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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 ~ -2-