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HomeMy WebLinkAboutR82-531RESOLUTION NO. 1t82-531 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE CITY TO ISSUE A STREET USE PERMIT TO MR. TONY POSTON PROVIDING FOR AN INSURANCE POLICY INDEMNIFY- ING AND HOLDING THE CITY HARMLESS OF ANY LIABILITY INCURRED DURING OR AFTER RESULTING CONSTRUCTION AND AUTHORIZING THE CITY ATTORNEY TO PREPARE NECESSARY LEGAL DOCUMENTS. WHEREAS, Mr. Tony Poston, located at 2803 West 13th Street desires to construct a double carport of which the roofline will overhang public property; and WHEREAS, Mr. Poston has agreed to indemnify and hold the City harmless from any liability incurred as results of installation, maintenance, repair, and use of the carport; and WHEREAS, Mr. Poston has been advised that should the City of Plain- view need to use the right-of-way for any purpose said abtrusion on the City right-of-way shall be removed and the City of Plainview shall not be liable for any damages resulting to the carport or shall 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 be authorized to issue a street use permit to Mr. Tony Poston residing at 2803 West 13th Street, for the purpose of constructing a carport of which roofline will overhang city property. SECTION 2: That Mr. Poston furnish the City of Plainview on a yearly basis, a certificate showing that they have enforced (and shall keep. enforced at all times)~ a policy of liability insurance with an Insurance Company authorized to do business in the State of Texas in the amount not less than $300,000 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 i~' 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 24th day of August, 1982. %%IDL~H~B~R, Mayor ~ALTER S. DODSON, City Clerk