HomeMy WebLinkAboutR16-373393
RESOLUTION NO. R16-373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS, AUTHORIZING THE CITY TO ISSUE A LICENSE TO
ENCUMBER TO THE NINTH AND COLUMBIA CHURCH OF CHRIST
LOCATED AT 808 NORTH COLUMBIA STREET AMENDING
RESOLUTION NO. R82-498; PROVIDING FOR THE ENCROACHMENT
OF CERTAIN STRUCTURES ONTO THE PUBLIC RIGHT-OF-WAY;
REQUIRING AN INSURANCE POLICY INDEMNIFYING AND HOLDING
THE CITY HARMLESS FROM ANY LIABILITY INCURRED AS A RESULT
OF SUCH STRUCTURES; AND GRANTING AN INDEFINITE TIME
PERIOD FOR PROPERTY OWNER.
WHEREAS, the City Council of the City of Plainview, Texas desires to amend
Resolution No. R82-498, adopted on April 27, 1982, and the Street Use Permit, signed
May 11, 1982, issued to Ninth and Columbia Street Church of Christ ("Church") located
at 808 North Columbia Street for the encroachment of certain structures onto the public
right-of-way; and
WHEREAS, the Church provided an insurance policy with an insurance company
authorized to do business in the State of Texas and listed the City of Plainview as an
additional insured as a protection from any liability during, after, or as a result of said
encumbrance of public right-of-way; and
WHEREAS, the Church has agreed with the License to Encumber, attached hereto
and incorporated as a part of this Resolution, including the indemnification and hold
harmless granted to the City from any liability as a result of such encroachment into the
public right-of-way; and
WHEREAS, the City Council grants the Church such License to Encumber for an
indefinite period of time as long as it retains title in such real property and does not
adversely affect public health, safety, or welfare of the Plainview citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Plainview that:
The request from Ninth and Columbia Street Church of Christ located at 808 North
Columbia Street for an amendment to Resolution No. R82-498 and the accompanying
Street Use Permit for the encroachment of certain structures onto the public right-of-way,
including the minor encroachments of concrete pads, fencing, metal poles, air
conditioning units, and all other appurtenances, is granted a License to Encumber,
attached hereto and incorporated herein.
Resolution R16-373 Page 1 of 2
394
The Church shall at all times maintain a liability insurance policy with an insurance
company authorized to do business in the State of Texas in accordance with the License
to Encumber, attached hereto and incorporated herein, to protect the City of Plainview
from any liability as a result of such encroachments on the public right-of-way.
The Church is granted the License to Encumber for an indefinite time period as
long as it is the property owner. However, if at any time the encroachment adversely
affects the public health, safety, or welfare of the Plainview citizens or the City
determines a necessity exists, then the Church shall remove such encumbrances at its
expense.
IV.
The Mayor is hereby authorized and directed to execute, respectively on behalf
of the City of Plainview, the License to Encumber, attached hereto and incorporated
herein, amending Resolution No. R82-498 and the accompanying Street Use Permit.
PASSED AND APPROVED this 11th day of October, 2016.
ATTEST:
Belinda Hinojosa, City Se
APPROVED AS TO CONTENT:
Tim Crosswhite, Public Works
APPROVED AS TO FORM:
1
esli- Spear S miet, City •A ttorney
Resolution R16-373
Wendell Dunlap, Mayor
Page 2 of 2
395
LICENSE TO ENCUMBER
PUBLIC RIGHT-OF-WAY
STATE OF TEXAS §
COUNTY OF HALE §
This License to Encumber Public Right -of -Way ("License") granted this the
day of October, 2016, by the City of Plainview, Texas, hereinafter called "City", to Ninth
and Columbia Church of Christ, hereinafter called "Licensee".
WHEREAS, Ordinance No. 89-2785 allows for an encroachment of certain
structures onto the public right-of-way if a license to encumber has been issued pursuant
to the provisions of said ordinance,
WHEREAS, Licensee r'desires to encumber the right-of-way and use the public
right-of-way for minor encroachments of concrete pads, Fencing, metal poles, air
conditioning units, and all other appurtenances; and
WHEREAS, the property that is the subject of this application for a License is
shown on the attached Exhibit "A," attached and incorporated as a part of this document,
ibr the location at Original Town Addition, Block 43, Lots 11-13, Plainview, Hale
County, Texas; and
WHEREAS, the application for consideration of the License has been filed and
processed by City administrative staff and has been recommended for approval.
NOW, THEREFORE, the City of Plainview hereby issues this License subject to
the following terms and conditions:
1. This License shall permit the hereinafter -stated encumbrance to amend a previous
street use permit granted April 27, 1982 for a one-time fee required and such
License shall be granted for the location at Original Town Addition, Block. 43,
Lots 11-13, Plainview, Hale County. Texas, attached as Exhibit "A," and
incorporated as a past of this document to the following extent:
Exhibit `A." A registered survey, dated August 31, 2016, shows the
City of Plainview right-of-way and the~requested encumbrance of
such right-of-way at the following location:
Original Town Addition, Block 43, Lots 11-13, Plainview, Hale
County, Texas with concrete pads, fencing, metal poles, air
conditioning units, and all other appurtenances -related to such
request extending more or less 3.2 feet on the surface, 3 feet into the
396
subsurface and 15 feet into air space of the public right of way in the
alley.
