HomeMy WebLinkAboutResolution - 081061F - License For Use Of Public Way - Dr. J.T. Krueger, Jr. - Broadway - 08_10_1961 RESOLUTION
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION L THAT the Mayor of the City of Lubbock be and is here-
by authorized for and on behalf of said -City:to execute a "License for use
of Public Way" to Dr. J. T. Kruegers Jr., for the purpose of placing
and maintaining a Planter Box on the side walk portion of Broadway in the
City of Lubbock, Lubbock County„ Texas, a copy of said License being
attached hereto and incorporated herein by reference for all purposes,
SECTION II. THAT the City Secretary-Treasurer is authorized and
directed to Attest the signature of the Mayor to said License affixing the
seal of the City of Lubbock thereto.
Passed by the City Commission this loth day of August 1961.
DA VID C. .CASEY Ma o
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ATTEST 4PAlltvney
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ti ll�v169
-favenih Lowe, Secretary-Treasurer
i
LICENCE FOR USE OF PUBLIC WAY
STATE OF TEXAS
COUNTY OF LUBBOCK
This license made the day of 1961. between the City of Lubbock, a
Home Rule Municipality, herein called Y" and Dr. J. T. Krueger, Jr., herein called
"LICENSEE".
WITNESSETHi
THAT the parti®s hereto, for the consideration hereinafter expressed, convenant and
agx�,e"as xoli�6r
(Ira consideration of the surn of ONE AND N0/100 (SI.00) DOLLARSs cash in hand paid,
the receipt of which is hereby acknowledged.City hereby grants LICENSEE a License for
t he`following purpose: Placing and maintaining a planter box not exceeding twenty-four
(Z4") inches by forty-two (4Z") inches in size, and not higher than two (Z') feet above the
surface of the sidewalk; said planter box to be located on the sidewalk in front ofi014
Broadway in the City of Lubbock, Lubbock County. Texas, near the intersection of the
curb Sine of said Broadway with the East property line of Lot 9. Block 119, Original
Town of the City of Lubbock. Lubbock County. Texas.
(2) This License is made subject to the condition that LICENSEE, and the heirs. suc-
cessors, and assigns of LICENSEE will at all times defend, indemnify and otherwise hold the
City of Lubbock, its agents, servants and employees harmless of and from any and all ciaimf
demands, actions. causes of action, suits at law and in equity and costs of whatsoever kind
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. LICENSEE shall further keep and
maintain adequate insurance at LICENSLE'S own expense to protect LICENSEE and the City
of (Lubbock against public liability or property damage claims arising out of the exercise
of the privileges granted by this License.
(3) LICENSEE shall at all times exercise the privileges granted by this License in
such a manner as well not interfere with the public use of the public way at the location
hereinabdve described and so as not to create any dangerous or hazardous condition thereon,
and subject to the supervision of theCity Engineer. LICENSEE shall erect such barricades,
warning signs, and other safety devices as may be required by said Clty Engineer at no
expense to CITY.
(4) CITY at its election may cancel and revoke thin License, with or without cause,upon
thirty 130) days notice to LICENSEE. Said notice shall be deemed property servtd if de-
po'sited in the Post Offices postpaid, address ed to LICENSEE at 1910 Knoxville, Lubbock,
Texas.
(S) 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 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 or all improvements and appurtenances thereto, if any, made or placed
pursuant to this License, if such removal is requested byirthe CITY.
(7) LICENSEE accepts the terms, covenants, and conditions of this License and agrees
--to be bound thereby; In the event two or more parties execute this instrument as LICENSEE.
Ali covenants and agreements of this License shalt be joint and several covenants and
agreements of such parties.
(S) 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 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 LICENSEE, its successors, legal representatives or assigns,
or any subsequent assignee, shall be binding upon CITY without the written coasantz: of
CITY in each instance.
CITY OF LUBBOCK
B
ATTEST: � ,VI�i�.�A Elf.Mayor
Lavenia��t`y Secretaiy=3`reasure`r
LICENSEE
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 DAVID C. CASEY, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of the CITY OF LUBBOCK 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 day of
1961.`
SEAL)
Wo—tary`NUGHFc,�u�bocic�4ou`nty. exam
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public, in and for said County,
Texan, on this day personally appeared DA. J. T. KRUEGER, JR. known to me to be
the pdrson whose name is subscribed to the forgoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
1961.`
(SEAL)
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