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Home My WebLink AboutResolution - 071455C - License - David Enger - Irrigation Pipe, Across Locust Ave - 07/14/1955 RESOLUTION Cony 7-26-55 WHEREAS, David Enger of Lubbock County, Texas, has requested to a Street-Use License fora period of one year for laying a twelve inch A P Cru eh concrete pipe under and across Locust Avenue at its intersection with AeeountinP 38th,Street in the Nelson-Brown Addition to the City of Lubbock, for & to the purpose of transmitting irrigation water from the irrigation well iar.Holmes, belonging to said David Enor, located West of said intersection, to Lir.''ub.`:k. a tract of land lying East of(said intersection, which said David Enger has rented for agricultural purposes; and, WHEREAS, said David Enger has agreed to lay such pipe under and across said street at a minimum depth of one (I)foot below the surface of the street, and that he will at all times, defdnd, indemnify and otherwise hold the City of Lubbock, its agents, servants and em- ployees, harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of such license or the con- struction or maintenance of the structure and appurtenances herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur or become liable for resulting in any manner from the laying of such pipe across and under said street; and, WHEREAS, said streets involved are not greatly travelled, and the issuance of such license does not appear in any manner to inter- fere with the public►s use of said streets; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That David Enger BE, and he is hereby granted a license to lay a twelve (12) inch concrete pipe across Locust Avenue at its inter- section with 38th Street in the Nelson-Brown Addition to the City of Lub- bock, Lubbock County, Texas, for the purpose of transmitting irrigation water from the irrigation well belonging to said David Enger and located West of such intersection to a tract of land lying East of said intersection, which said David Enger has rented for agricultural purposes. SECTION 2. That the Mayor is hereby authorized and directed to enter into a license agreement for and in behalf of the City of Lubbock with said David Enger, a copy of which agreement is attached to this resolution and made a part hereof, all subject to the terms and con- ditions stated in the attached license agreement. Passed by the Commission on this L+thday of July 1955. ATTEST: n MURR T yor Gill Laveni Lowe, Ci Secre ry-Treasurer 'Y/ A :kw f �_. CITY OF LUBBOCK MEMORANDUM, Inter Office TO: Mr. John Scott, Right-of-Way Department Date: 7/13/55 FROM: James A. Ellis, Assistant City Attorney SUBJECT: Street- Use License to David Enger . Attached is draft of resolution and street,-use license, with refe-rr ence to the above stated matter as requested by your recent memoran- dum. f JAMES A. ELLIS Assistant City Attorney JAE:kw ATTACH Z N .-- STREET-USE LICENSE TO y\� DAVID ENGEE '4 1 This LICENSE made this the 14 day of July, 19SSo by the City of Lubbock, a Rome Rule Municipal Corpora on, hereinafter called "City"and David Enger, hereinafter called "Licensee", WITNESSETtIs i . Subject to the hereinafter stated terms and a ondtif not the City hereby grants Licensee a license to lay a twelve (U) inch concrete pipe under and across Locust Avenue at Its intersection with JOth Street in the Nelson-Frown Addition to the !'Ctt of Lubbock, Lubbock Co unty,ounty, Tunas, cox the purpose of#ransraitting irriga• :•4ion water from the irrigation well belonging to Licensee loca#ed west of said latersectlon,:to a tract of land East of said biteersection, which Licensee has j`rented for agricultural purposes. . 2. Said Licensee shall pay to the City as compewwtion for said license the sum i!.W ONE AND NOf 100($1.00) DOLLAR for the term of said license, which shall be I�Jor a period of one year from date hereof, subject to the right of the City to can- "eel or revoke said license upon thirty (30)da-Val notice,with or without cause. This License Is made subject to the condition that the Licensee, bin heirs or assigns, will at all Umes defend, Indemnify and otherwise hold the City of Lub- !dock, its agents. servants and employees harmless from any and all claims. de• !taiands, actions, causes of action, snits at lane or in equity of whatsoever kind or j'inature which tray grow Quit of or bes related to fibs making esf this license or can- ' 6uuction or maieytename of the stricture and appurtenances herein covA=iplated. End will further replace or repair any dae:aaga and pay In talc all losses or ex- 0e manner that the City of Lubbock may sustain, recur or become liable for resulting ' ! any from the laying of said pipe across the above mentioned streets, � I aforesaid. d. Licensee &ball bear the entire cost of ditching and laying said pipe, and In re- fitting said ditch. The ditching and replacing of dirt therein sballbe done under he supervisions of the City Engineer, and the work shall be done at a time subject to the approval by said City Engineer. The Licensee shall provide and erect such ! barricades, warning signs and other safety devices under the supervision and as directed by said City Engineer: and the Licensee ,shall pay all costs incidental to ach supervision. 5. Licensee shall lay said pipe at a minimum depth of one (1)toot wader street grade ns determined by the City Engineer. b Upon the determination of the period of this license or at such time as the same should be cancelled or revoked, the pipe:and other improvements n uute Iursuant to this license shall be removed by the Licensee at no cost to the City. aach removal shall be under the supervision of the City Engineer. and Licensee shall restore the portion of the street crossed by the pike line to a condition equivalent to that of the yren-ainder of such street, subject to approval by the City Engineer and without expense to the City. 0114 C All the covenants and provisions cd this license shalt be binding upon and inure to the beaesfit of the heirs, successara, legal representatives, daly authorised agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Lieensne, his heirs or assigm shall be binding upon the City of Lubbock without written consent of the City of Lubbock in each instanaa, IN WITNESS WHEREOF the parties have executed this agreement in dupll- ode the day and year first above written. CITY' OF LUBBOCK f 8yj 3MURR . T or ATTEST: veala Ln , Secretary-Treasurer D&VJD ENGER� f SC I TILE STATE OF T"ASr { COUNTY OF LUBWCK BE-FORE ME. the undersigned authority, a Notary Ir Wit, in and for Lab- bock County, Texas, cc this day personally appeased MURRELL R. TRIPP, known to me to be the person wbose name to subscribed to the foregoing instru- maeat and acknowledged to me that he esae% the same as the act and deed of the CITY OF LUBBOCB and as MAYOR. for the purposes cad Consideration therein expressed and in the capacity therein stated. COWEN UNDER MY HAND AND SEAL OF OFFICE, this,Al-/day o,.� r 1458• (BEAL t, MERCK Mwdy-' Tescas r THE STATE OF TEXAS t COUNTY OF LUBBOCK BEFORE ME. the undersigned authority, a Notary Public, in and for Lub- bock County, Taxes. on this day personally appeared DAVID ENDER, known to me to be the person who" name is sabserlbed to the foregoing lax rumeat, and acknowledged to me tbat he exieeuted the sinne for the purposes and considers• tiou therein eased, hYEA tT 'Dam MY HAND AND SEAL OF OFFICE, ths,sj/ „day of ... ...ems 195S. 7. A, µAyNAR0. NOTARY y�KtG `SEAL , , Cxas