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HomeMy WebLinkAboutCity Council Resolution 1998-098CITY OF PLYMOUTH RESOLUTION 98-98 APPROVING AN ENCROACHMENT AGREEMENT FOR CELLNET DATA SERVICES, INC. FOR PLACEMENT OF RADIO TRANSMITTERS AND RECEIVERS IN CITY RIGHTS-OF-WAY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT (97176) WHEREAS, CellNet Data Services, Inc. has requested approval to place radio transmitters and receivers in City rights-of-way; WHEREAS, the City has authority to grant encroachment to its rights-of-way only as expressly specified in applicable law; however, the City makes no representation, guaranty, or warranty with respect to its title or interest in said rights-of-way. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the encroachment agreement for CellNet Data Services to place radio transmitters and receivers in City rights-of-way, subject to the following conditions: 1. CellNet shall obtain all necessary City approvals prior to erecting any radio transmitters and receivers in City rights-of-way, and such approvals are not abrogated by this encroachment agreement. 2. CellNet shall reimburse the City for all attorney fees associated with the preparation and review of the encroachment agreement. Adopted by the City Council on February 18, 1998. Resolution 98-98 Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on February 18, 1998, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk