HomeMy WebLinkAboutRES 072517-I - Encroach San Gabriel ParkRESOLUTION NO. () 1 X5 I -I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN
MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE
PLANNING DIRECTOR TO EXECUTE A REVOCABLE LICENSE
AGREEMENT PERTAINING TO THE ENCROACHMENT OF A
SUBSURFACE TELECOMMUNICATION LINE TO ENCROACH INTO SAN
GABRIEL PARK.
WHEREAS, the City of Georgetown (the City) owns real property which is known
as San Gabriel Park; and
WHEREAS, the City has received a request to allow an encroachment into the right of way
of the aforementioned park beginning at a pole located approximately 265 feet east of the
intersection of North Myrtle Street and East Morrow Street, and continuing for
approximately 750 linear feet to relocation of telecommunication line to service the
community of Georgetown, Texas utilizing the area described in the Exhibit "A", attached hereto
(License Area); and,
WHEREAS; the telecommunication line is installed in a trench in such a manner as to
comply with all applicable City Ordinances, and allow for free passage and use of the park
facilities, by the public; and,
WHEREAS, the Licensee agrees to accept the terms of the revocable license agreement as
set forth in the City Code of Ordinances Section 12.09 and to reimburse the City for costs incurred
to process the request in accordance with State law requirements;
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 of this resolution 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.
SECTION 2. The Planning Director is hereby authorized to execute a Revocable License
Agreement in substantially the same form attached hereto as Exhibit "B".
SECTION 3. This resolution shall be effective immediately upon adoption.
Resolution No. O oZ S I
Description: License to Enc each, FiberLight at SGP
Date Approved: —7 �`� D. o ( 7
Page 1 of 2
RESOLVED this
CITY OF GEORGETOWN
day of 2017.
By(�akg—&(11�
Dale Ross, Mayor
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No. 0 -7 a 51 -1 - T
Description: License o Encoa ch, FiberLight at SGP
Date Aprro�ed: S j�8*0
ATTEST:
S�" ) ""
Shelley Not, City Secretary 0
Page 2 of 2
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This is a Revocable License Agreement by and between the City of Georgetown, a Texas
home -rule municipal corporation (hereinafter referred to as "LICENSOR" or "City"), and FiberLight.
LLC, a Delaware limited liability company, whose address is 11700 Great Oaks Way, Suite 100,
Alpharetta, Georgia 30022 (hereinafter referred to as "LICENSEE"). LICENSOR hereby grants a
license to the said LICENSEE to permit a subsurface telecommunication line to cross approximately
7500 sgUare feet of land, as shown on Exhibit "A" attached hereto and incorporated herein by
reference for all purposes (hereinafter referred to as Licensed Area), owned and occupied by the
City of Georgetown, Williamson County, Texas, but such improvements shall at all times not be in
contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such
utility, improvements and other property, and subject to the following terms and conditions:
Neither the granting of the license, nor any related permit, constitutes an abandonment by
LICENSOR of its property, easement or easements, or any other rights in and to the above-
described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of
this license that LICENSEE neither asserts nor claims any interest or right of any type or nature
whatsoever, legal, equitable or otherwise in or to LICENSOR's property.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to
indemnify and defend the LICENSOR and hold it harmless from any and all third party liability, claim,
cause of action, and cost, including attorneys' fees, (collectively "Losses") and including any acts or
omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be
attributable to the granting by the LICENSOR of said license and any supplemental license which
may hereafter be issued in connection herewith including any inspections which may be conducted
in connection with or pursuant to said license or any supplemental license. LICENSEE shall not be
required to indemnify City for any Loss attributable to, or arising from the negligence of the City.
LICENSEE shall pay it's documented pro -rata share of costs of relocation of any public
utilities or facilities which may be incurred as a result of the proposed construction or actual
construction. All relocation and associated reimbursements shall be completed in accordance with
Texas law.
LICENSEE agrees to comply with all laws and ordinances in the construction and
maintenance of said improvements, and specifically shall abide by Chapter 12.09 of the Code of
Ordinances.
