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HomeMy WebLinkAboutResolution - 101465C - Street Use License - Southwestern Bell Telephone Co - Original Town - 10_14_1965 GAS;kks 10 LCA6 �QJ � RESOLUTION WHEREAS, the Southwestern Bell Telephone Company has requested that ' it be granted a license to: 1. Construct a passage way across the east-west alley in Block 115, Original Town, City of Lubbock; 2. Construct an "under grade" utility tunnel under the same said alley; 3. Install a 3500 gallon fuel tank for emergency generators under the sidewalk on the east side of Lot 15 of the aforesaid block; and 4. Install an "under sidewalk" access at the south side of a building on Lots 11 through 15 of the same said block; and WHEREAS, the City Council finds that such license is requested in connec- tion with an expansion program of the said Southwestern Bell Telephone Company which is designed to better serve the Citizens of the City of Lubbock; and, WHEREAS, the City Council finds it to be in the public interest and in.the interest of the health, safety and general welfare of the Citizens of the City o Lubbock that a Street Use License be granted to the Southwestern. Bell Telephone Company; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the Street Use License attached hereto and hereby made a part of this Resolution for all purposes,. SECTION 2. THAT the City Secretary-Treasurer shall attest the signatur of the Mayor to said License and shall affix the seal of the City of Lubbock thereto Passed by the City Council this 14th day of October 1965. MAX IDMORE, Mayor ATTEST• Lc,- Lavefiia Lowe, Cit Secretary-Treasurer APP�ROV-ED- Fred O. Senter, Jr., Ci ttorney THE STATIC OF TEXAS COUNTY OF LUBBOCK 1 STREET USE WCENSE This License made this the 14th day of October 1665, by the City of.Lubbock, a Home Rule Municipal Corporation, here- inafter called "City` and Southwestern Bell Telephone Company, a cor- poration, of Lubbock, Texas, hereinafter called "Licensee", and each acting herein by and through its respective officers and agents, hereunto duly authorized. WITNESSETH: In consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS per year for the duration of said license and subject to the terms and conditions hereinafter set forth, the City hereby grants Licensee a License to do the following: 1. Construct, maintain and use an overhead passageway connecting a building on Lots 16 through 20, Block 115, Original Town, City of Lubbock, and a building to be constructed and located on Lots 11 through 15 in the same said block and across the East-West alley between said lots. Such passageway shall join the buildings at the second, third and fourth floor8, and a future fift# floor, providing however, that a minimum clearance of 15.Oaf feet shall be maintained from ground level to bottom level of the passageway. Such passageway shall be supported by two 16 inch by 16 inch supporting columns on the north side of the alley encroaching within the alley right of way 12 112 inches. 2. Construct, install. maintain, and use an "under sidewalk" access at the south side of the building on Lots 11 through 16, Block 115, Original Town, City of Lubbock, Texas. Such access area shall be 2 feet 6 inches behind the face of the curb now existing and shall be no more than twelve feet wide and shall be constructed so as to be flush with the sidewalk. S. Place and maintain a 8500 gallon underground fuel storage tank under a sidewalk on the es'A side of Lot 15. Block 115. Original Town, City of Lubbock, Texas. Such fuel tank shall be for the purpose of serving emergency generators and shall be located at least three (3)feet below the surface and shall not be placed closer than two (2)feet from the curb line. 4. Construct, install, maintain and use an "under grade" utility tunnel approximately four (4) feet wide by five (5)feet deep across the east- west alley between the buildings aforementioned. Such tunnel shall join the two buildings and shall be located so as to avoid interfering with existing utility lines. Such tunnel shall be located above the existing sewer line and below the existing water and gas lines. Pro- vided, however, that Licensee, in consideration for the granting of this License, covenants and agreee to pay any additional expense inourred by City for any future utility placed, replaced or repaired in said alley which additional expense is caused by the location of the tunnel aforesaid in such alley. 11. Prior to the construction of any of the facilities authorized herein, the Licensee shall submit to the City Engineer plans and specifications of the construc- tion to be done, acid the Licensee shall not commence construction of such facilities until such plans and specifications are approved by the City Engineer. -2. The>Licensee as further consideration for the grant of the License herein will pay all costs arising out of the exercise of the License herein made including, but not limited to, the4eplacement and repairing of paving, sidewalks, and utilities of any nature occasioned by the construction of the facilities herein licensed. IV. This License is made subject to the condition that should the Licensee, its successors or assigns exercise any right under the License herein granted, and prepare or begin or complete any part of the facilities herein contemplated under and across any or all of the above set out property, then and in that event said Licensee, its successors or assigns, will at all times defend, indemnify acid otherwise hold the City of Lubbock, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this License of the construction or maintenance of the structures and passageways and appurtenances herein contemplated, and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain, incur or become liable for resulting in any manner from the construction of such underground facilities. VI. At such time as this License should be canceled or revoked for any reason, the underground facilities as constructed under this License shall be removed by the Licensee and the property restored to its original condition at no cost to the City of Lubbock. VII. All of the covenants and provisions of this License shall be binding upon and enure to the benefit ofthe successors, legal representatives, assigns, and -8- J the duly authorized agents and contractors of the parties hereto to the same extend and effect as the same are binding upon and enure to the benefit of the parties hereto, but no assignment hereof by the Licensee,its successors or assigns, shall be binding upon the City of Lubbock without the written consent of the City of Lubbock in each instance. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. CITY OF LUBBOCK: BY: V MAX TIDMORE, Mayor ATTEST: Lavenia Lowe, City Secretary-Treasurer SOUTHWESTERN BELL TELEPHONE COMPANY BY: ATTEST: