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HomeMy WebLinkAboutOrdinance - 1142-1951 - Grants Southwestern Bell Right To Build Over Public Alley. - 09/18/19510.9-tS-l.9SI ORDINANCE NO. 1142 08-.22> _,.95\ AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, GRANTS THE SOUTHWESTERN BELL TELEPHONE COMPANY, A CORPORA';fiON, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD OVER THE PUBLIC ALLE.Y EXTENDING EAST AND WEST THROUGH BLOCK 115, OF THE ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TExAS, AND TO JOIN THE UPPER STORIES OF THE BUILDINGS NOW ON OR HEREAFTER ERECTED ON THE PROPERTY THAT THE SOUTHWESTERN BELL TELE- PHONE COMPANY OWNS ON EACH SIDE OF SAID PUBLIC ALLEY, AND ALSO GRANTING THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN · CONDUITS, WIRES, CABLES, PIPES AND OTHER EQUIPMENT IN AND UNDER SAID ALLEY AND BETWEEN THE UPPER FLOORS OF ITS BUILD- INGS NOW OR TO BE HEREAFTER ERECTED! AND PROVIDING CONDITIONS OF THIS GRANT. WHEREAS, there extends East and West an alley through Block 115 of the original town of Lubbock, Texas, and the Southwestern Bell Telephone Company has a building used in connection with its telephone service on Lots Eleven (11), Twelve (12} and Thirteen (13), in Block 115, and now owns Lots Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20), in said Block 115, and proposes to erect a telephone building thereon; and Lots Eleven {11), Twelve (12) and Thirteen (13) are .South of said alley, and Lots Sixteen (16) to and including Twenty (20) are North of said alley; and WHEREAS, it is deemed necessary by the Southwestern Bell: -Telephone Company in order to furnish the City of Lubbock telephone service to erect a new building o~ Lots Sixteen (16) to and including Twenty (20), and to connect said building with the building now erected and to be erected on Lots Eleven (11) to and including Thirteen (13 ); and WHEREAS, it will be necessary to locate, operate and maintain in and under said alley underground conduits, wires, pipes, and other equipment connecting the buildings, as well as to connect the buildings and equipment over said alley, THEREFORE,. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Southwestern Bell Telephone Company, its successors and assigns, are hereby authorized and granted the right to build over the public alley extending East and West through Block 115 of the original town of Lubbock, and to join and connect the upper stories of the buildings now erected or to be erected on Lots Eleven (ll) to and including Thirteen (13) and on Lots Sixteen {16) to and including Twenty (ZO), in Block 115 of the original town of Lubbock, Texas. There shall be a clearance over said alley of fourteen feet (14') above the surface thereof and the connection between the upper stories of said buildings and said connection of said buildings shall be not more than ten feet (10') in width. Said telephone company is granted the right to place and maintain and operate over said alley and between the upper stories of said buildings such wires, conduits, pipes and other equipment deemed necessary in the maintenance and operation of said telephone buildings ' c c ... . ~ . 1 and telephone service. And it is granted the right to locate, .operate and maintain wires, cables, conduits, pipes and other equipment in and under said alley and between said buildings. This grant is made subject to the conditi ons that should the Southwestern Bell Tele,Phone Company, its successtus and assigns accept this grant or exercise any rights p.nder the grant here made, and prepare or begin or com- plete that part of the structure herein contemplated to be placed above the alley surface, that said telephone com·pany will at all times defend and other- wise hold the City of Lubbock, its agents, servants and employees, harmless from any and all claims, demands, damages, actions, causes of action, suits at law or in equity, of whatsoever kind or nature which may grow out of 0r be related to the making of this grant, or the construction, erection or maintenance of the structure and appurtenances herein contemplated. AND IT IS SO ORDERED. On motion of Commissioner Davis , seconded by Commis----------------~-- sioner Morris , the foregoing Ordinance was passed on first --------------------- reading by the City Commission on this the lSth day of September 1951, by t h e following vote: Commissioners voting 11Yea'': Morris, Hufstedler, Davis, Thomas and Mayor l\'hiteside Commissioners voting 11Nay11 : None On motion of Commissioner Hufstedler , seconded by Commis------~~~------- sioner __ T_h_o_ma_s ___ ..;.. _____ , the foregoing Ordinance was p assed on second reading by the City Commission on this the 28th day of September 1951, by the following vote: Commissioners voting ''Yea11 : Hufstedler, Davis, Thomas and Mayor Whiteside C orn:m.issi<>ners voting "Nay": None A T T EST: ' --~c~---- vEW !sv 0 .. .... -< .. . TO: FROM: CITY OF LUBBOCK MEMORANDUM, Inter Office City Manager, and The City Commission VEW, Legal Department Date: September 11, 1951 SUBJECT: Southwestern Bell Telephone Company, Structure Connecting Buildings over Alley in Block 115, Original Town. AGENDA Attached is Ordinance, which is a grant to the telephone company to use a space not exceeding ten feet in width, the bottom of which shall be at least fourteen feet above the alley, for the purpose of connecting the existing telephone building on the South side of the alley with a building proposed to be constructed by the telephone company on the North side of the alley. This ordinance is substantially the same in form and sub- stance as that submitted by the telephone company for passage EXCEPT that the grant is made subject to the condition that the telephone company at all times defend and hold the City harmless from any claims, damages, etc. which may be related to or grow out of erection of this structure over the alley. The entire file, including a letter from Mr. Ross to the Fire Insurance Commissioners, the reply, the ordinance as originally submitted, a plat made by the City Engineer, and the drawing by Thomas, Jameson & Merrill, Architects, showing the location of the proposed bridge or passageway, are attached. ·~.