A. If an inspection reveals that any part of the structure or facility or other aspect of the
Licensed Area does not comply with applicable terms and provisions of the City Code of
Ordinances, the owner of the structure or facility shall be notified and required to make such
repairs as are necessary in order to comply with the applicable terms and provisions of the
City Code of Ordinances. If LICENSEE refuses to allow the Director, or his designee, to
come upon or enter the Licensed Area for the purpose of making an inspection, he may be
prosecuted under the terms of Chapter 12.09 of the Code of Ordinances, and the Director
may revoke the revocable license for the Licensed Area, and such action shall be final.
B. The City shall have the right at any and all times upon 180 days written notice to the
LICENSEE, its representatives, successors or assigns, to take possession of and use all or
any part of the Licensed Area in the event that such use be needed by the City for street,
sewer, transportation or any other public or municipal use or purpose, and in such event, the
City shall have the right to cancel the revocable license as to that portion of the Licensed
Area so designated and required by the City. LICENSEE shall be permitted to operate its
utility facilities in the normal course of business during the aforementioned 180 -day notice
period. Notwithstanding the above, in no event shall the City take possession or ownership
of the personal property or assets of the LICENSEE. In the event of a revocation of the
license pursuant to this section, City will reasonably assist in locating an alternative location
for LICENSEE's facilities.
C. The LICENSEE shall have the right at any time upon 180 days written notice to the City, to
relinquish the use and possession of all or any part of the Licensed Area as it may so
determine and to cancel said revocable license as to that part so relinquished.
representatives.
E. Upon written consent of the City, acting by and through the Director, the LICENSEE may,
at his sole cost, risk liability and expense (including maintaining public liability and property
damage insurance in the amounts specified in Subsection 12.09.030 DA. of Code of
Ordinances) remove, reroute, reconstruct, lower or raise any existing utility lines, public or
private sewer lines, water lines, including storm sewers, pipes or conduits presently located
within a public street, roadway, sidewalk or easement or the City's right-of-way, provided that
before changing or interfering with any such utility lines as described aforesaid, the
LICENSEE shall notify the respective utility companies and the City, owning or operating the
aforesaid utility lines, concerning any and all changes, modifications, rerouting of or any
interference whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary
changes, modifications, rerouting or interference with the aforesaid utility lines, pipes or
conduits shall be done under the supervision of the representatives of the respective utility
companies or the City, as the case may be.
F. Intentionally Left Blank.
G. Solely as between the City and the LICENSEE, and not for the benefit of any other person,
the LICENSEE, by acceptance of such revocable license, hereby waives any claim he, or
any heirs, successors or assigns might have for damages for loss of lateral support to any
other improvements hereby contemplated which loss of lateral support might be occasioned
by any improvements which the City, its assigns, grantees, or licensees might install or
construct.
H. The LICENSEE, or his successors, assigns, or representatives, by the acceptance of such
revocable license, agree, obligate and bind himself or itself to indemnify and does hereby
indemnify and hold and save forever harmless solely the City, any of its agencies, and any
person, from all third party liability, cost or damage on account of LICENSEE's use,
occupancy and maintenance of any part of a public street, roadway, sidewalk or easement
or the City's right-of-way and the structures and facilities therein, including by way of
example, but not by way of limitation, any buildings, piers, fences, pools, walls, patios, decks
basements, etc. constructed on the surface or the subsurface of any public street or right-of-
way. This indemnity shall continue in force and effect during the existence of any revocable
licenses issued under the provisions of this Chapter. LICENSEE shall not be required to
indemnify City for any liability, cost, or damage attributable to, or arising from the negligence
of the City.
I. No transfer or assignment of any revocable license granted under the terms and provisions
of this Chapter shall be effective unless and until:
1. The LICENSEE has, in writing, advised the Director of the name and mailing address of
the transferee or assignee; and
2. The transferee or assignee has furnished the Director its written agreement to assume
and perform all of the duties, covenants and obligations of the revocable license;
and, thereupon, each provision of the revocable license shall be binding upon, and inure
to the benefit of, the transferee or assignee of the LICENSEE.
