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HomeMy WebLinkAboutResolution - 2004-R0422 - Street And Alley Use License For Aerial Communications Cable - 09_16_2004Resolution No. 2004-RO422 September 16, 2004 Item No. 19 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 and Alley Use License for an aerial communications cable, by and between the City of Lubbock and Trinity Church, Inc., and related documents. Said License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16tb ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales, Senior Attorney/Office Practice gs/ccdocs/Street Use Lic-Trinity Church Inc.res Aug. 25, 2004 Resolution No. 2004 RM22 September 16, 2004 Item No. 19 THE STATE OF TEXAS COUNTY OF LUBBOCK STREET AND ALLEY USE LICENSE KNOW ALL MEN BY THESE PRESENTS: This License made this 16th day of September , 2004, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TRINITY CHURCH, INC., hereinafter called `LICENSEE." WTTNESSETH: 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 streets and alleys for an aerial communications cable along an area described as follows: BEGINNING at a point in the West right-of-way of Canton Avenue and is 40.00 feet North of the Easternmost Southeast comer of Tract E, Caprock Addition to the City of Lubbock, Lubbock County, Texas; THENCE North along the West right-of-way of Canton Avenue to a point 20.00 feet South of the Southeast comer of Lot 1310, said Caprock Addition and the south side of a 20.00 foot alley; THENCE East across Canton Avenue to the Northwest comer of Lot 1180 of said Caprock Addition and the south side of an East-West alley; THENCE East along the South side of the East-West alley between Canton Avenue and University Avenue to a point in the West right-of-way of University Avenue; THENCE North along the West right-of-way line of University Avenue past 69`h Street to a point 10.00 feet north of the Eastemmost Southeast comer of Lot 1132, said Caprock Addition; THENCE East across University Avenue to the East right-of-way line of University Avenue and the West line of Tract A, South University Addition to the City of Lubbock, Lubbock County, Texas. The term of this License shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, 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 7002 Canton Avenue, Lubbock, Texas, 79413, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this 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 improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take 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. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of SIX HUNDRED FOUR AND 59/100 DOLLARS ($604.59) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this License, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by 'the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year tern shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance, or other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the License. 3. In the event the CITY OF LUBBOCK determines that the License herein granted 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 expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This License is made subject to the condition that should the LICENSEE exercise any right under this License and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, said LICENSEE, its successors and assigns, will at all time 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 and 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 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 contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to funish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a 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 insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. 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. 7. All of the covenants and provisions of this License shall be binding upon and inure 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 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 or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). STREET USE LICENSE TRINITY CHURCH, INC. 8. 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. No interest for real property is conveyed or granted by this License. By: ATTEST: Reb&ca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A#nt APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice AGREED TO AND ACCEPTED this day of G&ae.'6x , 2004. TRINITY CHURCH, INC. By: Title: d�ss� r. /Verwu..if . �. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Marc McDoagal, Mayor of the City of Lubbock, known to me 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 consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,1(o day of2004. CELIA WEBS "MY" Notary Pu 'c in and for the State of Texas MY Commission Expires: C 3 - D l - .1-60 STREET USE LICENSE TRINITY CHURCH, INC. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared known to me 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 consideration therein expressed and as an act and deed of said Trinity Church, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of2004. .2G'4''f b" /W zll-� Notary Publ� and for the State of Texas DAVY M. BOOHER /.z Notary Public, State of Tetra My Commission Expires: My CommissW EVires 12-16-2006 gs/Cityatt/Georgia/Licenses/Street&Alley Use Lic-Trinity Church Inc Aug. 25, 2004 day STREET USE LICENSE TRINITY CHURCH, INC. Resolution No. 2004-RO422 September 16, 2004 Item No. 19 THE STATE OF TEXAS COUNTY OF LUBBOCK STREET AND ALLEY USE LICENSE KNOW ALL MEN BY THESE PRESENTS: This License made this 16th day of September , 2004, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TRINITY CHURCH, INC., 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 a portion of dedicated streets and alleys for an aerial communications cable along an area described as follows: BEGINNING at a point in the West right-of-way of Canton Avenue and