HomeMy WebLinkAboutResolution - 3539 - Land Use Permit Agreement - MEC Inc - Power Lines, Lake Alan Henry - 02_14_1991Resolution No. 3539
February 14, 1991
Item #11
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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 Electrical
Power Lines Land Use Permit Agreement with Midwest Electric Cooperative,
Inc., 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 14th day of February , 1991.
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WIN. „ .,.., E. ��
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APPROVED AS TO CONTENT:
ET Bucy, ig t - ay Agent
APPROV D AS 30 FORM:
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U-.--Wr-fh Wlihgim, Assistant Ci
Att r y
Resolution No. 3539
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ELECTRICAL POWER LINES LAND USE PERMIT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GARZA
THIS AGREEMENT entered into as of the 14th day of
February , 1991, by and between the CITY OF LUBBOCK,
a Texas Home Rule Municipality, herein called "CITY", acting
through its MAYOR hereunto duly authorized, and MIDWEST ELECTRIC
COOPERATIVE, INC., a Texas Cooperative corporate public utility
company, acting by and through its undersigned officer hereunto
duly authorized, herein called "PERMITTEE", as follows:
KNOW ALL MEN BY THESE PRESENTS:
I.
THAT in consideration of ONE AND NO/100 DOLLARS ($1.00) and
other good and valuable consideration and the mutual agreements
to be kept and performed by the undersigned parties, the CITY
does hereby grant unto PERMITTEE a permit to lay, construct,
repair, maintain, or remove, and use underground and overhead
electrical power lines, poles, guy wires, transformers, and all
other related electrical power lines, fixtures, sub stations and
equipment in, upon, over, under, along, and across the following
described real estate owned and controlled by said CITY, to -wit:
Across Sections 70, 71, 72, and 78, and the Southwest
quarter of Section 106, Block 5, H. & G.N. R.R. Co. Survey,
Garza County, Texas
II.
PERMITTEE, at its own cost, and subject to the Agreement of
the CITY, shall locate, construct, and maintain said electrical
power 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
the property hereinabove described and the surrounding and
adjacent property of the CITY as regards any lawful municipal
use.
PERMITTEE agrees that at all times it will indemnify and
save harmless the CITY against all claims, demands, actions or
causes of action, 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 electrical power lines installation.
IV.
THIS PERMIT is given by the CITY and accepted by PERMITTEE
upon the express condition that the same shall be revocable in
the event that PERMITTEE shall cease providing the electrical
service which is the basis for execution of this Agreement.
V.
A
VI.
THE TERM of this Permit shall be for ten (10) years with the
PERMITTEE having the option of renewing this permit for an
additional ten (10) years by giving written notice to the City
Manager of the City of Lubbock by certified United States Mail,
addressed to the City Manager at P. O. Box 2000, Lubbock, Texas
79457, of the intention of PERMITTEE to exercise such renewal
option for an additional ten (10) years and such written notice
to be given at least sixty (60) days before the expiration of the
first ten (10) year term of this permit.
VII.
ANY Notice under this permit to be given by CITY to
PERMITTEE hereunder shall be deemed to be properly served if
delivered to PERMITTEE, or if deposited in the Post Office, post-
paid, addressed to PERMITTEE at P. O. Box 518, Roby, Texas 79543,
or to the last known address of PERMITTEE.
VIII.
PERMITTEE, 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 PERMITTEE waives any and all claims in and to
the property it is permitted to use hereby and agrees to give
peaceful possession of said property covered herein upon
termination or cancellation of this permit.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument, in duplicate, the day and year first above written.
CITY OF LUBBOCK
BY:
B. C. MCMINN, MAYOR
.4a,
T:
-Ite Boyd, City Sc t ry
APPROVED AS TO FORM: r APPROVED AS TO CONTENT:
.�
J. Wo lingim, Assistant Ed Bucy, Righ -of-Way Agent
City AAorney
ACCEPTED:
MIDWf ELECTRI AL COOPERATIVE, INC.
BY:
•ITS:
(Office or Tittle)
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for Lubbock County, Texas, on this day personally appeared B. C.
McMINN, 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. ok
,GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1991.
Notary Public, Lubbock County, Texas
- My Commission Expires:
[Sell]
THE STATE OF TEXAS §
COUNTY OF FISHER §
BEFORE ME, the undersigned authority, a Notary Public in and
for sa rCsou y, Texas, on this day personally appeared
21.t1Ga� r , [Q-1A--- , known to me to be the
person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed, and in the capacity therein
stated as the act and deed of said Corporation.
IVEN UND R MY HAND AND SEAL OF OFFICE this -= day of
1991.
Nota Public, Fisher County, Texas
My Commission Expires:
[seal]
xl,�J.T. PALMER
n t��tery Pu�E�c, &l:te et tsx��
a y �k.1 Cmij,rtS»,In Ex, i-31-93