Res 2441 12/18/1979RESOLUTION NO. cT`f'
RESOLUTION AUTHORIZING SOUTHWESTERN BELL TELEPHONE COMPANY
TO UTILIZE STREET RIGHT-OF-WAY FOR INSTALLATION OF UNDER-
GROUND FACILITIES.
WHEREAS, Southwestern Bell Telephone Company has requested permission
to install an oil fuel tank for their proposed emergency electric generator under
the Lamar Street sidewalk adjoining their property at Ninth and Lamar, as shown
on the plan submitted with such request, in accordance with Section 2203.1 of
the Building Code of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
There is hereby issued to Southwestern Bell Telephone Company, herein-
after called owner, a special permit allowing the installation of such oil fuel
tank under the sidewalk as shown on such plan on file with the Inspection Depart-
ment, subject to the following requirements;
1. The use which the owner plans to make of the underground portion
must not interfere with any existing public use.
2. The City has the superior right to reduce the premises in question
to possession as and when necessary for such to be done for public purposes and
even prior thereto to regulate and control the same as essential for the protection
of the public safety and convenience.
3. In the event the City, or any public utility company, should find it
necessary to reroute underground lines in the street adjacent to this property, or
to redesign the manner of their installation, with an attendant increase of expense,
as a direct result of the owner's use of the area under the sidewalk, the increase
of expense occasioned thereby shall be paid by and assessed against the owner.
4. City reserves the right to terminate this permit whenever the City's
judgment same might become inconsistent with the public use thereof, or when it
might become a nuisance.
PASSED AND APPROVED THIS the 18th day of December, 1979.
MAYOR
ATTEST:
City Clerk
IIb