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HomeMy WebLinkAboutRES 930824-U - Agmt Encroach ROW 5th StI a will lin Fe Mc WN Nil, 9 k' WAY, LOCATED ALONG 5TH STREET BETWEEN AUSTIN AVENUE AND MAIN STREET� AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into a public right-of-way-, WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulating, controlling and governing encro.chments-, WHEREAS, in order for a license to be granted by the City Council of the City of Georgetown, the Council must make certain findings of facts; WHEREAS, after hearing the application of the Draeger Motor Company to encroach into the public right-of-way, the City Council of the City of Georgetown, finds the following facts: 1. That the encroachment will not entail a permanent structure that might preclude future access to the right-of-way. 2. That there are no utilities which would be interfered with by the utilization of the property in its present status. 3. That there are no utilities which would interfere with the utilization of the property in its present status. 4. That the property is utilitzed in such a way that the right-of-way is the only economically feasible location for the dumpster. 5. That the encroachment has existed in the past and will be improved by the construction of a fence to shield it from view. WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: Draeger Motor Co. Resolution No.f. 4 low U Page 1 of 3 1. The fact that the encroachment has existed within the public right-of-way and that it is the only economically feasible location for it does constitute special circumstances and conditions affecting the property which if not taken into W1111116011w, lot pill KIRIff;HILIK 'AlM] 11IN 2. The fact that the property owner will build a fence to shield the encroachment from view mitigates its impact. WIIEREAS, the applicants agree to accept the terms of the license agreement as presented to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble o s resolu n are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Development Plan Element, which states: Growth and Physical Development Policy 1, which states "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations." 2. Utilities/Energy Policy 2, which states "The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological imI. ct and the environment; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with the Draeger Motor Company, pertaining to the en- croachment of a dumpster and fence into the public right-of-way area, located on the south side of 5th Street between Austin Avenue and Main Street. The terms of said License Agreement Draeger Motor Co. Resolution No. Page 2 of 3 are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. 11 111! W91"ILO)m Ill.- I , m I ji� 1;1111��11 I I 332= RESOLVED this 94M day of Rao "St- 1993. ATT Elizahet h-6ray Qa-n,tr4- D, L.. CitySecretary 60eP414y) APPROVED AS TO FORM: —4. LQ! City Attorney Draeger Motor Co. Resolution No.i3048244. 14 Page 3 of 3 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor