HomeMy WebLinkAboutResolution - 010964D - Granting Use Of Certain City Streets For Construction Of Canadian River Aqueduct - 01_09_1964 i RESOLUTION 0104 (oqP
r..,. A RESOLUTION GRANTING THE USE OF CERTAIN CITY STREETS RIGHT
OF WAY BY THE UNITED STATES OF AMERICA FOR THE CONSTRUCTION, OP
ATION,' AND MAINTENANCE OF A PORTION OF THE CANADIAN RIVER AQUED
L TO BE CONSTRUCTED UNDER SUCH STREETS, AND PROVIDING FOR ACCEPT-
ANCE OF FUTURE DEDICATIONS OF STREETS AND OTHER PUBLIC PURPOSES
BY THE CITY SUBJECT TO THE RIGHT OF THE UNITED STATES OF AMERICA,
ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN THE SAID AQUE-
DUCT WHERE SUCH DEDICATIONS COVER LAND IN WHICH AN EASEMENT FOR
SUCH AQUEDUCT IS ALREADY OWNED BY THE UNITED STATES OF AMERICA,
WHEREAS, in its plan for the construction, operation, and maintenance of
an aqueduct for the transmission of domestic water to the City of Lubbock, and to
other cities participating in the Canadian RiverMunicipal Water Authority, the
United States of America has determined to use the rights of way of certain streets
which have previously been dedicated to and accepted by the City of Lubbock; and,
I WHEREAS,; the City of Lubbock deems it to be to the City's best interests i
the development of its domestic water supply under its contract with the Canadian
River Municipal Water Authority that the United States of America be permitted to
use the said street rights of way for such purposes, and that in all instances in-
volving lands over which the United States of America has acquired an easement
therein for purposes incidental to the construction, operation, and maintenance of
+' such aqueduct the City of Lubbock shall accept any dedications of such lands for
public purposes which may be proffered by the owners of the servient estate in suc
lands subject to the specific provision that the rights of the United .States of America
to construct, operate, and maintain an aqueduct across such lands shall be recogni eg
by the City of Lubbock as superior in right to the rights of the City of Lubbock in
such lands by reason of such dedication, and without limitation upon the rights of the
United States of America under its aqueduct easements;
BE IT HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBB0 ,1
TEXAS, THAT:
The United :States of America, its successors, and assigns, is hereby per-
mitted to use lands underlying Olive Avenue, Peach Avenue, Kent Street, Quaker
Avenue in the City of Lubbock for the construction, operation, and maintenance of
a subterranean aqueduct, subject only to the provisions that the United States of
America shall not unnecessarily disrupt traffic flows along said streets, and upon
the completion of any work in such street rights of way such streets shall be re-
turned to a condition at least equal to their condition prior to such work by the
United States of America; and,
In all future instances involving the dedication of lands for public purposes,
where such dedications are proffered in and to lands covered by prior easement to
,., the United States of America for purposes incidental to its construction, operation,
and maintenance of the said aqueduct, the City of Lubbock shall accept any such
dedications of such lands subject to the rights of the United States of America to
construct, operate, and maintain an aqueduct across such lands, Provided, how-
ever, that this shall never be construed as a limitation on the rights and powers
the City of Lubbock to exercise its lawful authority thereover to alter, repair and
construct any improvements thereon.
Passed by the City Commission this 9th day of January , 1964.
q
CFI F. STRONG,, Mayor
AT T,,:
Form Approved
laivenia Lowe, City Secretary-Treasurer
City Attorney'