HomeMy WebLinkAboutResolution - 4339 - Amendment To Agreement - MEC Inc - EPL Land Use Permit - 12_09_1993Resolution #4339
December 9, 1993
Item #16
RESOLUTION
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 an Amendment
to Electrical Power Lines Land Use Permit Agreement by and between the City
of Lubbock and Midwest Electric Cooperative, Inc., attached hereto, 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.
Passed by the City Council this 9 of December 1993.
ATTEST:
Bettyr6unt'-
o nson City Secretary
APPROVED AS TO CONTENT:
Ed ucy, ig t-o - ay Agent
APPROVED AS TO FORM:
Karold Willard, ssistant ity Attorney
HW:da/ccdoca/A-MDWEST.rea
November 10, 1993
.;
Resolution #4339
AMENDMENT TO
ELECTRICAL POWER LINES LAND USE PERMIT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GARZA §
WHEREAS, the CITY OF LUBBOCK, TEXAS, a Texas Home Rule Municipality, herein
called "CITY," and NMWEST ELECTRIC COOPERATIVE, INC., a Texas Cooperative
corporate public utility company, herein called "PERNHTTEE," on or about February 14, 1991,
executed an Electrical Power Lines Land Use Permit Agreement; and
WHEREAS, in such Agreement the CITY granted unto PERMITTEE a permit to lay,
construct, repair, maintain, or remove, and use underground and overhead electrical power lines,
poles, guy wires, transformers, and all other power lines, poles, guy wires, transformers, and all
other related electrical power lines, fixtures, substations and equipment in, upon, over, under,
along and across certain real property owned and controlled by the CITY; and
WHEREAS, in response to a request from PERMITTEE, the CITY passed Resolution
No. 4028 on December 10, 1992, which purported to extend and amend the above -described
Permit Agreement to include two (2) additional tracts of real property in which PERMITTEE
could place its power lines and related equipment; and
WHEREAS, PERMITTEE has now requested that the Permit Agreement be amended
again to include another tract of land; and
WHEREAS, the CITY has determined that such a request is supported by consideration
and it would be in the public interest to grant such a request; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
1. THAT the Electrical Power Lines Land Use Permit Agreement between the CITY
and PERMITTEE executed on or about February 14, 1991, is hereby amended by modifying
numbered paragraph I of the Agreement to read as follows:
I.
THAT in consideration of ONE AND N0/100 DOLLARS ($1.00) and
other good and valuable consideration and the mutual agreements to be kept and
performed by the undersigned parties, the CITY does hereby grant unto
PERMITTEE a permit to lay, construct, repair, maintain, or remove, and use
underground and overhead electrical power lines, poles, guy wires, transformers,
and all other related electrical power lines, fixtures, substations and equipment in,
upon, over, under, along, and across the following described real estate owned and
controlled by said CITY, to -wit:
Across Sections 70, 71, 72 and 78, and the Southwest Quarter of Section
106, Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas.
The Southeast Quarter of Section 106 and the Southwest Quarter of
Section 95, both in Block 5, H. & G. N. R.R. Co. Survey, Garza County,
Texas.
All of Section 4, Block 6, H. & G. N. R.R. Co. Survey, Garza County,
Texas.
2. THAT all other terms and conditions of the Permit Agreement herein amended are
hereby ratified and except as modified above shall be and remain the same.
IN WITNESS WHEREOF, the p re ve executed this Amendment on the
9th day of December 1993. �r7
ATTEST:
Betty M. YolinsonjU& Secretary
APPROVED AS TO CONTENT:
<� /3,
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
A"a 12 �--
arold Willard, Assistant City Attorney
L
R. LANGSTON,
MIDWEST ELECTRICAL
COOPEB4TIVE, INC.
AMENDMENT TO ELECTRICAL POWER LINES
LAND USE PERMIT AGREEMENT Page 2
THE STATE OF TEXAS §
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County,
Texas, on this day personally appeared DAVID R. LANGSTON, known to me to be the person
whose name is subscribed to the foregoing instrument and acknoweldged to me that he executed
the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR, for the purposes
and consideration therein expressed, and in the capacity herein stated.
qgEN UNDER MY HAND AND SEAL OF OFFICE this Cf h day of
eCe Lk- b-eQ - , 1993.
' . BEATRIZ M. RODRIGUEZ
Rd" Public. Shte of Tam
r M) CI)MMUoa Expire W3"
THE STATE OF TEXAS
COUNTY OF FISHER
tary Public, Lubbock Co ty,
My Commission Expires: 04 /0 3 S
BEFORE ME, the undersT
ed authority, a Notary Public in and for said County, Texas,
on this day personally appeared ,5 fa. D r t ,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 consideration therein expressed, and in the capacity therein stated, as
the act and deed of Midwest Electric Cooperative, Inc.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
D , 1993.
HW:da/hwd1/A-MDWEST.doc
November 10, 1"3
"I_ '-�' va_-e_o�
Notary Public, Fisher County, Texas
My Commission Expires: I D — 31—
AMENDMENT TO ELECTRICAL POWER LINES
LAND USE PERMrr AGREEMENT
Page 3