HomeMy WebLinkAboutResolution - 1228 - Authorize Request - CDTC - Repeal Resolution #1202, Strueet Use License - 10/14/1982NANO
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RESOLTUION 1228 - 10/.14/82
Rescinds Reso. 1202,.
WHEREAS, Carbon Dioxide Technology Corporation was granted a Street Use
License as set forth in Resolution No. 1202 passed by this City Council on the
9th day of September, 1982; and,
WHEREAS, said Carbon Dioxide Technology Corporation has requested that the
aforesaid Resolution No. 1202 as heretofore passed be cancelled and be no longer
of any force or effect, and this City -Council is agreeable to granting such re-
quest; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Resolution referred to in the preamble hereof be repealed and re-
scinded in its entirety and of no longer any.force and effect.
Passed by -the City Council this 14th day of_—,October 1982.
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IL�L ffc-XLISTER, MAYOR
ATTEST:
Evelyn Gaffga, City SecfetdvTreasurer
APP ED/AS0 CONTENT: VV
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T N vens, Right of Way Agent
APPROVED AS TO FORM:
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J. Woyh Fullingim, Asst. City A torney
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` CARBON DIOXIDE TECHNOLOGY CORPORATION
P.O. BOX 65018
LUBBOCK, TEXAS 79464 4806? 745-7977
September 30, 1982
Tom Nivens
Right of Way Dept.
City of Lubbock
916 Texas Ave.
Lubbock, Texas 79708
/ re: Right of Way Liscense
Peach Street
Dear Mr. Nivens:
Thank you for your prompt attention to the above set out application.
However, it will not now be -necessary for Carbon:Dioxide Technology
Corporation to cross Peach Street with the purposed 6" Waste Water
Line -as we have acquired a closer routing for said pipeline.
Enclosed is the purposed liscense, previously executed by the City.
SW/kk
Enclosures
S c ou
tanton Wagers, Jr.
Right of Way Agent
Carbon Dioxide for Energy Independence
AV I
� RESOLUTION; 1202 _
9/9/82
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STREET USE LICENSE yy !A
HE TATE OF TEXAS § C�
COUNTY OF LUBBOCK
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This indenture made this 9th da of September
y 1982, being the
date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and CARBON DIOXIDE TECHNOLOGY CORPORATION, Lubbock County, Texas,
hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK
does hereby grant to the LICENSEE, the right, privilege and license to use a
portion of dedicated street to construct and maintain a pipeline, this license
being classified as a subsurface license, and said pipeline shall be buried 40
inches below the ground surface and shall be cased with steel casing as approved
by the City Engineer of the City of Lubbock, at the following area and location:
Extending over, through, along, and across Peach Avenue, located in Section
11, Block S, G.C. & S.F. rt.R. Co. Survey, Lubbock County, Texas and is a 30
feet wide area described by its centerline as follows:
Beginning at a 'h" iron rod set in the West line of Section 11, Block S.
G.C. & S.F.-R.R. Co. Survey, Lubbock County, Texas and in the West right -
of -Way line of Peach Avenue which bears N. 00°44' W. a distance of 1621.41
feet from the Southwest corner of said Section 11;
THENCE N. 47040'47" E. a distance of 56.63 feet to a Y" iron rod'set in the
Southwesterly right-of-way line of Southeast Drive.
1. LICENSEE is further granted a temporary license which shall be for a
term of one year from the date first hereinabove set forth which shall be for a
working area ten feet in width on either side of the above-described tract of
land. LICENSEE shall barricade and light such areas and make such areas safe
during construction times or repair work times.
