HomeMy WebLinkAboutR88-102003
STREET USE PERMIT - BUCHANAN AGENCY
RESOLUTION NO. R88-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
A STREET USE AGREEMENT WITH THE BUCHANAN AGENCY
INVOLVING PROPERTIES AT 121 EAST 7TH AND 120 EAST
7TH.
WHEREAS, the Buchanan Agency occupies properties at 120 East 7th
and 121 East 7th, suite J, better described as Lots 23-24, Block 26
of the original Town Addition, Plainview, Hale County, Texas and Lots
7-8, Block 27 original Town Addition, Plainview, Hale County, Texas;
and
WHEREAS, the Buchanan Agency wishes to place an overhead cable
between the two properties so that a satellite dish at 120 East 7th
may be attached to the properties at 121 East 7th, suite J; ~and
WHEREAS, City ordinances require that a street use permit be
granted by the City Council prior to the utilization of City
right-of-way for personal use; and ..
WHERF2%S, a Street Use Permit Agreement is hereby attached and
made a permanent part of this Resolution, which would allow for the
City right-of-way to be utilized to install an overhead cable.
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 Agreement between the City and the Buchanan
Agency.
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 Januar~ 12, 1988.
Carla J. ~ese, City Secretary
STATE OF TEXAS
~ ~ § STREET USE PERMIT AGREEMENT
COUNTY OF HALE
ThiS Street Use Permit Agreement entered into this the 12th day of
January, 1988, by and between the City of p lainview, Texas
hereinafter called "CITY", and the Buchanan Agency, hereinafter
called "AGENCY";
W~F. REAS, the AGENCY is the occupant of the following described
property located in Plainwiew, Hale County, Texas:
Lots 23-24, Block 26,
Hale County, Texas.
Lots 7-8, Block 27,
Hale County, Texas.
Original Town Addition, Plainvie~,
Original Town Addition, Plainview,
WHEREAS, a public street and public right-of-way located within
the City limits of the City of Plainview abut the above described
properties; and AGENCY desires to install an overhead cable 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 street
separating the properties ior a distance of seventy five feet (75');
and
W~F. REAS, the minimum clearance of said overhead cable is to be
maintained at eighteen feet (18'); and
W~RREAS, the parties hereby enter into the following Agreement:
I.
For and in the consideration of the mutual covenants recited
herein, CITY does hereby grant to AGENCY the permit, right and
authority to install an overhead cable between said properties in
accordance with CITY ordinances and policies, as such presently exist
and as they may be amended, on the above described property.
II.
Said permit shall be for an indefinite period and may be revoked
at anytime for any reason by the CITY.
III.
Said renovation shall be installed by AGENCY at its own cost and
expense.
AGENCY 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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In no way shall the installation of the overhead cable
interfere with the rights of any utility franchise holder within the
CITY.
V.
AGENCY shall indemnify and hold CITY harmless from any and all
liability occasioned by the installation or maintenance of said
overhead cable across said public right-of-way.
WITNESS OUR HAND THIS 12TH DAY OF JANUARY, 1988.
BUCHANAN AGENCY
LESTER B. BUCHANAN
BY:
E.V. RIDLEHUBER, MAYOR
STATE OF TEXAS
COUNTY OF HALE
Lester B Buchanan
Notary Public S t ate :.~fL~Texas-~- ~ ~[
Printed Name:
My Co~ission
STATE OF TEXAS
COUNTY OF HALE
This instrument was
E.V. Ridlehuber
§ ACKNOWLEDG~F. NT
§
acknowledged before me
Notary Public, St~e~ of
My Co~ission Expires~'~q~¢~4''/89
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