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Home My WebLink AboutResolution - 021077L - Alley_Street Use License-TCBNA-Cables, SWPS Pole In Alley Between 14Th & 13Th - 02_10_1977WF:lb 1112/07� L RESOLUTION E 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 irected to execute for and on behalf of the City of Lubbock an Alley and Stref se License in favor of Texas Commerce Bank National Association, attache erewith which shall be spread upon the minutes of the Council and as spread Pon the minutes of this Council shall constitute and be a part of this Resolu- ion as if fully copied herein in detail. 'assed by the City Council this loth day of February 1977 AAjW ASS, MAYOR ►TTEST: Secretary -Treasurer AS TO FORM: ALLEY AND STREET USE L-CENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK This indenture made this loth day of February, 1977, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Texas Commerce Bank National Association, a banking institution, acting by and through its duly authorized undersigned agent and attorney for said Bank, Bobby J. Moody, with its principal place of business located in the City of Lubbock, Texas, hereinafter called "LICENSEE". WITNESSETH: . Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use portions of dedicated streets and alleys to construct and maintain two aerial communication cables to be placed upon power line poles of Southwestern Public Service Company meeting clearance requirements of said company for rental space on said poles and requirements of any governmental regulations applicable thereto of whatsoever kind or nature, said cables to be RG B/U MIL-C-171), weight .037 pounds per foot, out- side dimension .242 of an inch, covering of noncontaminating polyethylene, each containing one bare copper cable, tenuation of PF/Foot 20. 5 current of 1 volt pul- sating D. C. in and over the following described portion of dedicated public streets and alleys,. to -wit: Extending from Texas Commerce Bank on the West side of building and attaching to Southwestern Public Service pole approximately in the center of the alley between 14th and 13th Streets on the East side of the alley; THENCE due North across 13th Street and Broadway to approximately the center of the alley between Broadway and Main Street; THENCE West on the South side of the alley to the connection point with Metro Tower Office Building, approximately 3 blocks in length. 1. The terms of this grant shall be from year. to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 1120 14th Street, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. 'In the event LICENSEE fails or refuses to remove such im- provements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND N0/100 ($200.00) DOLLARc cash in advance contemporaneously with the acceptance and execution hereof by L1C'—*N. SEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license 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 license. 4. In the event the CITY- OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed by or to be con- structed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to re- imburse the CITY OF LUBBOCK, or such utility, as the case may be, for its ex- pense of such relocating or're-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exer- cise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times 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 of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require, an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemni fy the CITY OF LUBBOCK 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 OF LUBBOCK may further require such contractor, when engaged in the con- struction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satis- factory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy. of a policy of public liability assumed by contractor in saidagreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSE prior to incurring any costs or expenses or the payment of any such claims or de- mands in order to give LICENSEE a: reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative_ , 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 to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 5. 9. LICENSEE, 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 LICENSEE waives any and all claims in and to' the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. -2- CITY OF LUBBOCK BYROY BASS, MAYOR . �'ETESTc Treva Phillips, Cit Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1977. LICENSEE: TEXAS COMMERCE BANK NATIONAL ASSOCIATION BY Bobby J. Moody, Agent and Attorney for said Bank APPROVED AS TO FORM: Fred O. Senter, Jr. , . , ttorney APPROV D: ;W7ftjfjD. Watson, City Engineer THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared ROY BASS, Mayor, known to me to be the person whose name is 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 in the capacity therein stated. GIOV UNDER MY HAND AND SEAL OF OFFICE this day of ��,2etQ;�ti 1977. Notary Public, Lubbock County, Texas 77, STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Bobby J. Moody, Agent and Attorney for Tex: Commerce Bank National Association, known tome 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 considerhtion therein expressed and in the capacity there in stated as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1977. Notary Public, Lubbock County, Texa