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 sixty (60) days 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 thirty (30) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post office, postage
paid, addressed to LICENSEE at 3750 Slaton Highway, P.O. Box 65018, Lubbock,
Texas 79464, or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the CITY
OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements
that are permitted under this license shall be removed by the LICENSEE and the
property shall be restored to its original condition at no cost or expense to
the CITY OF LUBBOCK'. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall
enter possession, and remove or cause to be removed such improvements and the
expense incurred shall be assessed against LICENSEE for which LICENSEE shall be
liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWO HUNDRED FIFTY AND N0/100 DOLLARS ($250.00) cash in advance
contemporaneously with the acceptance and execution hereof by LICENSEE for the
first five (5) year term of this license, and thereafter such rate of compen-
sation may be changed for each succeeding five (5) year term by the CITY OF
LUBBOCK'to a rate of compensation which is based on procedures and policies as
established by the City Council of the CITY OF LUBBOCK based on an appraisal of
the fair market value of such land by the Right -of -Way Department of the CITY OF
LUBBOCK as applied to the formula for determining such rate established by the
City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for
the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify
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the LICENSEE of any change in rates in writing ninety (90) days before the start
of the five (5) year term to which such change in rate shall apply, and if such
notification be not timely made then the rate for the preceding five (5) year
term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the exercise of
this license herein granted, including but not limited t!o the replacement and
repairing of paving, sidewalks and rutiliA-ees of any nature occasioned by the
construction as authorized by.this license.
. 4. In the event the CITY OF LUBBOCK determines that.the existence of such
use interferes with or causes the rerouting or realignment of any public utility,
franchised.utility, or sanitary or storm sewer line constructed or to be con-
structed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to re-
imburse the CITY OF LUBBOCK, or such utility,�*ds the case may be, for its expense
of such relocating or rerouting over and above the expense which would have been
incurred except for LICENSEE'S use herein.
-5. This -license is not transferable'by the LICENSEE without first re-
ceiving the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LICENSEE
exercise any right under the license herein granted and prepare or begin or
complete any part of the construction as herein contemplated across any or all
of the above set out property, then and in that event said LICENSEE, his heirs
and 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 license or
the construction or maintenance and use permitted herein. The CITY OF LUBBOCK,
at its option, may require an agreement with any contractors hired by LICENSEE
to perform the construction, repair or maintenance permitted herein, which
agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability,
cost and expense growing out of the performance of the work to be done by such
contractor. The CITY OF LUBBOCK may further require such contractor, when
engaged in the construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and
in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful
performance of all the terms, covenants and conditions contained in said agree-
ment and a certified copy of a policy of public liability assumed by contractor
in said 'agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give
notice to LICENSEE prior to incurring any costs or expenses or the payment of
any such claims or demands in order to give LICENSEE a reasonable opportunity to
settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public liability
and property damage insurance, within limits specified by, and in a form satis-
factory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF
LUBBOCK as the insured, said policy covering the uses herein granted.
8. All of the covenants and provisions of this license 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 LICENSEE, its successors and
assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the
CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5).
9. LICENSEE, 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 LICENSEE waives any and all
claims in and to the public way it is permitted to use hereby and agrees to give
peaceful possession of said property covered herein upon termination or cancel-
lation of this license.
CITY OF LUB
BY
ILL McAlister, MAYOR
ATTEST:
Evelyn Gal fga, City ry-Treasurer
AGREED TO AND ACCEPTED this day of , 1982.
LICENSEE: CARBON DIOXIDE TECHNOLOGY
CORPORATION
BY
PRESIDENT
APPROVED AS TO CONTENT:
OzJ
Don J Ings, ity Engineer
APPROVED AS TO FORM:.
J. or h Fullingim, Asst. COY Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE HE, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared BILL McALISTER, Mayor, known to me
to be the.person whose name is subscribed to the foregoing instrument and acknowl-
edged 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
1982. f.
Notary Public, Lub ock Coun y, Texas
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ITIS STATE OF TEXAS §
COUNTY OF § �
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day persoriallyrappeerte +,
President of Carbon Dioxide Technology Corporation, 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 therein stated as the act and deed of said corporation.
1882. GIVEN UNDER MY HAND AND SEAL OF'OFFICE this day of
•
Notary Public
County, Texas