II. This License shall be for an indefinite period of the owner's, Ninth and Columbia
Church of Christ's, title in such real property, and this license runs with the
property for as long as the current structures and appurtenances exist. Said
License is issued in accordance with Ordinance No. 89-2785, and as may be
hereby amended.
III. No other encroachment other than those described above is permitted.
IV. By acceptance of this License, Licensee is agreeing to indemnify and hold
harmless the City, its officials, agents, and employees from any and all claims for
injuries or damages to any person or property occasioned by or arising by the
reason of the Licensee's intentional or negligent acts and to save the City, its
officials, agents, and employees whole and harmless and to indemnify them from
any and all claims for damages or injuries to property or persons, which said
injuries or damages would not have occurred except for the actions or conduct of
the Licensee or it agents occasioned by said encroachments or the maintenance of
said encroachments upon the street or public right-of-way. The Licensee shall
furnish the City a certificate showing that it has in force (and it shall keep same in
force at all times) a policy of liability insurance, the City as an additional insured,
with a company authorized to transact business in the State of Texas in an amount
of not less than One Million Dollars ($1,000,000.00), as protection from any
liability for any damages of said Licensee, its agents, employees, or any other
person assisting the carrying out of any function authorized hereby, and the same
shall, in addition to protecting the Licensee, provide therein that it will also
protect the City of Plainview.
V. This License is granted to Licensee for an encumbrance on public right-of-way as
described above and continues so long as said License does not adversely affect
public health, safety, or welfare of the citizens of Plainview. Any subsequent
necessity for removal or relocation of any of the encroachments described above
shall be at Licensee's expense. City shall determine when such necessity exists.
VI. The terms and conditions contained in this License shall be binding upon
Licensee, its successors and assigns.
VII. This License is subject to any applicable state and local law, as they now exist or
as may hereafter be adopted or amended. It is further understood that if and
when the City, in the exercise of its lawful authority, shall determine that the
grade of any street, sidewalk or parkway should be modified or changed, or that
any other work should be done in connection with the public improvement which
will affect the licensed area, and/or any of Licensee's installations and
improvements thereon, any modifications or changes in construction or
reconstruction of any public improvements thereon, any modifications or
397
improvements in construction or reconstruction of any public improvement
attributiible to Licensee's use of the licensed area and/or its installations or
improvements thereon, shall be made at the sole expense of the Licensee and to
the satisfaction of the City.
VIII. City reserves the right, at any time, without notice, to terminate and cancel this
License, by resolution, upon finding by the City Council that this license is
inconsistent with the public use of the property or whenever the purpose or use of
licensei is likely to become a nuisance, and all rights granted herein shall
thereupion be considered fully terminated and cancelled by the City.
IX. This License shall also cover any claim for damage that any utility, whether
publicq+ or privately owned, may sustain or receive by reason of Licensee's use of
said picense or Licensee's improvements and equipment located thereon.
Licenee shall not make any claim of any kind or character whatsoever against the
City, its officials, agents, or employees for damages that Licensee may suffer by
reason of the installation, construction, reconstruction, operation and/or
maintenance of any public improvement or utility, whether presently in place or
which may in the future be constructed or installed, including but not limited to,
any water and/or sanitary sewer mains and/or storm sewer facilities and whether
such damage is due to flooding, infiltration, backflow, and/or seepage caused
from the failure of any installation, natural causes or from any other cause of
whatsoever kind or nature. It is the intention of this indemnity agreement on the
part of Licensee, and the condition of this License, that it shall be a full and total
indemnity against any kind or character of claim whatsoever that may be asserted
against the City by reason or as a condition of having granted permission to
Licensee to use and maintain the above described public property. Licensee
hereby agrees to defend any and all suits, claims or causes of action brought
against the City on account of same, and discharge any judgment or judgments
that may be rendered against City in connection therewith.
X. This License is subject to any existing utility or communication, facilities,
including drainage, presently located within the licensed area, owned or operated
by the City or any utility or communications company, for the use of the licensed
area for facilities presently located within the boundaries of said licensed area.
All communication companies and utilities, both public and private, shall at all
times have the full right of ingress and egress to and from and upon the licensed.
area for the purpose of constructing, relocating, inspecting, patrolling,
maintaining and adding to or removing all or part of its respective systems
without the necessity at any time of procuring the permission of Licensee.
XI. Upon abandonment of such right-of-way, the Licensee shall remove and relocate
such facilities and restore it to the original condition before the permitted use of
right-of-way.
398
ATTEST:
Belinda i'Iinojosa, City Secret
APPROVED AS TO CONTENT:
L/yl i i6
9: Ctvdth,
Tim Crosswhite, Director of Public Works
APPROVED AS TO FORM:
a 1 ett7L,Lclt
Lesli Spear S h idt, City Attorney
CITY OF PLAINVIEW
Wen• el Dunlap, Mayor
01111111Iin SI ret
Exhibit " A
Bloci. 3 Slaton Addition
9t Street
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Ninth and Columbia
Church of Christ
808 N. Columbia
Description—
tots 9 -16, Block 43,
Original Town of
Plainview, Ilale
County, Texas
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