Res 2012-106 - Laserfiche WebLink

Home Browse Search

RESOLUTION 2012 -106R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF SAN MARCOS, TEXAS AND N. VICTOR AND JUDY FELAN TO PERMIT THE ENCROACHMENT OF A PRIVATE 2" SANITARY SEWER FORCE MAIN INTO SCOTT STREET, A PUBLIC RIGHT -OF -WAY; AUTHORIZING THE MAYOR TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. RECITALS: The property owners, N. Victor and Judy Felan, are constructing a private lift station contained wholly on their property located at 501 Scott Street to service a new residence on the property described in the License Agreement. The 2" sanitary sewer force main requires the use of ten feet of the Scott Street right -of -way. N. Victor Felan and Judy Felan own the property and would own and maintain the 2" force main. 2. The attached License to Encroach would allow the property owners to connect to the City's sanitary sewer system under the terms, conditions and limitations prescribed in the License. The force main does not interfere with the City's utilities or the operation or maintenance of the right -of -way. The Felans have indemnified and released the City and have agreed to pay for the increased cost of construction or maintenance of the city's utilities or right -of -way resulting from the encroachment. 3. Pursuant to the attached License Agreement, the City retains full access and all rights associated with the Scott Street right -of -way. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The terms and conditions of the License Agreement (the "Agreement ") between the City of San Marcos, and N. Victor and Judy Felan are hereby approved. PART 2. The License Agreement is attached to this Resolution. PART 3. The Mayor, Daniel Guerrero, is authorized to execute the License to Encroach Agreement on behalf of the City. PART 4. This Resolution shall be in full force and effect immediately from and after its passage. 1