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HomeMy WebLinkAboutR80-237O0 ClTY OF PLAINVIEW RESOLUTION NO. R80-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A STREET USE PE~qIT AGREEMENT BETWEEN THE CITY OF PLAINVIEW AND THE PLAINVIEW INDEPENDENT SCHOOL DISTRICT AUTHORIZING THE SCHOOL TO INSTALL A WATER ACROSS THE DEDICATED PUBLIC STREET OF YONKERS TO THE SCHOOL DISTRICT'S FOOTBALL STADIUM FOR IRRIGATION PURPOSES. WHEREAS, the City of Plainview has encouraged the Plainview Independent School District to rework the water well located at the football stadium for the purpose of irrigating the area around the stadium and the Edgemere campus with well water rather than using treated water; and WHEREAS, the Plainview Independent School District has reworked their water well and now needs means of transporting water from the well across Yonkers Street to the Edgemere Campus: NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Plainview, Texas that the attached Street Use Permit Agree- ment meets all requirements of the City of Plainview to allow the School District to install a line across the public dedicated property known as Yonkers Street, and authorize the Mayor of Plainview to execute such agreement on behalf of the City of Plainview, with the Plainview Indepen- dent School District. PASSED AND APPROVED this the 8th day of April, 1980. ATTEST: TNal ter S. Dodson, City Clerk STATE OF TEXAS COUNTY OF HALE STREET USE PERMIT AGREEMENT This Street. Use Permit Agreement entered into this the day of , 1980, by and between the City of Plainview, Texas, hereinafter called "City", and Plainview Independent School District-, hereinafter called :School": WHEREAS, the School isthe owner of the following d:s~,-,N~:~ property located in Hale County, Texas: Along and each side of a line running East-and West across Yonkers Street at approximately 490 feet North of the North right-of-~Fay line of 20th street in Plainview, Texas. WHEREAS,.a public street located within the city limits of tI~e City of Plainview croses and is adjacent to the above described property; and the irrigation well used to irrigate said tract of land is located on omo side of the street, and a portion of the property to be irrigated.is~located o~ the other side of the street; and WHEREAS, the School has requested permission from City to lay a pipe across the street for the purpose of irrigating said Edgemere School Campus; and WHEREAS, City has agreed to grant said permit to the School for this purpose. The parties hereby enter into the following agreement: For and in the consideration of the mutual-covenants recited. ~erei~,'City does hereby grant the School the permit, right and authority toconstruct a conduit across said public street for the purpose oftransporting irmigation water from said ~rri§atio.n well to the school campus .... . Said conduit shall be made of material of sufficient strength to support all vehicular traffic using said street. III. Said conduit shall be installed by the School at its own cost and expense. School shall, at his own expense, maintain said conduit in a .good state of repair and shall not, in the installation or maintenance of said conduit, create or permit any unsafe or hazardous condition upon or across said street. IV., School shall indemnify and hold City hamless from any and alt liability occasioned by the installation or maintenance of said conduit across said street mr the transportation of water across said street. Upon the termination of this permit, at the option of City, School shall, at its own expense, remove said conduit from the street and restore such street to its original condition. WITNESS OUR HAND the 8th day of April, 1980. PLAINVIEW INDEPENDENT SCHOOL DISTRICT CITY OF PLAINVIEN STATE OF TEXAS COUNTY OF HALE STREET USE PERMIT AGREEMENT This Street Use Permit Agreement entered into this the /oTz~ day of ~~ , 1980, by and between the City of Plainview, Texas, hereinafter called "City", and Plainview Independent School District, hereinafter called :School': WHEREAS, the School is the owner of the following described property located in Hale County, Texas: Along and each side of a line running East and West across Yonkers Street at approximately 490 feet North of the North right-of-way line of 20th street in Plainview, Texas. WHEREAS, a public street located within the city limits of the City of Plainview croses and is adjacent to the above described property; and the irrigation well used to irrigate said tract of land is located on one side of the street, and a portion of the property to be irrigated is located on the other side of the street; and WHEREAS, the School has requested permission from City to lay a pipe across the street for the purpose of irrigating said Edgemere School Campus; and WHEREAS, City has agreed to grant said permit to the School for this purpose. The parties hereby enter into the following agreement: I. For and in the consideration of the mutual covenants recited herein, City does hereby grant the School the permit, right and authority to construct a conduit across said public street for the purpose of transporting irrigation water from said irrigation well to the school campus. II. Said conduit shall be made of material of sufficient strength to support all vehicular traffic using said street. III. Said conduit shall be installed by the School at its own cost and expense. School shall, at his own expense, maintain said conduit in a good state of repair and shall not, in the installation or maintenance of said conduit, create or permit any unsafe or hazardous condition upon or across said street. IV. School shall indemnify and hold City hamless from any and all liability occasioned by the installation or maintenance of said conduit across said street or the transportation of water across said street. Upon the termination of this permit, at the option of City, SchOol shall, at its own expense, remove said conduit from the street and restore such street to its original condition. WITNESS OUR HAND the 8th day of April, 1980. CITY OF PLAINVIEW