HomeMy WebLinkAboutResolution - 4006 - Amendment To Street Use License - Methodist Hospital - 3015 19Th Street - 10_22_1992Resolution No. 4006
October 22, 1992
Item #34
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 "Amendments
to Street Use License" Agreement to be entered into by and between the City
of Lubbock and Methodist Hospital of Lubbock, Texas, 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 Resolu-
tion as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
Is -
City Secretary (Acting)
Sally Still Abbe
APPROVED AS TO CONTENT:
ucy, Klght-ot-WaY Agent
APPROVED AS TO FORM:
.\Iforth Fullingim, Assistant CMy
At rney
JNP:ja/METHOD52.RES
D2-A6anda/October 7. 1992
Resolution No. 4006
October 22, 1992
Item #34
AMENDMENTS TO STREET USE LICENSE
THE STATE OF TEXAS 4
COUNTY OF LUBBOCK g
WHEREAS, the CITY OF LUBBOCK, a Home Rule Municipal
Corporation, and METHODIST HOSPITAL, Lubbock County, Texas, as
Licensee, entered into a "Street Use License" Agreement dated
May 24, 1990, covering three (3) portions of dedicated streets
and designated as described in said Agreement as "Tract 1,"
"Tract 2," and "Tract 3," reference to which Agreement is made
for all pertinent purposes; and
WHEREAS, the Health Department of the State of Texas has
requested that Methodist Hospital obtain a longer period of
notice of cancellation by the City of Lubbock to Methodist
Hospital in case said City desires to cancel said Street Use
License, and said Health Department of the State of Texas also
desires that the City of Lubbock should more particularize the
access rights in said streets so Methodist Hospital is granted
immediate access to said street areas hereinabove referred to
for repair and maintenance of their facilities; and
WHEREAS, the City Council of the City of Lubbock hereby
determines that it would be to the interest of the public
health of the citizens of the City of Lubbock to grant said
requests by amendments to said Street Use License as
hereinafter set forth; NOW THEREFORE:
In consideration of the premises and for the good of the
public health of the citizens of the City of Lubbock, the City
of Lubbock and Methodist Hospital do hereby amend said Street
Use License as follows:
(1) The last paragraph on page 2 of said Street Use
License which reads as follows:
"The term of this grant shall 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 part 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 notice to Licensee. Said
notice shall be deemed properly served if
deposited in the post office, postage paid,
addressed to Licensee at Methodist Hospital,
3615 19th Street, Lubbock, Texas 79410, or the
last known address of Licensee."
BE and the same is hereby amended to read hereafter as follows:
"The term of this grant 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 one (1) yearl's notice to
Licensee. Said notice shall be deemed properly
served if deposited in the post office, postage
paid, addressed to Licensee at Methodist
Hospital, 3615 19th Street, Lubbock, Texas,
79410, or the last known address of Licensee."
(2) Numbered paragraph 2 on page 3 of said Street
Use License which reads as follows:
112. 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 occa-
sioned by the construction as authorized by
this license."
BE and the same is hereby amended to read hereafter as follows:
112. 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. Licensee is
granted the right of immediate access to
the street areas herein described for
repair and maintenance to their facilities
located in said street areas to the end
that Methodist Hospital can carry out their
health care giving activities for the
betterment of the public health of the
citizens of the City of Lubbock."
Except as hereinabove amended, said Street Use License
tent shall remain in all other respects the same.
day of October In , 1992.
BY:
Title or Posit
ATTEST:
-Sally Still( -Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Rightuof-Way Agent
APPRO ` AS TO FORM
J. o th Fullingim, Assistan
Cit Attorney
AMENDMENTS TO STREET USE LICENSE
METHODIST HOSPITAL -- PAGE 2
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
DAVID R. LANGSTON, 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 herein stated.
MY HAND AND SEAL OF OFFICE this 07010— day
DER
of , 1992.
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01411 A R. SOLfS' ..
NOIP.Rt P05i1c. Slate of Texas
•:, �'� NOV6VITER 30, 199 , ,
l.T lti.: �y,/lll:.l�P/Y_iOrlll
COUNTY OF LUBBOCK
4 X6 4/1,
Notary Public in and for
the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in
and for said County, Texas, on this day personally appeared
William D. Poteet, III , 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 herein
stated as the act and deed of said METHODIST HOSPITAL.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Frh day
of November , 1992.
Notary Public in and for
the State of Texas
c Commission Expires 2/27/93
JWF!Jgl,14ETEODST.D6C
D6-Deeds,iasements/October 7, 1992
AMENDMENTS TO STREET USE LICENSE
METHODIST HOSPITAL -- PAGE 3