HomeMy WebLinkAboutR87-220(This Resolution withdrawn by MCI)
030
RESOLUTION NO. R87-220
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF PLAINVIEW, TEXAS AUTHORIZING MCI
TELE-COMMUNICATIONS CORPORATION TO PLACE
FIBEROPTIC CABLE ON THE PUBLIC RIGHT-OF-WAY
ADJACENT TO THE BURLINGTON NORTHERN RAILROAD
ROUTE WITHIN THE CITY; PROVIDING FOR AN INSURANCE
POLICY INDEMNIFYING AND HOLDING THE CITY HARMLESS;
AND AUTHORIZING THE CITY ATTORNEY'S OFFICE TO
PREPARE NECESSARY LEGAL DOCUMENTS.
WHEREAS, Section 28-8 of the Plainview City code makes it unlawful
for any person to construct, reconstruct, alter or repair any fence,
wall, hedge, structure or any other character of structure over, on, or
between the property line of any lot and a public street or public
right-of-way; and
WHEREAS, section 29-8 of the Plainview city Code makes provisions
for the granting of a street use permit to use public right-of-way; and
WHEREAS, MCI Tele-Communications Corporation has submitted a
request for a street use permit to place fiberoptic cable along the
public right-of-way within the City of Plainview; and
WHEREAS, the City Council has found it to be in the best interest
of the City to grant such permit subject to the conditions hereafter
stated.
NOW THEREFORE BE IT RESOLVED by the Mayor and city Council of the
City of Plainview, Texas, to:
Section 1: Authorize the City Engineer to issue a street use
permit to MCI Tele-Communications Corporation of
Richardson, Texas for the purpose of placing a
fiberoptic cable along the Burlington Northern
Railroad Route within the City of Plainview, more
specifically referred to in ,,Exhibit A" 9ttached,
Which is incorporated by reference herein as if
fully set forth.
Section 2: That MCI Tele-Communications Corporation shall
furnish the City of Plainview, on a yearly basis
a certificate of Insurance showing that it has
enforced (and shall keep enforced at all times) a
~olicy of liability insurance with an insurance
company authorized to do business in the State of
Texas in an amount not less than $300,000.00 with
the City of Plainview being named as an
additional insured as protection of any liability
during, after, or as a result of said
construction, and the same shall, in addition to
protecting the owners, shall provide therein that
it will also protect the City of Plainview.
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031
Section 3: Authorize the city Attorney's office to prepare
any necessary legal documents in connection with
this Resolution.
Section 4: The above named requirements are to be
accomplished or put into effect within thirty
days of the passing of this Resolution or the
street use permit will be declared void with the
penalties outlined in Section 28-8 of the
Plainview city code being enforced and all other
legal remedies available to the city of Plainview
shall be enforced.
Section 5: The street use permit is subject to annual review by the City Council.
I Sheryl Owen, City Secretary for the city of Plainview, hereby certify
that the above Resolution was adopted by the Plainview city Council on
, 1987.
SHERYL OWEN, City Secretary
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032
"EXHIBIT A"
LOCATION
PuDLIC RIGRT-OF-WAY CROSSINGS BY MCI
RELATION TO LENGTH OF
MAINLINE TRACK ENCUMBRANCE
OF BURLINGTON
NORTHERN RAILROAD
1. At 25th Street
Off Hwy. 194
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
24th Street
Quincy Street
20th Street
Oakland Street
16th Street
Alley in Block 75,
Lexington & 15th
Alley in Block 65
Kokomo Street
14th Street
Joliet Street
Alley in Block 50,
independence street
Alley in Block 51,
Highland Addition
Houston Street
Alley in Block 52,
Galveston Street
13th & Fresno Streets
20.
21.
Alley in Block 31,
Highland Addition
E1 Paso Street
30' S.W.
30' S.W.
30' S.W.
30' S.W.
30' S.W.
20' N.E.
20' N.E.
20 N.E.
20 N.E.
20 N.E.
20 N.E.
20 N.E.
20 N.N.E.
20 N.N.E
20 N.N.E.
20' N.N.E.
20' N.N.E.
20 ' N.N.E.
From 15' N.N.E.
To 15' S.S.W.
15' S.S.W.
15' S.S.W.
None (Street crossing
not on Public R.O.W.)
107.00 ft.
105.15 ft.
85.60 ft.
105.15 ft.
85.60 ft.
28.04 ft.
199.11 ft.
28.04 ft.
105.15 ft.
130.76 ft.
83.45 ft.
20.91 ft.
76.98 ft.
20.53 ft.
76.98 ft.
20.53 ft.
76.98 ft.
345.51 ft.
20.53 ft.
76.98 ft.
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033
MCI CROSSING CONTINUED
LOCATION
22.
Alley in Block 30,
Highland Addition
23. Denver Street
24.
Alley in Block 29,
Highland Addition
25. Columbia Street
26.
27.
28.
29.
30.
31.
32.
33.
12th Street
Alley in Blocks 8 & 9
Central Park Addition
Austin Street
Alley in Block 2,
Broadway
Ash Street
Alley in Block 4,
Depot Addition
Date Street
34.
35.
36.
37.
38.
39.
E. llth Street
in Railroad Addition
Elm Street
Alley in Block 5,
Fir Street
Alley in Block 11,
Grove & Fir Streets
RELATION TO
MAINLINE TRACK
OF BURLINGTON
NORTHERN RAILROAD
15' S.S.W.
15' S.S.W.
15' S.S.W.
15' S.S.W.
15' S.S.W.
15' S.S.W.
12' S.S.W.
12' S.S.W.
12' S.S.W.
12' S.S.W.
12' S.S.W.
12' S.S.W.
30' N.N.E.
30 ' N.N.E.
30' N.E.
30' N.E.
30' N.E.
30 ' N.E.
LENGTH OF
ENCUMBRANCE
20.53 ft.
76.98 ft.
20.53 ft.
Also Hwy. 87,
Bus. Rt. R.O.W.
354.19 ft.
20.46 ft.
76.74 ft.
20.46 ft.
103.32 ft.
102.32 ft.
20.46 ft.
Also F.M. Hwy
400 R.O.W.
283.35 ft.
61.84 ft.
21.65 ft.
68.60 ft.
24.57 ft.
166.77 ft.
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MCI CROSSING CONTINUED
LOCATION
RELATION TO
MAINLINE TRACK
OF BURLINGTON
NORTHERN RAILROAD
LENGTH OF
ENCUMBRANCE
40. E. 9th Street
41.
42.
43.
Juniper Street
Alley in Block 7,
Nob Hill Addition
Milwee Street
From 15' N.E.
to 30' N.N.E.
30' N.N.E.
30' N.N.E
30' N.N.E.
Total Length of Encumbrance
184.39 ft.
82.10 ft.
20.53 ft.
60.75 ft.
3,588.52 ft.
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