HomeMy WebLinkAboutR82-49800
RESOLUTION NO. R82-498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS AUTHORIZING THE CITY TO ISSUE A STREET USE PER~4IT TO
THE 9TH STREET CHURCH OF CHRIST LOCATED AT 808 COLUMBIA;
PROVIDING FOR AN INSURANCE POLICY INDEMNIFYING AND HOLDING
THE CITY HARMLESS FROM ANY LIABILITY INCURRING DURING OR
AFTER THE RESULTING CONSTRUCTION; AND AUTHORIZING THE CITY
ATTORNEY TO PREPARE THE NECESSARY LEGAL DOCUMENTS.
WHEREAS, the 9th Street Church of Christ located at 808 Columbi~
desires toconstr~ctand place cemete air conditioning compr.essor pads
which will partially located on the City alley way between 8th and 9th
street adjacent to 808 Columbia; and
WHEREAS, the 9th Church of Christ has agreed to indemnify and hold
the City harmless from any liability incurred as a resu!.t of the installation,
maintenance, repair, and use of the air Conditioning compressors or compressor
pads; and
WHEREAS, the 9th Street Church of Christ has been advised that,
should the City of Plainview need the use of the right-of-way for any
purpose, said abtrusion on the city right-of-way shall be removed and the.
City of Plainview will not be liable for any damages resulting to the air
compressors or compressor pads,, nor shall the City replace said facility;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of Plainview, Texas that:
SECTION 1: The City is authorized to issue a street use permit
to the 9th Street Church of Christ owner of the
property described above, for the purpose of con-
tructing air conditionin compressor pads over a
portion of City pad.
SECTION 2: That the 9th Street Church of Christ shall furnish the
City of Plainview, on a yearly basis, a certificate
showing that the church has in force (and shall keep
in force at all times) a policy 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 from any liability during, after,
or as a result of said construction, and the same shall,
in addition to protecting the owner, provide therein that
it will also protect the City of Plainview.
SECTION 3: That the City Attorney is authorized to prepare the
necessary legal documents to effectuate this resolution.
PASSED AND APPROVED this the 27th day of April, 1982.
E.V. ~(GENE) RIDLEHUBER, MAYOR
ATTEST:
WALTER S. DODSON, City Clerk
STATE OF TEXAS
COUNTY OF HALE
WHEREAS, NINTH & COLUMBIA CHURCH OF CHRIST, 808 Columbia,
Plainview, Texas, is the owner of the following described real
property located in Plainview, Hale County, Texas:
Lots 9 through 16, Block 43, Original Town of
Plainview, Hale County, Texas;
said property being located adjacent to and parallel with the
alley between Eight and Ninth Streets; and
WHEREAS, NINTH & COLUMBIA CHURCH OF CHRIST desires to con-
struct and place a cement air conditioner comp~essure pad on
the above described property and a portion of said concrete pad
will extend into the alley right-of-way; and
WHEREAS, NINTH & COLUMBIA CHURCH OF CHRIST has petitioned
the City Council of the City of Plainview, Texas, for an ease-
ment and street use permit on a portion of said alley right-of-
way for the purpose of constructing cement air conditioner com-
pressure pad; and
WHEREAS, NINTH & COLUMBIA CHURCH OF CHRIST has agreed to
indemnify and hold the City harmless from any and all damages,
causes of action, expenses or attorney's fees or damages or
expenses of any kind caused by the erection, maintenance and
operation of the improvements to be constructed by it in said
alley right-of-way; and
WHEREAS, NINTH & COLUMBIA CHURCH OF CHRIST has agreed that
said improvements shall, at the expense of said church, be removed
from the alley at any time the City shall determine that a neces-
sity exists for the removal of said improvements from the right-of-
way.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements recited herein, the City of Plainview, Texas, does hereby
grant and convey to the NINTH & COLUMBIA CHURCH OF CHRIST the right
to construct cement air conditioner compressure pads on a portion of
the alley right-of-way adjacent to the above described property owned
by it. said improvements shall not extend into the alley right-
of-way a distance in excess of three feet.
NINTH & COLUMBIA CHURCH OF CHRIST shall furnish to the City
of Plainview, on an annual basis, a certificate showing that the
Church has in full force and effect a policy of liability insurance
with an insurance company authorized to do business in the State of
Texas, in the amount of not less than THREE HUNDRED THOUSAND AND
NO/100 ($300,000.00) DOLLARS, wherein the City of Plainview has been
named as an additional insured to protect from any liability during,
after or as a result of the construction of the concrete air condi-
tioner compressure pads, for the operation or maintenance of any of
the improvements located on the portion of said alley, said Church
shall maintain such liability insurance in full force and effect at
all times for so long as the improvements shall remain in the alley
right-of-way-
NINTH & COLUMBIA CHURCH OF CHRIST agrees that it shall, at its
own expense, remove such improvements from the alley should the City
council of the City of Plainview determine a necessity exists for the
removal of said improvements from said right-of-way.
CITY OF_ PL~I~EW~ ~ I ~
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