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Home My WebLink AboutResolution - 092575A - Land Use Permit - Southwestern Bell Telephone Co - Section 28 Block A - 09_25_19751 JWF/dw 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 Underground Telephone Line or Lines Land Use Permit with SOUTHWESTERN BELL TELEPHONE COMPANY, a public utility 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 City Council this 25 day of September 1975. SS• ROY BASS, MAYOR ATTEST: r Treva Phillips, Cit ecretary-Treasurer APPROVED AS TO FORM: RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 thru 75, South Acres Addition. WHEREAS, the developer of Lots 1 thru 75, South Acres Addition has complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer i* rovements for said addition in accord- ance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $33,864.52 with the improvements constructed by Holloway Contracting Company having a valud of $29,352,59 as determined by the unit prices established by said Chapter 34, and $4511.93 cash (engineering, wet tie-ins, paving repair, difference in Pro Rats. and actual cost) paid to the City, with Royce C. Lewis and Ben B. Huchen- son, the developer, to receive a refund of $647.75 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specif- ications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refunable cost in the amount of $647.75 be made in accordance with said Chapter 34. 3.. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25th DAY OF September, 1975. Attested: ,7�wet/ 6�' Treva Phillips, CI& Secretary Approved: Hilford D. Watson, City Engineer Approved: Fred 0. Senter, Jr., City Attorney e�.1 , _••itw ell UNDERGROUND TELEPHONE LINES LAND USE PERMIT AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT entered into as of the 25 day of September , 1975, by and. between the CITY OF LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", acting through its MAYOR hereunto duly authorized and SOUTHWESTERN BELL TELEPHONE COMPANY, a corporate public utility company, acting by and through its undersigned officers hereunto duly authorized, herein called "PERMITTEE", as follows: KNOW ALL MEN BY THESE PRESENTS: L THAT inconsideration of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration and the mutual agreements to be kept and per- formed by the undersigned parties, the CITY does hereby grant unto PER MITTEE a. permit to lay, construct, repair, maintain, and use an underground . 0. telephone line or lines in, upon, under, along, and across the following des- -ciribed real estate owned and controlled by said CITY, to -wit: A tract of land out of Section 28, Block A, Lubbock County, Texas, being more particularly described VIA as follows: BEGINNING at a stake set in the East ROW line of Interstate 27, that bears South 2550.19 feet and East 120.00 feet from the NW corner of Section 28, for a SW corner of -this Easement; y THENCE North 51 21' 35" East, along the East ROW - line of said Interstate 27, a distance of 181. 23 feet to a point; : THENCE North 2 ° 53' 45" West a distance of 300. 37 feet to a. point; THENCE North 6 ° 32' 55" West a distance of 627.05 feet to a point;. THENCE North, continuing along the East ROW line of said Interstate 27, a distance of 991.35 feet to a stake set for the NW corner of this Easement; THENCE East 10.00 feet to a stake set for the NE corner of this Easement; THENCE South 10. 00 feet from and parallel to the East ROW line of said Interstate 27 a distance of 991. 35 feet to a point; THENCE South 6 ° 32' 55" •East,a distance of 627.05 feet to a point; THENCE South 21 53' 45" East a distance of 300. 37 feet to a point; THENCE South 5 ° 21' 35" West a distance of 181.23 feet to a stake set for the SE corner of this Easement; THENCE West 10.00 feet to the PLACE OF BEGINNING. SAID telephone line or lines shall be buried at least 36 inches below the surface of the ground and/or paved surface under which it lies, and is . for the service of the Lubbock Municipal Airport. Ii. PERMITTEE after construction, shall, at its cost, restore the surface to its original condition. PERMITTEE at its own cost and sub- ject to the supervision and control of the CITY shall locate, construct, and maintain said telephone line or lines in such a manner that it will :not at any time be a source of danger to or interfere with access. to or operation of said Municipal Airport and/or any Municipal facilities and the ;safety thereof, and PERMITTEE agrees that at any time CITY builds any mprovements and/or facilities which necessitates removal.or relocation `of PERMITTEE'S telephone line or lines, that PERMITTEE will forthwith ^;accomplish such relocation or removal as requested by CITY at the cost and expense of PERMITTEE, and thereafter maintain its telephone line or -lines as designated by the CITY. PERMITTEE agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of Faction, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance,' state of repair or presence of the telephone line or dines installation and to pay the CITY the full amount of any loss or damage . 'which it may sustain, incur or become liable for on account thereof. IV. J. THIS PERMIT is given by the CITY and accepted by PERMITTEE upon the express condition that the same is, and at aU times shall be revocable at the will of the CITY; and whenever requested so to do by the "a`CITY, PERMITTEE agrees at PERMITTEE'.S expense to remove'said telephone line or lines installation from the property of the CITY and restore said property to the same condition in which it was prior to the - placing of said telephone line or lines installation thereon. In case PERMITTEE shall fail to restore the CITY'S premises as aforesaid within. thirty (30) days, CITY may proceed with such work at the expense of PERMITTEE. No. termination hereof shall release PERMITTEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the telephone line or lines install- ation may be removed and said premises restored as hereinabove pro- vided. V. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns, but no assignment hereof by PERMITTEE shall be binding upon the CITY without the written consent of the CITY in each instance. &a VI. THE Term of this grant shall be from year to year (without renewal) not to exceed twenty years unless sooner revoked at the will of CITY as provided in Sections IV and VII hereof. VII. Secretary THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority. a.Notary Public in and for County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me -3- that he executed the same as the act and deed of SOUTHWESTERN BELL TELEPHONE COMPANY, and as its President, for the purposes