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HomeMy WebLinkAboutCity Council Resolution 1998-243CITY OF PLYMOUTH RESOLUTION 98-243 APPROVING AN ENCROACHMENT AGREEMENT FOR KMC TELECOM II FOR PLACEMENT OF COMM[_]NICATION CABLE IN CITY RIGHTS-OF-WAY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT WHEREAS, KMC Telecom II has requested approval to place communication cables 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 KMC Telecom II to place communication cables in City rights-of-way, subject to the following conditions: 1. KMC Telecom II shall obtain all necessary City approvals prior to constricting such communication cables in City rights-of-way, and such approvals are not abrogated by this encroachment agreement. 2. KMC Telecom II shall reimburse the City for all attorney fees associated with the preparation and review of this encroachment agreement. Adopted by the City Council on April 15, 1998. 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 March 4, 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