is 40.00 feet North of the Easternmost Southeast corner of Tract E, Caprock Addition to the City of Lubbock, Lubbock County, Texas; THENCE North along the West right-of-way of Canton Avenue to a point 20.00 feet South of the Southeast corner of Lot 1310, said Caprock Addition and the south side of a 20.00 foot alley; THENCE East across Canton Avenue to the Northwest corner of Lot 1180 of said Caprock Addition and the south side of an East-West alley; THENCE East along the South side of the East-West alley between Canton Avenue and University Avenue to a point in the West right-of-way of University Avenue; THENCE North along the West right-of-way line of University Avenue past 69`h Street to a point 10.00 feet north of the Easternmost Southeast corner of Lot 1132, said Caprock Addition; THENCE East across University Avenue to the East right-of-way line of University Avenue and the West line of Tract A, South University Addition to the City of Lubbock, Lubbock County, Texas. The term of this License shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, 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 of 7002 Canton Avenue, Lubbock, Texas, 79413, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this 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 improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take 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. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of SIX HUNDRED FOUR AND 59/100 DOLLARS ($604.59) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this License, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year tern shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance, or other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the License. 3. In the event the CITY OF LUBBOCK determines that the License herein granted 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 expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This License is made subject to the condition that should the LICENSEE exercise any right under this License and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, said LICENSEE, its successors and assigns, will at all time 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 and 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 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 contractors. The CITY OF LUBBOCK may further require any of said contractors, 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 a 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 insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to famish 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. 7. All of the covenants and provisions of this License shall be binding upon and inure 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 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 or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). STREET USE LICENSE TRINITY CHURCH, INC. 8. 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. No interest for real property is conveyed or granted by this License. CITY O L BOCK By: C M O GAL, MAYOR ATTEST: Re cca Garza, City Secretary APPPRCROVED AS TO CONTENT: Ed Bucy, Right -of -Way Ag6nt APPROVED AS TO FORM: �._-�✓�- cam' �� , , �Z--�.,,,�'` Linda Chamales Supervising Attorney/Office Practice AGREED TO AND ACCEPTED this —2G 114 day of 1�r , 2004. TRINITY CHURCH, INC. By: Title: THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Marc McDougal, Mayor of the City of Lubbock, known to me 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 consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / & � day ofT, 2004. mmuam0000®om�mo n!� �� CELIA WEBS Not Pllu is in and for the State of Texas Nofsly PutAie, SIaEs�of�TOM Notary 1(01 •-_ - oc�Ot'2008 My Commission Expires: C3 — 0 l - �.60 le STREET USE LICENSE TRINITY CHURCH, INC. THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared /,!" known to me 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 consideration therein expressed and as an act and deed of said Trinity Church, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -Z 6 day of aewlzz , 2004. Notary Publi in and for the State of Texas =Pubk, R M Commission Expires: 1-2 Tetras Y xPpires gs/Cityatt/Georgia/Licenses/Street&Alley Use Lic-Trinity Church Inc Aug. 25, 2004 STREET USE LICENSE TRINITY CHURCH, INC. Larry Hertel, City Engineer Agenda Items and Comments - City Council Meeting for September 16, 2004 Page 2 FISCAL IMPACT: None SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of the second reading of this ordinance. CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT: # Consider a resolution authorizing the Mayor to execute a street and alley use license with Trinity Church, Inc. for the use of several streets and one alley for an overhead communications cable (71st Street and Canton Avenue to 69th Street and University Avenue). BACKGROUND/DISCUSSION: Trinity Church is located at the northwest corner of Canton Avenue and South Loop 289 and has requested this street and alley use license. They have an additional facility east of 69th Street and University Avenue and desire to run an aerial communications cable from the main church building to their University Avenue facility. The cable will start out at 71st Street and Canton Avenue, run north to the east -west alley south of 69th Street, turn east to University Avenue along the south side of the alley, then northward to 69th Street, and then east across University Avenue. The total length of this route they have chosen is 2,149.67 feet. The Right -of -Way Department has valued this license at $00.75 per linear foot from adjacent land values in this neighborhood. Using the street use license formula for aerial encroachments, a value is determined of: 2,149.67 feet X $00.75 = $1,612.25 X 75% X 10% = $120.92 per year. This license will be for twenty years, payable every five years in advance or $604.59 for each five-year period.