HomeMy WebLinkAboutResolution - 3540 - Land Use Permit Agreement - CRTC Inc - Telephone Lines, Lake Alan Henry - 02_14_1991il. Resolution No. 3540
February 14, 1991
Item #12
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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 a Telephone Lines
Land Use Permit Agreement with Cap Rock Telephone Company, 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 Reso-
lution as if fully copied herein in detail.
Passed by the City Council this 14th day of February , 1991.
B. C. FCMI, iMAYOR
i
ATTEST:
ane to Boyd, City SecrettCry
APPROVED AS TO CONTENT:
Ed— uc� y, Rig t gent
APPROVED AS TO FORM:
A.
J. W r h Fullingim, Assistant Ci
Att ey
Resolution No. 3540
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TELEPHONE 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 CAP ROCK TELEPHONE COMPANY,
INC., a Texas corporate public utility company, acting by and
through its under officer hereunto duly authorized, herein called
"PERMITTEE."
KNOW ALL MEN BY THESE PRESENTS:
I.
THAT in consideration of ONE AND N0/100 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, and use underground and overhead telephone lines, trans-
formers, poles, guy wires, and all other related communication
fixtures and equipment in, upon, over, under, along and across the
following described real estate owned and controlled by said CITY,
to -wit:
Across the South 30 feet of Section 104, the Southwest Quarter
of Section 106, and all of Sections 70, 71, 72 and 78, all in
Block 5, H.&G.N. R.R. Co. Survey, Garza County, Texas.
II.
PERMITTEE after construction shall at its cost, restore the
surface to its original condition. PERMITTEE at its own cost and
subject to the supervision and control of CITY shall locate,
construct, and maintain said telephone 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 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 con-
struction, use, maintenance, state of repair or presence of the
telephone lines 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.
THIS PERMIT is given by CITY and accepted by PERMITTEE upon
the express condition that the same is, and at all times shall be
revocable at the will of CITY; and whenever requested so to do by
CITY, PERMITTEE agrees at PERMITTEE'S expense to remove said tele-
phone lines installation from the property of CITY and restore said
property to the same condition in which it was prior to the placing
of said telephone lines installation thereon. In case PERMITTEE
shall fail to restore CITY'S premises as aforesaid within ninety
(90) days, CITY may proceed with such work at the expense of PER-
MITTEE. No termination hereof shall release PERMITTEE from any
M
liability or obligation hereunder, whether of indemnity or other-
wise, resulting from any acts, omissions, or events happening prior
to the date of termination or such later date when the electric
power lines installation may be removed and said premises restored
as hereinabove provided.
V.
THIS AGREEMENT shall be binding upon and inure to the benefit
of the parties and their respective legal representatives, succes-
sors and assigns, but no assignment hereof by PERMITTEE shall be
binding upon CITY without the written consent of CITY in each in-
stance.
VI.
THE TERM of this grant shall be from year to year (without
renewal) not to exceed twenty (20) years unless sooner revoked at
the will of CITY as provided in Sections IV and VII hereof.
VII.
ANY Notice, Request, Instructions or Revocation of this
license 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 300,
Spur, Texas 79370, or 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 pos-
session are intended or implied except those expressly set forth
herein and PERMITTEE waives any and all claims in and to the prop-
erty 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 : C • ��%
B. C. McM NN, MAYOR
Rane to Boyd, City Secr ary
APPR AS TO F RM•
J rth Fu lingim, Assistan
Ck!�e Attorney
ACCEPTED:
CAP ROCK TELEPHONE COMPANY, INC.
BY•
'dtMMY j4HITTFLD'
ENE L MANAGER
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n
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of 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.
G VEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of
1991.
Notary Public in and for
the State of Texas
THE STATE OF TEXAS §
COUNTY OF DICKENS §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared JIMMY
WHITEFIELD, General Manager of Cap Rock Telephone Company, Inc., a
Texas Corporation, known to me to be the person whose name is sub-
scribed to the foregoing instrument and acknowledged to me that he
executed the same as the act and deed of the said Corporation, for
the purposes and consideration therein expressed, and in the capac-
ity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Ffr12� 1991.
Notary Public in an for
the State of Texas sJ;,� : �;-.s r,_,,,_s
r�o4 4n -.> 4 rLse / a'c
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