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Home My WebLink AboutResolution - 010958I - License To Lay Water Line - Wood Chemical Co - Phyllis Wheatley Subdivision - 01_09_1958 2T I-L RESOLUTION WHEREAS, Food Chemical Company of Lubbock County? Texas, has re- quested an alley use license for an indefinite period for the construction and laying of a water line and a steam line under and across that portion of the alley- way abutting Lots 8 and 10 of Block 14, Phyllis Wheatley Subdivision of the City of Lubbock for the purpose of transmitting water and steam from and to said lots 8 and 10; and, WHEREAS, said Wood Chemical Company has agreed to lay such pipes under and across said alleyway at a depth to be designated by the City Engineer and in such a manner as will not interfere with the public use of such alleyway and further that it will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and employees harmless from any and all claims, demands, actions,, causes of action, suits at law and in equity of whatsoever kind or nature which may grow out of or be related to the making of such license or the construction or the 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 pipes across and under such alleyway; and, WHEREAS,, said alleyway involved is not greatly traveled, and the issuance of such license does not appear in any manner to interfere with the public's use of said alleyway; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION'OF THE CITY OF LUBBOCK: SECTION 1. THAT Food Chemical Company BE and it is hereby granted a license to lay a water line and .a steam line under and across that alleyway abutting Lots 8 and 10, Block 14,_ Phyllis Wheatley Subdivision of the City of Lubbock, Lubbock County., Texas. Such license to be within a ten foot strip, the centerline of which is seventy-five (75) feet North of the South block line of said Block 14. All for the purpose of transmitting water and steam from a-id to said Lots 8 and 10 belonging to said Wood Chemical Company. SECTION 2. THAT the Mayor is hereby authorized and directed to execute and deliver a license agreement for and in behalf of the City of Lubbock with said Wood Chemical Company as per copy of such agreement attached to this resolution and made a part hereof, all subject to the terms and conditions stated in the attached license agreement. Passed by the City Commission this 9th day of January , 1958. ATTE So S. FORREST* JR.% ' a.yor AcUeYZ 41 La enia Lowe% ity.Sec etary-Treasurer CITY OF LUBBOCK MEMORANDUM, utter Office ,1 TO: John Hi.ckearson, City Engineer Date January 8, 1958 FROM: Fred O. Senter, Jr. , Assistant City Attorney SUBJECT: STREET USE LICENSE - WOOD CHEMICAL COMPANY Attached hereto is the alley use license together with the appro- priate resolution authorizing the Mayor to execute and deliver such license to the .'Wood Chemical Company as requested in your memo dated January S, 1958. We are, in addition, returning to you herewith the letter attached to your memo which you requested that we return to you.. RED 4. SENTE'R, IROS Assistant City Attorney FOS:Sam Attach - WOOD CHEMICAL CO. 108 SSIX P. Q. Box 599 PHONE SH 4-4508 LUBSOCK, TEXAS INSECTICIDES FERTILIZERS FUNGICIDES January 6s 19�8 WEED KILLERS Yayor S. S. Forrest , Jr. City of Lubbock Lubbock, Texas Attention: Engineering Department Honorable Sir: We wish to apply for a street use permit . We intend to chanf.-,,,e our manufacturing equipment in such a manner that it will be necessary for us to run a water line and a steani line underneath the alley at our locatione In order to do so we have been informed that such a permit is necessary& Inasmuch as we desire to make these chantes durinG the month of January$ we would appreciate our obtaining- the permit as soon as possible* Thank you for your attention to this matter. Very truly YOUl'S9 T. D. Roth 111R:maw LICENSE FOR USE OF PUBLIC WAY THE STATE OF TEXAS COUNTY `OF=LUBBOCI ''I°hie License rna'de'the day of ry , t19 ,: between the ``City of Lubbock, a Home R.0_,.,,�,Ion.icipa3:ity, 'herein called "CITY" and WOOD C AL !COMPANY herein called"'LICENSEE, WITNESSETH THAT the parties.hereto, for the consideration hereinafter=expressed, covenant and agree as follows: Q1) In consideration of the sum of ONE AND N0/100 ( 1. 00) DOLLARS payable as follows- In Advance City hereby grants LICENSEE a License for the following purposed... T9, coastct aUd install uAderground a grater lime and a stsa= line ., at the, location: Across tna alleyway Abutting Lets 8 and iEi, Stock i4 Phyllis -*it*AtleySubdivision ;of tars 't it' `0, Lubbook`, on a strip .of land ten (10) feet wide the centerline of which is 7S f+set North of the South block line of said' Al6ck 14 (Z) This License is made subject to the condition that LICENSEE, and.the heirs, successors, and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents,,,. servant$. and employees harmless of and from any and all claims, demands s.ctiona, causips of action, suits at law and in equity and costs of whatsoever kind or nature whist may grow out of or relate to the making of this License or the exercise by LICENSEE df any privileges granted by this License. A .g g y ' (3) LICENSEES shall ,at all times exercise the, priuxl� es ranted b this License in such a manner as will n64.interle*e w: ith,the public use of the public way at' the location here nabove iescribed and so as not io create any dangerous or haiard6us condition thereon, .and subject to .he supervision of the City Engineer, LICENSEE' shall erect such"bArri,cades, warning signs, ane athe7r safety devxees as- rriay he required by said City Engineer at no expense to CITY. (4) CITY at rts:.eliettioia,may cancel and revoke this License, with or without cause, upon shirty (30) days riatioe to. LICENSEE. Said notice shall be deemed properly served if ieposited in the P61 st Off%oe, postpaid, addressed to LICENSEE.at Box 599, L.ubbovk* Texas. (5) This, License ,arid privilege shall not be transferable in whale or,in part, and shall not .pure- to the benefit of any other person, firm., corporation, or organization other than LICENSEE except upon express written consent of CITY. (6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual consent„Of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any ar all #nproverhents and appurtenances thereto, if say, made or placed pursuant to this License, if such removal is requested by the CITY. (7) LICENSEE accepts the terms, covenants, and conditions of, this License and..agrees"to be )oi�n�,thereby. Inthe event two or more ent as as and ag eanents of this License shall l be�joi t anats.everal coxx��ve ants and agree me all wise agreements of site )s.rtie s o All covenants and provisions of this instrument shall be binding-upon and inure to the )enefit of the successors, legal representatives and assigns of the parties to the same extent and ct a.s Berne are binding upon and inure to the benefit of-the partiep hereto, but no assignment tereof by LICENSEE, its successors, `legal represonta.tives or assigns, or any subsequent assi- enee, shall be binding upon CITY without the written consent o CITY' in ch, instance° _... .. .... CITY O U C , rye �+ �e �.A.Ta�J.o 4hmelllwl BY: f.;;; ,4� Mayor - ,.- LICENSEE ®CC w'PTZD BY - ANY �i* Secretary-Treasurer