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Home My WebLink AboutResolution - 060867E - Street Use Franchise - Southwestern Bell Telephone Co - Original Town - 06_08_1967W/. KJ:jkb RESOLUTION BE ITRESOLVED 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 an on behalf of the City of Lubbock a Street Use Franchise in favor of Southwestern Bell Telephone Company attached herewith which shall be spread upon the minutes of the Counciil and as spread upon the minutes of this Counciil shall constitute and be a part of this Resolution as if fully copied herein in detail,, APPiio�TED Fred 07. Senter, Jr„ City dkney This indenture made this 8th day of June , 1967, between the City of Lubbock, Texas, a Home Rule Municipality, here- inafter called "City" and Southwestern Bell Telephone Company, a Missouri Corporation, authorized to do business in the State of Texas, hereinafter called "Grantee". WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock, Texas, does hereby grant unto Grantee, its succes- sors and assigns, the right, privileges and franchise to construct, occupy and maintain, below surface level, a basement area along with the prescribed utility services and passages, to be used in connection ` with existing and future telephone service improvements under and across a public alley within the City of Lubbock, Texas, described as follows, to -wit: BEGINNING at the Southwest corner of Lot 20, Block 115, Original Town of Lubbock, Texas; THENCE West approximately 5 feet to a point; THENCE South approximately 25 feet to a point; THENCE East to the West line of Lot 11; of said Block 115; THENCE North to the PLACE OF BEGINNING. . A drawing of such construction is attached hereto and made a part hereof. 1. The term of this grant shall be for twenty (20) years from the date of adoption hereof and thereafter for a period running from month to month at thewill of the City. 2. Grantee shall pay to the City as a compensation. for such grant the sum of TEN AND NO/100 ($10.00) DOLLARS, per year for the duration of this franchise, with the first year payable on execution of this instrument and a like sum payable on January 1 of each succeed- ing year for the duration of this franchise. 3. Payment of the annual fee provided above shall be made by Grantee to City on January 1 of each year this franchise is in effect. Notice of such fee being due shall be sent by the City to Grantee and upon failure of Grantee to pay such fee within 30 days from receipt of such notice, the City shall consider such non-payment as a default in this franchise and the City Council shall determine whether such franchise shall be considered forfeited and may elect to demand vacation by Grantee. 4. Prior to any construction as authorized by this franchise, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantees shall not commence construction until such plans and specifications are approved by the City Engineer. 5. The Grantees agree to pay all costs arising out of the exer- cise of the franchise herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this franchise. Grantee shall keep the alley and/or sidewalk over such underground construction in such condition and repair that it will be safe for use by the public and in a manner satisfactory to and approved by the City Engineer, and shall at all times comply with the ordinances of said City regulating the use of space underneath streets, alleys and sidewalks of said City. 6. In the event the City determines that the existence of such use interferes with or causes the re-routing or re -aligning of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the City or franchised utility, Grantee agrees to reimburse the City of Lubbock or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for Grantee's use herein. 7. This franchise is made subject to the condition that should the Grantees, their successors or assigns, exercise any right under the franchise herein granted and prepare or begin or complete any part of the construction as herein contemplated, under and across any or all of the above set out property, then and in that event said Grantees, their successors or assigns, will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, ser- vants, 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 franchise 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. City, at its option, may require an agreement with any contractors hired by Grantees to per- form the construction, repair or maintenance permitted herein, which agreement will indemnify the City from and against all claims, - liability, cost and expense growing out of the performance of the work to be done by such contractor. The City may further require such contractor to furnish, without expense to City, a reliable surety bond, in an amount and in the form satisfactory to said City, guar- anteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability and property damage insurance within limits` specified by, and in a form satisfactory to, said City, covering the contractual liability assumed by contractor in said agreement with City. F 8. At such time as this franchise should be canceled or revoked for any reason, before or after the expiration of the primary term, the improvements that are permitted under this franchise shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. In the event Grantee fails or refuses to remove such improvements after demand by City, the City shall enter possession, and remove or cause to be removed such improve- ments and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. 9. All of the covenants and provisions of this franchise shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure td the benefit of the parties hereto, but no assignment hereof by the Grantees, their successors or assigns, shall be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance. 10. Grantee, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and Grantee waives any and all claims in and to the public way he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation ^ of this franchise. ( 1 C CITYN1_'_,T,TN BY: ",'r�? W. D. R GERS,TYfR ATLxn ` , �lll eL� el - La nia Lowe,?City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1967. LICENSEE: SOUTHWESTERN BELL TELEPHONE CO.' BY: E.; C,.. SMrrH, VICE PRESIDENT AP red O. Senter, Jr. City rn AP (OVED: Wahl, City Enkineer qq: 3r 14RUWO C&BU 161-five N 'I ji 164 1-0 'ter to -m-rej ftwc MN&MININNOM N T�rIPo(tA2Y PDR'ililOH :: IZtwNIDVI5 � 9*1e1. WAI.t..4 t",, � •� 2EE gP�cIPIc��floNy SHOWN GbT1Et� r; . - ,�,..,• f%XI5'(,: FrOtLI:tZ RoaM t'<XltiY,pLIC " A �p 0XIe. AaP.SWA~. :.54E MEAN j to w rZEr1 p "' 4L= aF OLp t'itfl�FiOL MOVE :ftl i ,.r? foR 6Xof vu� �t D aY5 /�i( Xlrtf)� , • R�h'kJVE $)CIN�=CPNG. 11rXl�i'�I 1 •►r i 4LLO O o!•v McHN AN14 E!:. b•o a s-a rA5' bA!g 44Y I P Aye N �:.. exlsr WAL REMOVE Ysx1yT1 ��- ,\ 8` 09 N cf-tWB��E4Ulf' I 1 pRAlti•SEE NPeA '-1 �� 3lea)j Aow. RE HOW fWUM, 4 rAp �Remove r xl4l; MASOH�tYr�IzsiYlort, / &NI�oaAuY pp I'(Idn x . SNoNH .Dv1'tED.. � SEE �pEatFla6fiGl� - ► . ;. _ �: Eq � • r i .E El F7 1 rKIS'r. 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