HomeMy WebLinkAboutResolution - 091461D - License For Use Of Public Way - General Telephone Co Of The Southwest - 09_14_1961 Jp� :wg
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RESOLUTION �{
BE IT iESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK
SECTION 1. THAT the Mayor be and he is hereby authorized and directed
for and on behalf of the City of Lubbock to execute the attached "License for Use
of Public Way" granting General Telephone Company of the Southwest the right
to construct, install, operate and maintain underground conduit and manhole
facilities at the location specified and under the conditions and terms of said
License, a copy of which is attached and incorporated herein by reference for
all purposes.
SECTION 2. THAT the City Secretary-Treasurer is authorized and directed
attest the Mayor's signature to said License affixing the seal of the City of Lubboc
jthereto.
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Passed by the Commission this 14tk day of Saptertber a 1961.
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AVID C..CASEY, May r -----
ATTEST.
f For rov
we, City c e_ ary-Treasurer
I: City Attorney
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Form No. L-S
• LICENSE FOR USA OF PUBLIC WAY
1E.STATE OF TEXAS: r-
)UNTY`OF LUB`BOCK
Thi, ',,icense made the*/ between.the Ctty'of Lubbock, a Home
de Municipality, herefn•called'- "CITY"4ndG lki fompity.vt U6 Southwasts
rein called "LICENSEE".
_. WITN1999V ]W
THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree
follows:
(1) In consideration of the sum of ONE A D NO1100 ($1.00) DOLLARS, cash in hand paid
to the City of Lubbock, the'ireceipt and sufficiency of, v4dthis hereby
acknowledged,
.ty hereby grants LId NSEE a License for"the following purpose: 40ematruct, install,,•
operate and rnaintdle am *r2roumd CQi t: mwholm QoustraCtion
the following desig fated location: $aid Use, to run from ticansed$ MMUng installations
in 4th Street ghee Soatb to a point not more than 10 feet South of tha North curb aiae of 6th
6moot,
with said line parapet to sad a roximoatety 2 feet F.a+tt of the UCk of the East 4arb
line of Avenue M, thesce West across the 6th street Avenue M tatejrsse#Ro to connect with
existing Southwestern Se11 Telephone faei$iesr
(Z) This License is made subject to the condition that LICENSEE, and the heirs, successors,
,4 assigns of LICENSES will at all times defend, indemnify and otherwise hold the City of
tbbock, its agents, servants and employees harmless of and from any and all claims, demands,
:tions, causes of action, suits at law and inequity and costs of whatsoever kind or nature which
ay grow out of or relate to the making of this License or the exercise by LICENSEE of any
-ivilege s granted by tLs License.
(3) LICENSEE shall at all times exercise the privileges granted by this License in such a
anner as will not interfere with the public use of the public way at the location hereinabove
-scribed and so as nqt to create any dangerous or hazardous conditiori'thereon, and subject to
.e supervision of the City Engineer, LICENSEE shall erect such barricades, warning signs, and
:her safety devices as may �e required by said City Engineer at no expense to CITY.
(4) CITY at its eleotioti may cancel and revoke this License, with or without cause, upon
drty (30) days riotice to LICENSEE. Said notice shall he deemed properly served if
sposited in the Ibbst Office, postpaid, addressed to LICENSEE at
(5) This License and privilege shall not be transferable in whole or in,part, and shall not
Lure to the benefit of any other person, firm, corporation, or organization other than
ICENSEE except upon express written consent of CITY.
(6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual
Dneent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any
r all improvements and appurtenances thereto, if any, made or placed pursuant to this
icense, if such removal is requested by the CITY.
(7)rICENSEE accepts"the terms, covenants, and conditions of this License and agree"s to be
ound thereby. In the event two or more parties execute this instrument as LICENSEE, all cove
ante and agreements of this License shall be joint and several convenants and agreements of such
Artie s. "
(8) 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
[feet as same Tire binding upon and'inure"to the-benefit of-the parties hereto; but no assignment
reof by LICENSEE, its puccessors, legal representatives or assigns, or any subsequent assi-
iee, shall be binding upon CITY without the written consent of CITY in each instance.
CITY O UBB
►TTEST: BY:
Mayo r —�
n LplLlii LICENSEE
ity Seer tart'-Treaeu er O nmpanrr ei the
City of Lubbock, Texas
Southnrest