CC Resolution No. 1259 2434
RESOLUTION NO. 1259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING TCI CABLEVISION OF TEXAS, INC. , TO MOVE
AND RELOCATE APPROXIMATELY ONE MILE OF ITS UNDERGROUND
FACILITIES FROM A POINT SOUTH OF CEDAR LANDING DRIVE
ALONG HIGHWAY 146 ; DIRECTING THE CITY CLERK TO SEND
NOTICE OF THIS ORDER TO TCI CABLEVISION OF TEXAS, INC. ;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF .
WHEREAS, Section 8 (a) of the franchise agreement between the
City of Baytown and TCI Cablevision of Texas, Inc. ("TCI" ) provides
that whenever by reason of construction it shall be deemed
necessary by the City Council for TCI to move, relocate or modify
any of its facilities, such change shall be promptly made by TCI
when ordered in writing by the City Council without claim for
reimbursement of cost or damages against the City; and
WHEREAS, the City is currently installing an eighteen inch
(1811 ) sanitary sewer line along State Highway 146 ; and
WHEREAS, at some point after the City began its construction,
TCI laid underground transmission cable within the area subject to
the City' s construction; and
WHEREAS, the City Engineer has determined that it is necessary
for TCI to move and relocate approximately one (1) mile of
underground transmission cable from a point south of Cedar Landing
Drive along State Highway 146 for the purpose of installing the
above-referenced sanitary sewer line; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS :
Section 1 : All matters and facts set forth in the recitals
above are found to be true, and are approved and adopted as the
procedures of the City Council taken prior to the adoption of this
resolution.
Section 2 : The City Council hereby orders TCI to remove
and relocate its facilities as identified by the City Engineer
which interfere with the installation of its sanitary sewer line,
such facilities being located at a point south of Cedar Landing
Drive along State Highway 146 .
2435
Section 3 : The City Clerk is hereby directed to forward
this resolution to TCI so as to satisfy the notice requirement
contained in the franchise agreement between the City and TCI .
Section 4 : This resolution shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ, and PASSED, by the affirmative vote of the
City Council of the City of Baytown this the loth day of August,
"1995 .
PETE C. ALFARO, Mayor
ATTEST: /vn/
GUCPiX�/ i�7 ��
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
i
ACIO RAMIREZ, SR. , C ty Attorney
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