HomeMy WebLinkAboutResolution - 031077D - Street Use License - David Hester - Water And Gas Pipes, Under N. Boston Ave - 03_10_1977JWF:bsb
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 in favor of David Hester, 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 l0t1day of March 1977
f
ROY BASS, AAYOR
ATTEST:
AWZ'L_'
Treva Phillips, City ecretary-Treasurer
APPROVED AS TO FORM:
Tred:0. Senter, Jr., Cit3�ttorney
^i
CITY OF LUB60CK
M E M O
TO: LEGAL DEPARTMENT DATE:
FEBRUARY 28. 1977
FROM: BILL GRISHAM, ROIL DEPARTMENT
SUBJECT: STREET USE LICENSE #436
1. Request a Street Use License be issued to David Heater. permitting
him to cross underneath N. Boston Avenue with a 60 heavy duty plastic
water pipe and a 11 plastic gas pipe to furnish irrigation water to
the 0. A. Webb farm.
Description of the centerline of 3.00
d
foot wide Street Use License
to cross North Boston
Avenue is as followst
4 1
BEGINNING at a point in
the west Right -of -Way line
of North Boston Avenue,
said point being 515.67 feet
North of the Southeast
corner of Lot 56, La Colonia,
an Addition to the City
of Lubbock, Lubbock County,
�
Texas;;
THENCE East a distance
of 50.00 feet to a point in the
East Right -of -Way line
of North Boston Avenue.
2.
License to be issued for 20
years at $10.00 per year, to be
paid
in
a lump sum of $200.00.
,?.
A,.o 11 � Prn,
4 nr 7
SIGNED
1-2-4
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STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK 4
This indenture made this 17th day of March, 1977 between the CITY OF.
LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and DAVID R. HESTER, herein-
after 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 a portion of dedicated street to construct and maintain a six inch (6")
heavy duty plastic water pipe encased in steel and buried to a depth of not
less than 40 inches below the surface of the street across, and under North
Boston Avenue, at the following location:
Description of the centerline of 3.00 foot wide Street Use
License to cross North Boston Avenue is as follows:
BEGINNING at a point in the West Right -of -Way line of
North Boston Avenue, said point being 515.67 feet North
of the Southeast corner of Lot 56, La Colonia, an Addition
to the. City of Lubbock, Lubbock County, Texas;
THENCE East a distance of 50.00 feet to a point in the
East Right -of -Way line of North Boston Avenue.
Said pipe is to be used to furnish water to the 0. A..Webb farm.
Licensee shall place such improvements and restore paving, gutter, curbs,
and sidewalks to their original condition (prior to installation) to the satis-
faction of the City Engineer of the City of Lubbock, Texas.
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 1420 Texas Avenue, 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 improve-
ments 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 ex-
pense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove
such improvements 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 N01100 ($200.00) DOLLARS cash in advance con-
temporaneously with the acceptance and execution hereof by LICENSEE.
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 rerouting or realignment of any public
utility, franchised utility, or sanitary or storm sewer line constructed or to
be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to
reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its ex-
pense of such relocating or rerouting over and above the expense which would
have been incurred except for LICENSEE'S use herein.
i
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 exercise 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 mold
the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and
all claims, demand, 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 indemnify 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 construction, 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 satisfactory 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 said agreement with the CITY OF LUBBOCK. The CITY OF
LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expen-
ses or the payment of any such claims or demands 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 liabil-
ity 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 im-
plied 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 cancel-
lation of this license,
CITY OF LUBBOCK
BY �/W ' 5'
ROY BASS, MAYOR
ATTEST:
Treva�t
aw
Phi s, City creatary-Treasurer
AGREED TO AND ACCEPTED this day of , 1977.
LICENSEE:
DAVID R. HESTER
APPROVED AS TO FORM:
Fred 0. Senter, Jr., City Attorney
APPROVED:
Wilford D. Watson, City Engineer