HomeMy WebLinkAboutResolution - 031468H - Street Use License-Western Pump Distributors, Inc-Water Line, Ave T & Harvard St - 03_14_1968RESOLUTION
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
to Western Pump Distributors, Inc., a corporation, 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..
Passed by the Council this 14th day of March , 1968.
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ATTES
Lavinia Lowe, Cify Secretary -Treasurer
APPROVED:
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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 a Street Use License
to Western Pump Distributors, Inc., a corpora#ion, 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 df this Resolution as if fully copied
herein in detail.
Passed by the Council this i4 # day of MAR .1968.
W. D. HOGERS; JR. ,
ATTEST:
Lavenia Lcfwe, City Se etary Treasurer
APPROVED:
Fred O. Senter, Jr., City Attorney
STREET USE 1C;E17SELf,
THE STATE OF TEXAS #
f
COUNTY OF LUBBOCK
This indenture made this 1i day of MAR 1968, between,
the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called
"City" and WesternPump Distributors, inc., a Corporation, authorized to
do business in the State of Texas, hereinafter called "Grantee".
WrIWESSETH:
Subject to the terms, conditions and provisions herein, the City
of Lubbock, Texas, does hereby grant unto Grantee, its successors and
assigns, the right, privileges and Arizen'sb: a to construct, occupy, and
maintain, below surface level, a private water line under and across North
Avenue T at its intersection with Harvard Street and under and across the
North -south alley between North Avenue T and North Avenue U at the Interetsztion
of such alley with Harvard Street.
1. A drawing of such construction is attached hereto and made a part
hereof and the use granted hereby is limited to that shown on such drawing.
And such water line shdl inUir_ a minimum clearance of 6 inches from the
existing lines of Pioneer Natural Gas Co.
2. The term of this grant shall be for twenty (20) years from the date
of adoption hereof and thereafter for a period runntng from month to month at
the will of the City.
8. Grantee shall pay to the City as a compensation for such grant the
sum of FIVE AND N0/100 ($5. 00) DOLLAR$ per year for the duration of
this liaemkt_ a. with the (trot year payable an execution of this instrument
and a like sum payable on January ist of each suceeding year for the duration of
this ilirzgdt* c.
4. Payment of the annual fee provided above shall be made by Grantee
to City an January lot of each year this Iteenae:se is In effect..Notice of such
Fee being due shall be sent to Grantee by the City and upon failure of Grantee
to pay such fee within 80 days from reeetA of such notice, the City shall consider
such non-payment as a default in this and the City Council shall deter-
mine whether eucts.censer-e shall be considered forfeited and cosy elect to
demand vacation by Grantee,.
S. Prior to any construction as authorized by this !Rae-ci _:: 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 and a permit secured frogs
the City Engineer along with a bond as described in paragraph 8 herein if required.
6. The Grantees agree to pay all costs arising out of the exercise of the
1iceni8b e herein granted, including but not limited to the replacement and repairing
of paving, sidewalks, and utilities of any stature occasioned by the construction
as authorized by this 'Ueenida e. Grantee Shall keep the street, 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 tunes comply with the ordinances of said
City regulating the use of space underneath streets, alleys, and sidewalk$ of said
City.
7. In the event the City determines that the existance 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 Granteets use herein.
S. This jltheji ` is made subject to the condition that should the
Grantees, their successors or assigns, exercise any right under the Lteenst�-u
herein granted and prepare or begin or complete any part of the construction
as herein contemplated, under and across any and all of the above set out property,
then and In that event said Grantees, their successors: rasstgns, will at all
tiaaes 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 <t i this gtaen Ek o or the constructions
or maintenance herein contemplated. and will further replace or repair any
damage and pay in full all loses 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 perform the construction,
repair or maintenance permitted herein, which agreement will Indemnify the
City from and against all clabnso. liability,, cost and expense growing out of the
performance of the work to be dons by such contractor. The City may further
require such contractor to furnish, without expense to City, a reliable surety
bond, in an amount and to the'form satisfactory to said City, guaranteeing the
faithful performance of all the terms, covenants and conditions contained in said
agreement and a certified copy of a policy W pad ;cz btitty and property
damage Insurance within limits specified by, and In a' form satisfactory to,.
said City, . covering the contractual liability assumed by contractor in Laid
agreement with City.
P. At such time as this fltceerise.e should be canceled or revoked for any
reason, after the expiration of the primary term, the improvements that are
permitted under WE 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
improvements and the expense incurred shall be assessed against Grantee for
which Grantee shall be liable.
10. All of the covenants and provisions of this 11ti"n0e a phall be binding
upon and tagre 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 affect as the same are binding upon and inure to 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.
It. 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 reby and agrees to give
peaceful possessions of said property covered herein on rmination or
cancellation of this 1 mnsd ,
CITY O� �J K
A TTE ' I 3Y. [�.�` ra
•W. D. ROGER,, JR. Ay
R
Lavenia Lowe, City Secr terry -Treasurer
form ApprovedAGREED TO AND ACCEPTED this day of , 1968.
LICENSEE: WESTERN PUMP DISTRIBUTORS, INC.
.sty Attorney
checked and Approved BY:
City Enr era.
THE STATE OF TEXAS i
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 to 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 MAYOR for the purposes and
consideration therein expressed, and the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisday
of .1868.
(SEAL)
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK f
BEFORE ME, the undersigned authority. a Notary Public iwand for
said County, Texas, on this day personally appeared
the for UTESTERN PUMP DISTRIBUTORS,
INC., a corporation, known to me to be the person whose name to subscribed to
the foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the WESTERN PUTAP DISTRIBUTORS, INC., a corporation,
for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF {OFFICE this day of
, 1688.
(SEAL)
Notary Public,~ Lubbock County,, Texas
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