HomeMy WebLinkAboutResolution - 081265L - Approval Of Land Use For Construction & Maintenance Of Canadian River Project - 08_12_1965 0
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(FST072o65)
RESOLUTION
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BEFORE THE CITY COUNCIL OF THE CITY OF
LUBBOCK, TEXAS
A resolution granting the use of certain city street rights of way
by the United States of America for the construction, operation and
maintenance of a portion of the Canadian River aqueduct to be constructed
under such streets, and providing for acceptance of future dedications
by the City subject to the right of the United States of America, its
successors and assigns, to operate and maintain the said aqueduct where
such dedications cover land in which an easement for such aqueduct is
already owned by the United States of America.
WHEREAS, the City Council of the City of Lubbock, Texas, did
convene on the 12th day of ,August , 1965, in a regular meeting
in said City and State, there being a legally constituted quorum of
its members present; and
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
i" River Municipal Water Authority, the United States of America has
determined to use the rights of way of certain streets which have
;j previously been dedicated to and accepted by the City of Lubbock; and
WHEREAS, the City of Lubbock deems it to be to the City's
best interest in 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 involving 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 such 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 recognized 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;
NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, THAT:
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(FST072o65)
The United States of America, its successors and assigns,
is hereby permitted to use lands underlying Manioca Road (or any other
portion thereof necessary for any proposed construction) where it
intersects Avenue .H (Mesa Road), this being the point where Rent Road
continues west on the west side of Lubbock Country Club, Lubbock
County, Texas, 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 am work in such
street rights of way such streets shall be returned 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 a 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.
PASSED BY THE CITY COUNCIL THIS ,.,19th_ DAY OF Ang3ipt , 1965.
IC} , Mayor Pro Tem
W. E. Alderson
ATTEST:
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Lave a Lowe, City ecretary-Treasurer
owed
YAttorney
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UNITED STATES
Ay DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
REGION 5
CANADIAN RIVER PROJECT
IN REPLY
REFER TO: P. O. BOX 2602
AMARILLO. TEXAS 79101
July 28, 1965
Mr. Max Tidmore, Mayor
City of Lubbock
Lubbock, Texas
Dear Mr. Tidmore:
Thank you for your letter dated July 8, 1965.
Since the previous resolution did not include right-of-way on Ma.nioca
Road, it will be necessary to obtain a new resolution before this
property can be used by the United States.
Enclosed for your review are the original and one copy of a suggested
form of resolution. If this resolution meets with your approval,
please have the original executed and furnish this office with a
certified copy.
Thank you for your cooperation.
Sincerely yours,
D.
Project Construction -Engineer
Enclosures
rR FE C E I V ED
1�.'-5
CITY SECRETARY'S OFFICE