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HomeMy WebLinkAboutResolution - 052059A - Street Use License - Lbk Transit Corporation - Section 4 - 05_20_1959 JP :wc2 a%A_L RESOLUTION WHEREAS, the Lubbock Transit Corporation is desirous of extending bus service operations into the City of Lubbock; and, WHEREAS, it is apparent that said Lubbock Transit Corporation will be able to commence operations prior to the earliest date upon which any ordinance grant ing a franchise for such public transportation service could become effective; and, WHEREAS, to provide continuous bus service until such time as any such franchise may become effective, it is imperative that said Lubbock Transit Corporation be granted a temporary permit to use the streets of the City of Lub- bock; and, WHEREAS, the City Commission finds that the providing of temporary street use is of immediate necessity to maintain bus service within the I City of Lubbock until such time as a public transportation franchise shall become effective, and thus is essential to the best interest, welfare, health, and safety of the citizens of the City of Lubbock, and in the public interest; NOW'THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor BE and he is hereby authorized and requested to execute for and on behalf of the City of Lubbock, as Grantor, the Temporary Street Use License attached hereto and made a part of this Resohxtion for all purposes. SECTION 2. THAT the City Secretary shall attest the signature of the Mayor r^ to said License Agreement and shall affix the seal of the City of Lubbock thereto. Passed by the City Commission this 20th day of May , 19 r� ATTEST: AF �� city A1lorney Lavenia owe, CityAretar -Treasurer 6520SR A TEMPORARY STREET USE LICENSE ^ THE STATE OF TEXAS COUNTY OF LUBBOCK This License made the 20th day of MaV 19 59, between the City of Lubbock, a Home R-ale-Vu-nicipal Corporation of Lubbock County, Texas. herein called "CITE'" and the Lubbock Transit Corporation, a Texas Corporation, herein called "LICENSEE". WITNESSETH: THAT the parties hereto. for the consideration hereinafter expressed.cov- enant and agree as follows: (1) In consideration of the sum of ONE AND N0/100 ($1.00 ) DOLLARS, per year annual rental, cash In hand paid to CITY, receipt of which is hereby acknow- ledged and confessed, CITY hereby grants LICENSEE a temporary street use license for the purpose of operating motor buses and for the transportation of persons and property upon the roadways. streets, avenues and thoroughfares of the City of Lub- bock specified in Section IV of the "PROPOSED FRANCHISE ORDINANCE0=which is attached hereto and which Ordinance in its entirety is hereby incorporated by ref- erence for all purposes in this Temporary Street Use License. (2) This License is for the purpose of providing said Lubbock Transit Corporation temporary usage of the above specified :roadways. streets, avenues and thoroughfares for the term beginning on the lst day of June, 1959;said license shall automatically is all things expire on the date when said "PROPOSED FRAN- CHISE ORDINANCEI'as now attached, or as it may be eventually enacted. becomes effective; provided however. said license may also be revoked and cancelled as hereinafter provided. (3) This L.£cense shall not become effective nor in any way construed as granting any right or privilege until accepted by said !'Lnbbbcki Transit Corporation, said acceptance to be signified by execution bi, this license below by the proper officers bf said Corporation. (4) Acceptance of this License shall also be construed as acceptance of all terms, conditions, requirements and provisions of said attached *'PROPOSED FRANCHISED ORDINANCE'=, and this license is made expressly subject to all pro- visions of said "PROPOSED FRANCHISE ORDINANCE". and said License hereby agrees that during the period said Temporary Street Use License remains in effect _ to comply with and be bound by all terms, conditions.rrggbirements and provisions of said attached Ordinance as well as all further conditions contained herein. and by execution of this instrument shall signify acceptance of all of same. (5) 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 gtherwise hold the City of Lubbock, its agents, servants and employees harm- less of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever hind or nature which may grow out of or relate to the making of this License or the exercise by LICENSEE of any privileges granted by this License. (b) CITY at its election may cancel and revoke this License, with or without cause. upon thirty(30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to LICENSEE at (7) This License and privilege shall not be transferable in whole or in part. and shall not inure to the benefit of any other person, firm, corporation, or organi- zation other than LICENSEE except upon express written consent of CITY. (a) Upon termination of this License, by revocation and/or cancellation by CITY. by mutual consent of the parties hereto or otherwise. LICENSEE shall re- move, at no cost to CITY, any or all improvements and appurtenances thereto, if any, made or placed pursuant to this License. if such removal is requested by.the CITY. 052OSq A (9) All covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the r' parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by 110ENSEE. its suc- cessors. legal representatives or assigns, or any subsequent assignee,'shall be binding upon CITY without the written consent of CITY in each instance. CITY OF LUBBOCK BY: IMR` SK `�ayor — --- ATTEST: Lave n�a Lour—e, Q Secretasq-'Preasurer LUBBOCK TRANSIT CORPORATION A TEXAS CORPORATION BY: ATTEST: Secretary THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME. the undersigned authority, a Notary Public in and for said County. Texas, on this day personally appeared LENNIS BAKER, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed thesame as the act and deed of the CITY OF LUB- BOCK and as MAYOR, for the purposes and consideration therein expressed. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL.OF OFFICE, this 20th, day of May 19 59 . (SEAL) Mtazy PURTK. _b ock County.Tes`as' THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public, in and for said County. , on this day personally appeared President of, the ubbock Transit Corporation, s Texas Corporation, knEwn the arson whose came is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Lubbock Transit Corporation, a ��Corporation. for the purposes and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of . 19l. g (SEAL) ---- �otar.p