HomeMy WebLinkAboutResolution No. 2007-41 RESOLUTION NO. R2007-41
A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS,
ORDERING THE RELOCATION OR REMOVAL OF CERTAIN
FACILITIES FROM THE PUBLIC RIGHT OF WAY LOCATED AT
THE CORNER OF FM 2351 AND RUSTIC; FINDING THAT IT IS
REASONABLY NECESSARY THAT THE FACILITIES BE
RELOCATED OR REMOVED IN ORDER TO ACCOMMODATE
THE CONSTRUCTION, REPAIR, MAINTENANCE, REMOVAL
AND INSTALLATION OF A CITY AND PUBLICLY FUNDED
PROJECT WITHIN THE PUBLIC RIGHT OF WAY (CLOVER
ACRES DRAINAGE PROJECT); AUTHORIZING AND
DIRECTING THE MAYOR, DIRECTOR OF COMMUNITY
DEVELOPMENT, AND CITY ATTORNEY TO TAKE SUCH
ACTIONS AS ARE REASONABLY NECESSARY TO RELOCATE
AND REMOVE THE FACILITIES FROM THE PUBLIC RIGHT OF
WAY; AND MAHING OTHER FINDINGS AND PROVISIONS
RELATED THERETO.
* * * * * * * * * * * * * * * *
WHEREAS, the City Council of the City of Friendswood, Texas, (the "City") has
determined that it is necessary to improve drainage in the area of FM 2351 and Rustic,
located within the City of Friendswood (Clover Acres Drainage Project); and
WHEREAS, the installation of the facilities for the Clover Acres Drainage Project
makes it reasonably necessary that other utilities, telecommunications facilities and other
similar facilities presently located in the public right of way be relocated or removed in
order to accommodate the construction, repair, maintenance, removal and installation of
the drainage improvements; and
WHEREAS, the City has provided verbal and written notice to AT&T/SWB and
other owners of the utilities, telecommunications facilities, and other similar facilities
presently located in the public right of way, the opportunity to collaborate in advance with
the City and to propose alternatives in order to minimize the cost, schedule the work and
accommodate the removal and relocations of facilities reasonably necessary to
accommodate the City's project; and
WHEREAS, the City has arranged for the relocation and removal of all the
facilities necessary for the project, other than those of AT& T; and
WHEREAS, the City has located three ATT/SWB lines in the bottom of a subject
ditch that will interfere with the project and must be relocated and has notified AT&T
verbally and in writing to relocate the lines;
WHEREAS, the City has not received a response from AT&T and must proceed to
take all measures necessary to abate the condition that interferes with the project; now
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD
THAT:
Section 1. The findings contained in the preamble and recitations of this
Resolution are found to be true and correct.
Section 2. Pursuant to Chapter 78, Section 78-22(d)(5), of the Code of
Ordinances of the City of Friendswood, and any other applicable ordinance or state law,
including Chapter 54 of the Texas Utilities Code, the City Council finds that it is
reasonably necessary to relocate or remove the facilities of AT& T from the subject public
right of way in order to accommodate the construction, repair, maintenance, removal and
installation of the Clover Acres Drainage Project improvements; and
Section 3. The Mayor, Director of Community Development, and City
Attorney are hereby authorized and directed to order the relocation and removal the
facilities of AT& T, or the true owner thereof, within and from the public right of way, at
the licensee's expense, and to take such other action as is necessary to remove from or
relocate in the public right of way such facilities in order to proceed with the City's public
improvement project.
Section 4. Notwithstanding any other provision herein, AT& T shall have
thirty days (30) days following receipt of notification in writing by the City to cure its
failure to timely remove from or relocate in the City right-of-way its facilities, as provided
by section 78-25(b) of the Code of Ordinances of the City of Friendswood.
Section 5. This Resolution is effective immediately.
PASSED, APPROVED, AND ADOPTED this 17th day of December,2007.
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' J. H. Smrth
Mayor
ATTEST:
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D loris McKenzie, T C v �Oo
City Secretary
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