HomeMy WebLinkAboutR81-372RESOLUTION No. R81-372
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS, AUTHORIZING THE CITY ENGINEER TO ISSUE A STREET USE
PERMIT TO MR. WOODRUFF CLARKE OF 1209 QUINCY: PROVIDING FOR
AN INSURANCE POLICY INDEMNIFYING AND HOLDING THE CITY HARMLESS
FROM ANY LIABILITY INCURRED DURING OR AFTER RESLUTING CON-
STRUCTIONj AND AUTHORIZING THE CITY ATTORNEY TO PREPARE THE
NECESSARY LEGAL DOCUMENTS.
WHEREAS, Mr. Woodruff Clarke, owner of Lot 1, Block 1, Rowe-
Goode Addition same being 1209 .Quincy desires to construct a.
fence'p~rallel to~and West ~ofthe retaining wall On~.~he eastside~of said
lot, and a sidewalk on the North side of said Lot, both facilities
to be located on City right-of-way; and
WHEREAS, Mr. Clarke has agreed to indemnify and hold the City
harmless from any liability incurred as a result of the installation,
maintenance,:.~epair and use of the fence and sidewalk; and
WHEREAS, Mr. Clarke has been advised that should the City of
Plainview need the use of the right-of-way for any purpose said fence
and sidewalk shall be removed and the City of Plainview will not be
liable for any damages resulting to the fence or the sidewalk, nor
shall the City replace said facilities; and
WHEREAS, Sec. 33 of Ord. No. 77-2090 establishes a maximum
height of 30" for any fence located in the front yard:
NOW, THEREFORE BE IT RESOLVED BY THE Mayor and City Council
of the City of Plainview, Texas to:
Section t: Authorize the City Engineer to issue a Street Use
~Permit to Mr. Woodrufff~f~+~:j Owner .of Lot 1, Block 1,
Rowe-Goode Addition, same being 1209 Quincy, for the
purpose of allowing the construction of:
1) A fence, not to exceed $~" in height on the East side
of said Lot parallel to and West of the retaining
wall; and
2) A sidewalk on the North side of said Lot.
Section 2: That Mr. Clarke shall furnish the City of Plainview,
on a yearly'i~asi~a.~cer~.if~a~e~.howing~tha.t it has enforc~
(and shall keep enforce at all times) a policy of
~iability insurance with an insurance company authorized
go do business in the State of Texas in an amount
not less than $300,000.00,~i~ t~e City of Plain~iew~b~i.ng
~amed as..an-additional insure as.p~ec~ion"~f any
liabi, li~y during, after, Or as J'~esuli-~ i.Said cbnz 'i
S'firucti6~, and~'t~esam.e Shal~ i{'addiii0n'toprotecting
th~'ewners, shall provide therein that it will also
protect the City of Plainview~ ~
Section 3:Auth°rizeZ~"Ci~y"Att°rney-t°Prepare the necessary Legal Documents.
PASSED AND APPROVED this the 24th day of March, 1981.
WALTER S. DODSON, City Clerk