HomeMy WebLinkAboutResolution - 060867D - Street Use License - Jack Dunn, Jr. - 21St Street - 06/08/1967Lo
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the MAYOR of the City of Lubbock be and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Street
Use License in favor of Jack Dunn, Jr., attached herewith which shall
be spread upon the minutes of the Council. and as spread upon the minutes
of this Council shall constitute and be a part of this RESOLUTION as if
fully copied herein in detail.
APPROVED:
I Fred O.r Senter, Jr.� Ci orney
STREET USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This License is made the, A day ofiiN , 1067, between
the City of Lubbock, a Home Rule Municipality, herein called "City" and
Jack Dunn, Jr.. herein called "Licensee".
W ITNESSETH :
THAT the parties hereto, for the consideration hereinafter Vxpressed
covenant and agree as follows:
(1) In consideration of the sum of FIVE AND NO1100 ($5.00) DOLLARS
per year, with the first year payable on execution of this instrument and
a like sum payable on January 1, of each succedding year for the duration
of this license, and other good and valuable consideration, City hereby grants
Licensee a license for the following purpose: To install and maintain under-
ground electric conduits and natural gas service lines beneath a public alley
within the City of Lubbock, Texas, described as follows, to -wit:
That portion of the East-West alley between 21st Street and 22nd Street,
with the natural gas service line being approximately 70 feet and the
electric conduits being approximately 80 feet west of the west right -of
-way line of Knoxville Avenue. The top of such lines and conduits shall
be a minimum depth of 4 feet below the natural surface of the alley.
A drawing of such construction is attached hereto and made a part hereof.
(2) All crossings of the alley by lines and conduits shall be at right
angles to the alley.
(3) All natural gas service lines shall be encased in a protective sleeve
the entire length of the crossing of such alley.
(4) Such use shall be subject to the terms of this license, City ordinances
and written approval of the City Engineer of the City of Lubbock.
(5) This license is made subject to the condition that should the Licensee,
his successors or assigns, exercise any right under the license herein granted
and prepare or begin or complete any part of the construction as herein contemplate
under and across any or all of the above set out property, then and in that event
said Licensee, his successors or assigns, will at all times defend, indemnify and
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 or the construction or maintenance 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, maintenance and use permitted
herein.
(6) Licensee shall at all times exercise the privileges granted by this licene
in such a manner as will not interefere with the public use of the public way at the
location hereinabove described and so as to not create any dangerous or hazardous
condition thereon, and subject to the supervision of the City Engineer, Licensee
shall erect such barricades, warning signs and other safety devices as may be
required by said City Engineer at no expense to the City.
(7) Payment of the annual fee provided above shall be made by Licensee
to City on January 1 of each year this license is in effect. Notice of such fee being
due shall be sent by the City to Licensee and upon failure of Licensee to pay such
fee within 30 days from receipt of such notice, the City shall consider such non-
payment as a default in this IL -ease and the City Council shall determine
APPROVED:
Fred O. Senter, Jr., City Attorney
APPROVED:
U M WAHL, CITY ENGINEER
THE STATE OF TEXAS
COUNTY OF LUBBOCK 4
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared W. D. ROGERS, JR., known
to me to be the person whose name us 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 7AYOR, for the purposes and consideration therein
expressed, and in the capdtiy therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1964.
(SEAL)
Notary Public, Lubbock County. Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK 1
BEFORE ME, the understgndd authority, a Notary Public in and for
said County, Texas, on this day personally appeared Jack Dunn, Jr., known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and considera-
tion therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
Of .1067. '
(SEAL)
Notary Public, Lubbock County, Texas
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