3. Notwithstanding the provisions contained in this Section I, LICENSEE may transfer or
assign this agreement without the consent of the City to any entity assuming all or
substantially all of the assets of LICENSEE or a successor in interest to LICENSEE.
J. The breach or violation of any one of the terms, provisions, or conditions set forth in this
Chapter shall be sufficient to constitute grounds for the cancellation and forfeiture of the
revocable license granted under the authority of Chapter 12.09 of the Code of Ordinances.
Subject to Article P below, any such cancellation and forfeiture may be exercised upon 20
days written notice by the City to the LICENSEE, a representative or successor, unless, at
the expiration of such time, any such violation or breach has ceased or the LICENSEE is
proceeding with all diligence and good faith to remedy any such violation or breach and
thereafter continues without delay with such remedial work or correction until such violation
or breach has been completely remedied, and, any person violating any of the provisions of
this Chapter may be prosecuted as provided in Chapter 12.09 of the Code of Ordinances.
1. The proposed use of a public street, roadway, sidewalk or easement or the City's
right-of-way by any person or the abutting land owner shall not interfere with the City's lawful
use thereof.
2. The proposed construction within a public street, roadway, sidewalk or easement
or the City's right-of-way shall be in accordance with the City's Construction Standards,
Unified Development Code, and any other applicable ordinances and regulations.
M. At all times during the construction and building of any structure within a public street,
roadway, sidewalk or easement or the City's right-of-way:
1. The street or highway shall be kept open for vehicular and pedestrian traffic in a
reasonable manner and no obstruction of the sidewalks shall be allowed in such a
way as to prevent the use thereof by pedestrians;
2. Dirt and other material removed from the building and construction of any such
structure within a public street, roadway, sidewalk or easement or the City's right-of-
way shall not be allowed to remain on the street or sidewalk, but all such dirt and
other materials shall be removed immediately at the sole cost, risk, liability and
expense of LICENSEE;
3. All excavations and obstructions of any kind where allowed during the period of
LICENSEE's construction, shall be properly barricaded, and well illuminated during
the night time, all subject to the approval of the Building Official.
N. After the completion of the construction within a Licensed Area, the LICENSEE shall at his
own cost and expense replace any sidewalks and surface of any streets, or improved
surfaces that were damaged or removed in the construction of any structures or facilities in a
condition equally as good as they were immediately prior to the time of excavation or
construction, and all of such sidewalks and streets shall be maintained in a good and
useable condition for one year after said sidewalks or streets have been replaced, all subject
to the approval of the Director. All damage, if any, to said sidewalks and streets caused by
the construction, use, maintenance and operation by LICENSEE shall be repaired by and at
the cost and expense of the LICENSEE. In the event LICENSEE fails or refuses to proceed
with diligence with the performance of any work in connection with the replacement,
rebuilding or resurfacing of streets and sidewalks within 30 days after receiving written notice
from the Director, the City may do such work or cause same to be done, all at the sole risk,
cost, liability and expense of LICENSEE.
O. Intentionally Left Blank.
This license shall expire automatically upon removal of the improvements located upon the
property pursuant to this license.
This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as
indicated by the signature of LICENSEE and the approval thereof by the City.
The license shall be filed of record in the Official Records of Williamson County, Texas.
SIGNED and Agreed to on this day of
LICENSOR:
City of Georgetown
By:
Sofia Nelson, Director,
Planning Department
APPROVED AS TO FORM.
LICENSEE:
By:
Name, Title
FiberLight, LLC
.20
This instrument was acknowledged before me on the day of
20_, by Sofia Nelson in her official capacity as Director of the Planning Department for the City of
Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
y ACKNOWLEDGMENT
COUNTY OF y
This instrument was acknowledged before me on the day of
20_, by , as in his/her official capacity as
on behalf of said corporation.
Notary Public, State of Texas
[Exhibit "A" to Revocable License]
Exhibit "A" to the Revocable License is heretofore attached as Exhibit "A" to the foregoing Resolution
and will be attached accordingly to the original Revocable License prior to execution and recording.
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