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Home My WebLink AboutOrdinance - 5113-1966 - Granting First National Bank A Franchise - 10/13/196651'13 AN ORDINANCE GRANTING TO THE FIRST NATIONAL BANK OF LUBBOCK,, A NATIONAL BANKING CORPORATION., AND PINAGA,. INC.,. A TEXAS CORPORATION,. THE RIGHT,. PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES,. MAINS~ PIPES AND CON- DUITS FOR THE TRANSMISSION OF WATER~ CHILLED WATER,. HOT - WATER,. STEAM,. ELECTRIC POWER. GAS,. TELEPHONE,. SEWAGE,. AND ANY OTHER UTILITY SERVICE., AND UNDERGROUND PASSAGEWAYS AND A PNEUMATIC TUBE SYSTEM UNDER AND ACROSS CERTAIN PRO- PERTY MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE; PRESCRIBING THE CONDITIONS,. LIMITATIONS AND RESTRICTIONS UNDER WHICH SAID PRIVILEGES MAY BE EXERCISED; PRESCRIBING A TERM OF TWENTY (20) YEARS FOR SAID FRANCHISE RIGHTS; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY: OF LUBBOCK: SECTION 1. THAT subject ta the terms., conditions, and provisions of this ordinance, the City of Lubbock, Texas, a Home Rule Municipality, hereinafter called "City", does hereby grant unto the First National Bank at Lubbock, a National Banking corporation, and Pinaga, Inc., a Texas corporation., being a wholly owned subsidiary of Pioneer Natural Gas Company., hereinafter called "Grantees", their successors and assigns, the right, privilege and franchise to construct, maintain and operate lines, mainp, pipes, and conduits for the transmission of water., chilled water., hot water, steam., electric power, gas, telephone., sewage, and any other utility service, and underground passageways and a Pneumatic Tube System under and across the following streets or avenues, to-wit: (a) Under and across Broadway at a location between Avenues N and O located within the following l:o undary lines., to-wit" BEGINNING at a point in the North boundary line of Block 128 of the original Town of Lubbock, Lubbock County, Texas, and the South boundary line of Broadway a distance of One .Hundred Fifty (1501) feet West of the r/0£+.h~ast corner of said Block 128; ~ ' THENCE North across Broadway to a point in the South boundary line of Block 114 of the Original Town of Lubbock., Lubbock County, Texas., and in the North boundary line of Broadway located a distance of One Hundred Fifty (1501) feet Weat from the Southeast corner of said Block 114; THENCE West along the South boundary line of said Block 114 a distance of Sixty .. five (65t) feet!; THENCE South across Broadway to a point in the North line of said Block 128 and in the South boundary line of said Broadway; THENCE East along the North boundary line of said Block 128 a distance of Sixty-five (65t} feet to the POINT OF BEGINNING. (b) UNDER and Across Avenue Oat a location between Main Street and Broadway within the following boundary lines., to ... wit: BEGINNING at a point in the West boundary line of Block 114 of the Original Town of Lubbock., Lubbock County., Texas., and in the East boundary line of Avenue O a distance of ninety (90) feet South of Northwest corner of said Block 114; THENCE West across Avenue O to a point in the East bcundary line of Block 113 of the Original Town of Lubbock, Lubbock County, Texas., and in the West boundary line of Avenue 0 a distance of ninety (901) feet'South of the Northeast corner of said Block 113; THENCE South along the East boundary line of said Block 113 a distance of fifty (50) feet; THENCE East across Avenue Oto a point in the West boundary line of said Block 114 and the East boundary line of said Avenue O; THENCE North along the West boundary line of said Block 114 and the East boundary line of Avenue O a distance of fifty (50t) feet to the POINT OF BEGINNING_. SECTION 2. The term of this grant shall be for twenty {20) years from the date of adoption hereof and thereafter for a period running from month to month at the will of the city. Grantees shall pay to the City as a com ... J, 0 _0o pensation for such grant the sum of Teti Dollars( $10.00 } 1 per year for the duration of this franchise. SECTION 3. Prior to the construction of any underground passagewery., pneumatic tube system., or utility lines., mains, pipes and conduits as authorized by this franchise., the Grantees shall submit to the City Engineer plans and specifications for the ro nstruction to be done, and the Grantees shall not commence construction dl.D any underground passageway, pneumatic'~ tube system or utility lines, mains., pipes and conduits until such plans and specifications are approved by the City Engineer. SECTION 4. The Grantees agree to pay all costs arising out of the exercise oft.b.e franchise herein granted., including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction of any underground passageway., pneumatic tube system or utility lines., mains., pipes and conduits as authorized by this franchise. SECTION 5. The Grantees ag3:ee that in the event it should become necessary for the City or a public utility company to construct underground sewage lines, subway tunnels, any other utility line, main, pipe or conduit or any underground passageway for utilitites or transportation facilities., then the Grantees agree to move their underground passageway., pneumatic tube system or utility lines, mains., pipes and conduits to a location either above or below the! area required by the City for the construction of such sewage lines., subway tunnels, util>ity lines .. mains., pipes or conduits or underground passageway for the utilities or transportation facilities at the sole cost and expense of the Grantee • SECTION 6. This franchise is made subject to the condition that should the Grantees, their successors or assigns., exercise any right under the fran- tjiise herein granted and prepare or begin or complete any part of the under- ground passageways., pneumatic tube system., or utility lines., mains, pipes and conduits as herein contemplated., under and across any or all of the above set out property, then and in that everf said Grantees., their successors or assigns, will at all times 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, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this Franchise or the construction or maintenance of the.:passageways., pneumatic tube system, or utility lines, mains, pipes and conduits as herein contemplated., and will further replace or repair any damage and pay in full all losses or expenses that the City of Lubbock may sustain., incur or become liable for resulting in any manner from the construction., maintenance and use of such underground passageways. pneumatic tube system, and utility lines, mains, pipes., and conduits. SECTION 7. At such time as this franchise should be canceled or revoked for any reason, after the expiration of the primary term, the underground passage ... ways., pneumatic tube system and utility lines., mains, pipes and conduits that are constructed under this franchise shall be removed by the Grantees and the property restored to its original condition at no cost or expense to the City of Lubbock. SECTION pi. All of the covenants and provisions of this franchise 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 Q:ti:antees, their successors or assigns., shall be binding upon the City of Lubbock without the written consent of the City of Lubbock in each instance. SECTION 9. This ordinance shall be published in its entirety once a week for three (3) consecutive weeks after its enactment in a newspaper published in the City of Lubbock and shall becorraeffective after the expiration of thirty(30) days from its lasfpublication, provided said ordinance is accepted in writing by Grantees within thirty ( 30) days from the date of the final passage of this ordinanc The expense of such publication shall be borne by Grantees as provided in Chapter I, Article II., Section 18 of the City of Lubbock Charter. AND IT IS SO ORDERED. Passed by the City Council on first reading this 13th day of _ ____..o..._c....,tol,<..Jb..,e..,.r~--- Passed by the City Council on second reading this27th day of_~~=~A---- " . ~ •• , . .t,. • ,tf ~ . \ 1 ~ City Attorney 19 6. 19 6.