HomeMy WebLinkAboutResolution - 052059B - License For Use Of Public Way - Lubbock Transit Corporation - Original Town Add - 05_20_1959 r- ... JWFwc
.( 1 RESOLUTION
WHEREAS, the City Commission finds it expedient and in the public ititerest
to grant Lubbock Transit Corporation, a license for use of public way for 'an under-
ground storage tank; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. The Mayor is hereby",:� authorized and directed to execute for and
on behalf of the City of Lubbock a license for the. use of a public way to Lubbock
Transit Corporation, a Texas Corporation, to construct and maintain an under-
ground storage tank to be constructed 30 inches below ground level at the following
location:
On the ;South Side of 6th Street adjacent to Lot 20, Block
39, Original Town, City of Lubbock�_� .Lubbock County,
Texas, being more particularly described as follows:
BEGINNING at a point in the.North line of Lot Z0, Block
39, Original Town Addition, City of Lubbock,Lubbock
County, Texas, said point being 53 feet West of the North-
east corner of said Lot 20;
THENCE West a distance of 30 feet,-
THENCE North a distance of 8 feet;
THENCE East a distance of 30 feet;
THENCE South a distance of 8 feet to the POINT OF
BEGINNING.
SECTION 2. The City Secretary shall attest the signature of the Mayor to
said License and shall affix the .seal of the City of Lubbock thereto.
Passed"'by the City Commission this 20th day of May 19 59 ,
fi IS, FKFXT, ayor
AT T ES
ve Lowe, City secretary-Treasurer
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CITY OF LUBBOCK h,
hmmORmDum.Inter office
TO: John Hi c ke r s o n, City Engineer Date May z1, 1959
k",
FROM: J. Worth Fullingim, Assistant City Attorney
1m
SUBJECT: STREET USE LICENSE
Please find attached hereto, a License for Use of Public Way for LUBBOCK
TRANSIT COMPANY, as requested by your memo dated -May 21, 1959. Attached also,
Please find, a Resolution authorizing thej
to acute aid Lice se.
tant. City Attorney
JWF:wc
Attached
LICENSE FOR USE OF PUBLIC WAY Form No.. L-5
rHE STATE OF TEXAS w
BOUNTY"OF LUBBOCK '
This License made the 20thday of. May 1.9,' 59 , between the City of Lubbock, a Home
�u ,e�Municipa►lity, herein called . "CITY". and :LdbU6ek Traxiolt
Go*9zWAn^ Texas .corporationi,
aerein called "LICENSEE".
WITNES-SETH
THAT the parties hereto, for the consideration hereinafter expressed, covenant and agree
is follows:
(1) In consideration of the surn of ONE AND N0110 ( 1. 0) DOLLARS.
Sayable as follows. contempora,,neously with the gru,04 and acceptancm of o UCOna
;ity :hereby grants LICENSEE-a License- for the "following purpose:"* trajz#o and th .
an g 00 Uo y. dq:r rpugd p r ez ,to, h oed 30 rhea WAW'St ound
Lt the f6llowing deisighatbd"location• zi �:' .. e dad o
�rir T Lb � . '7a ng xc�u� Cur oa a
a gnu at Gn N th r Lot ►�, it " Lub
,a�bb i X'. . + `fir $"d L t ;
' z Wei ce d a r ,v 0 ftetl. T ni '. 1 T cis East a d �+t% of
O moat Thence 4 .A to o of 8 t�'Ot to the point of beg rhg.
(2) This License is made subject to the condition that LICENSEE, and the heirs, successors,
end assigns of LICENSEE will at .all times defend, indemnify and Otherwise hold the City of
,.,ubbock, its agents, .servants and employees harmless of and from any and all claims, demands,
actions, causIts of action, suits at law and in equity and costs of whatsoever kind or natu to which
nay grow out of or relate to the making of this License or the exercise by LICENSEE of any.
)rivilege s granted by this-License.
(3) LICENSEE ahall ,at sill times exercise the privileges granted by this License in such a
nanner as will not interfere with the public use of the public way at the location hereinabove
Lescribed acid so as nqt to create any dangerous or' hazardou.s conditioni:"thereon, and subject to
he supervision of the City Engineer, LICENSEE shall erect such barricades, warning signs, and
other safety devisee' as rtiay be required by said City Engineer at no expense to CITY.
(4) CITY at iti. electioh may cancel and revoke this License, with or without cause, upon
hirty (30) days riotide to LICENSEE. Said notice shall be deemed properly served if
[eposited ia the lbbst Offb;e, postpaid, addressed to LICENSEE at 602 Toms Avenue�,:�.
^bbock, TgxA s
(5) This License .and,privilege shall not be transferable ini whole 'or in, part, and shall not
ri�,u,re to the benefit of any other person, firm, corporation, or organization.other than
LICENSEE except upon express written consent of CITY.
(6) Upon termination of this License, by revocation and/or cancellation by CITY, by mutual
onsent of the parties hereto or otherwise, LICENSEE shall remove, at no cost to CITY, any
r all improvements and appurtenances thereto, if any, made or placed pursuant to this
,icense, if such removal is requested by the CITY.
(7.) LICENSEE'aeeepts the terms, covenants, and conditions, of this 'License.a.nd ".a.grees to be
onwi thereby. . ,Izx the event two or.more parties oxeeute this inatm.urnent as LICENSEE, all cove®
wa
ants arced agreements'of this.License shall be joint and s.eve,r.al co4yenants and agreements of suc
Artie s.
Q8) All covenants .and provisions of this instrument shall be binding upon and inure to the
enefit of the successors, legal representatives and assigns of the parties to the same extent and
ffect as same are binding upon and inure to th"e benefit of-the partiep hereto, but no assignment
ereof by LICENSEE, its successors, legal representatives or assigns, or any subsequent assia
nee, shall be binding upon CITY without the written consent of CITY in each instance.
CITY OF LUBBOCK
,TTEST: BY
Mayor
LICENSEE .Lu bbock Transit,Q2=g ion
:ity_ ecretary-Treasurer B)a
Attest:
(SEAL)