HomeMy WebLinkAboutR87-309RESOLUTION NO. R87-309
134-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A STREET USE AGREEMENT WITH THE HAPPY
UNION BAPTIST CHURCH INVOLVING PROPERTIES AT
209 BULLOCK AND 219 EAST GIVENS.
WHEREAS, the Happy Union Baptist Church owns properties at 209
Bullock, better described as Lot 25, Block 1, of the Carver Heights
Addition and at 219 East Givens, better described as Lots 22 and 23,
Block 1, Carver Heights Addition; and
WHEREAS, a house, to be utilized as a parsonage, has recently
been constructed on the properties at 209 Bullock, and a Church is on
the properties at 219 East Givens; and
WHEREAS, Happy Union Baptist Church wishes to utilize the same
water meter for the Church and the house; and
WHEREAS, a personal service line must cross an alley owned by
the City of Plainview, in order for the Church to utilize the same
water meter; and
WHEREAS, City Ordinance requires that a street use permit be
granted by the City Council prior to the utilization of City
right-of-way for personal use; and
W~RREAS, a proposed street use permit agreement is hereby
attached and made a permanent part of this Resolution, which would
allow for City right-of-way to be utilized to install a personal
water line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Plainview, Texas that the Mayor is hereby authorized to execute
the attached street use permit agreement between the City and the
Happy Union Baptist Church.
I Carla J. Reese, City Secretary for the City of Plainview,
hereby certify that the above Resolution was adopted by the
Plainview City Council on December 8, 1987.
CARLA J.~REESE, City Secretary
STATE OF TEXAS
COUNTY OF HALE
STREET USE PERMIT AGREEMENT
This Street Use Permit Agreement entered into this the 8th
day of December , 1987, by and between the City of Plainview,
Texas, hereinafter called "City", and Happy Union Baptist Church,
hereinafter called "CHURCH";
-W-MRREAS, CHURCH is the owner of the following described
property located in Plainview, Hale County, Texas:
Lots 22, 23 and 25, Block 1, Carver ~eights Addition
W/TEREAS, a public alley and public right-of-way located
within the city limits of the City of Plainview abut %he above
described properties; and CHURCH desires to install a water line
between the above described properties; and
WHEREAS, the renovations will cause approximately six inches
(6") of city right-of-way to be encumbered in crossing the alley
separating the properties for a distance of twenty feet (20');
and
WHEREAS, ResOlution No. R87-309 has been passed and approved
by the City Council of the City of Plainview, Texas approving an
agreement to be entered between City and CHURCH; and
The parties hereby enter into the following agreement:
For and in the consideration of the mutual covenants recited
herein, City does hereby grant to CHURCH the permit, right and
authority to install a water line between said properties in
accordance with City Ordinances and policies on the above
described property to the extent heretofore described.
II.
Said permit shall be for an indefinite period.
III.
Said renovations shall be installed by CHURCH at its own cost
and expense,
CHURCH shall, at its own expense, maintain said renovations
in a good state of repair and shall not, in the installation or
maintenance of said renovations, create or permit any unsafe or
hazardous condition upon or across said public right-of-way.
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IV.
CHURCH shall indemnify and hold City harmless from any and
all liability occasioned by the installation or maintenance of
said renovations across said alley or public right-of-way.
WITNESS OUR HAND this the 8thday of December , 1987.
HAPPY,~ION BAPTIST CHURCH .
Pastor L~nard G.-Chatham E.V. Ridlehuber, Mayor
STATE OF TEXAS
COUNTY OF HALE
ACKNOWLEDGMENT
This instrument was acknowledged before me on ~m~~/~./?~
STATE OF TEXAS
COUNTY OF HALE
Notary Public,
.
ACKNOWLEDGMENT
by
This instrument was acknowledged before me on ~e~e~%~ )~t..~ ~q
Notary Public, State of
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Printed Name:
My Co~ission
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2 of 2
THE STATE OF TEXAS
COUNTY OF HALE ~ . I, MILDRED TUCKER, Clerk of the
County Court in and for said county, do hereby certify that the foregoing instrument
of writin~ was filed for record in my office, the 21 day of T~e 19 87
at 2; 45 o'clock P M., and duly recorded the 23 day of Dec 19 87
a~lD~5_o'cloek A. M., in the Deed Records of said County, in Volume_256
page ] 7]
'W'it, ne.ss my hand and seal of the County Corn% of said County, at office in
Plainview, ,Texas the day and year last above xvritten.
~' ' )4ILDRED TUCKER, Clerk
By '-~ ,~ ~2 _~' Deputy