~~ City Attorney VEW:sv cc: Mr. Oldham TO: FROM: CITY OF LUBBOCK MEMORANDUM, Inter Office City Manaaer. and The City Commission VEW. Leaal Department Date: September 11. 1951 SUBJECT: Southwestern Bell Telephone Company, Structure Connecting Buildinas over Alley in Block llS, Oriainal Town. AGENDA Attached is Ordinance, which is a srant. to the telephone company to use a spacenot e.x.ceedina ten feet in width. the bottom of which shall be at least fourteen feet above the alley, for the purpose of connectins the existina telephone building on the South side of the alley with a build.ia& proposed to be constructed. by the telephone company on the North side of the alley. This ordinance ia substantially the same in form and sub- stance as that submitted by the telephone company for passaae EXCEPT that the grant is made subject to the condition that the telephone company at all times defend and bold the City harmless from any claims. damaaes. etc.· which may be related to or grow out of erection of this structure over the alley. The entire file. including a letter from Mr. ~oss to the Fire Insurance Commissioners. the reply. the ordinance • oristnally submitted. a plat made by the City Enaineer. and the drawins by Thomas. Jameson • Merrillt Architects. showing the location of the proposed bri<lse or passaaeway, are attach eo.-~- VAUGJIN E •. WILSON City Attorney VEW:sv ~ Oldham cc: Mr. ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, GRANTS THE SOUTHWESTERN BELL TELEPHONE COMPANY,·A COR- PORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD OVER THE PUBLIC ALLEY EXTENDING EAST AND WEST .THROUGH BLOCK 115, OF THE ORIGINAL TOWN OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND TO JOIN THE UPPER STORIES OF THE BUILDINGS NOW ON OR HEHEAFTER ERECTED ON THE PROPERTY THA.T THE SOUTHWESTERN BELL TELEPHONE COMPANY OWNS ON EACH SIDE OF SAID PUBLIC ALLEY, AND ALSO GRANT-ING THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN CONDUITS, WIRES, CABLES, PIPES AND OTHER EQUIPMENT IN AND UNDER SAID ALLEY AND BETWEEN THE uPPER FLOORS OF ITS BUILDINGS NOW OR TO BE HEREAFTER ERECTEDj ~\I WHEREAS, there extends East and West an alley thr.ough Block 115 of the orig1al town of Lubbock, Texas, and the Southwestern Bell Telephone Company has a building used in connection with its telephone service on Lots 11, 12 and 13, in Block 116, and now owns Lots 16, 17, 18, 19 and 20, in said Block 115, and proposes to erect a tele- phone building thereon, and Lots 11, 12 and 13 are South of said alley, and Lot 16 to and including 20 are North of said alley; and WHEREAS it is deemed necessary by the Southwestern Bell Teleph~ne Company in order to furnish the City of Lubbock telephone service to erect a new building on Lots 16 to and including 20, and to connect said building with the building now erected and to be erected on Lots 11 to and including 13; and WHEREAS, it will be necessary to locate, operate and maintain in and under said alley underground condu1 ts, wires, pipes, and other equipment connecting the buildings, as well as to connect the buildings and equipment over said alley, "'l" (\ · J, I ~ (A ( )"'/ ~W, THEREFOR~ BE IT ORDAINED BY THE CITY 'OF LUBBOCK, ·~unty ; ~exa&,~hat the Southwestern ~ell Telephone ... -----·-"+-... a,O·"•::u:utnros and assi~ns. _are hereby authorized ' _,,~v e~ • c f'AUL. H. BROWN f'lltf: INSUIIANCE C0Mioii8810NEII , Jlfire c3Jnsurante ~iftisinn BOARD OF INSURANCE COMMISSIONERS STAT£ OFFICE BUILDING August 24, 1951 Mr. Lloyd Ross City Building Inspector Lubbock, Texas Dear Mr. Ross: We are returning, herewith, your copy of an ordinance authorizing the Southwestern Bell TelePhone Company to construct a passage-way between their exis- ting and a proposed building. This office has no comments regarding such construction. However, we do feel that your fire chief' should be c onaulted, since it may interfere with the movement of fire trucks • HT:ps Encl. Sincerely yours, PAUL H. BROWN Fire Insurance Commissioner By a~~ ~ ... .._) Henry T erme.n Enginee I (~ August 221 1951 Fire Inwranoe Division ' ' I Board of InSurance Oommiasloner State Office Buildillg Auat111_ Ta:aa Dear Sir1 Attentiona Mr. Paul H, Bro1(11 PiN Inaurance Oommi Enclosed you fW.l t1nd a eketch of a atruoturet Wioh does not meet the requirements ot the City Building Code. we are won- dering 1f' it ldU atteot the baeio ket "-te of the City ot Lubbock, it our Ordinance is revised or amended to permit the ereotian of such a strqoture. We sball ghatly appreciAte anr information yau oan give us, and please return the enclosed sketoh \doth your reply. lve have enoloaed a aelf'~dresaed ~~ envelope tor your con- venience. Tbanldhg you 1D. adft!lee, I am, LRaja encl.