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HomeMy WebLinkAboutAgenda Statement 1974/11/12 Item 06AGENDA ITEM N0. [ 6 ] CHULA VISTA CITY COUNCIL MEETING OF; November 12, 1974 ITEM TITLE: Resolution - Approving encroachment permit No. authorizing the use of the public parkways and areas within the public rights-of-way for the installation by residential property owners of temporary Christma decorations INITIATED BY: City Attorney R~('TC(,R(1TTNTl Several years ago, because of a neighborhood dispute on Guava Street, the City received complaints concerning the "illegal" use of the public right-of-way for the placement of Christmas decorations. In response to said complaint, the Council adopted a resolution granting a blanket encroachment permit for the use of said right-of-way by property owners for the installation of temporary Christmas decorations. A similar resolution has been adopted each year since that time and is now presented for Council action. ATTACHED: Resolution [g] Ordinance [ ] Agreement [ ] Plat [ ] See EXHIBITS [X] No. 1 Financial Statement: N.A. Commission-Board Recommendation: N.A. Department Head Recommendation City Manager Recommendation: Adopt resolution N,A. X Encroachment Receipt No. Encroachment Receipt No. Application. Permit Fee Fee Exempt N.A. Exempt N.A. AUTHORIZATION FOR ENCROACHMENT IN PUBLIC RIGHT OF WAY Permit No. 74-48 Pursuant to Article III, Section 27.3, Chula Vista City Code of the City of Chula Vista, permission is hereby granted to residents of the City within residential zones to do work within the public street right of way of the City of Chula Vista. Whereas, it is desirable that the general public be permitted to encroach on the public right of way lying directly adjacent to that property known as residential zones to: Display Christmas decorations in public parkways and in areas within the public rights of way other than streets and sidewalks between November 28, 1974 and January 5, 1975. Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as follows: Permission is hereby granted to install the above mentioned en- croachment on the real property of the City of Chula Vista described above in accordance with the following conditions: 1. Said installation shall, in no way, interfere with any existing utility. Any changes of any utility due to the in- stallation shall be at the sole expense of the permittee. 2. Maintenance, removal, or relocation of the above mentioned installation shall be the sole responsibility of the permittee, lessee, or the representative of the owner, or lessee, or his successor in interest, at no expense to the City of Chula Vista. 3. Said installation shall conform to the standards of the City of Chula Vista and shall conform with the regulations as set forth herein: Resolution No. 7513 Pa e 1 of 2 ~~ _,~ UTHORiZATION FOR ENCROACHMENT IP~1 PUBEIC RIGhT OF '~IAY This permit is revocable upon thirty (30) days notice to the permittee, or his successor in interest, and upon such notice the encroachment must be removed, or relocated, as may be specified by the permittor at permittee's expense at the said time. Permittee hereby agrees to, and shall hold the City of Chula Vista, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which der thise ermmtPewhether~suchaoperations contractors' operations un P be by permittee, or by a sub-contractor, or sub-contractors,oorab~ing any one o~, more persons directlsubrconaractoryormPubycontractors. as agent for permittee, or any Permittee agrees to, and shall defend the City of Chula Vista and its elective and appointive boards, officers, agents and employees, from any suits or actions at law, or inequity for damages caused, or alleged. to have been caused, by reason of the aforesaid operations. The undersigned permittee hereby accepts the foregoing encroach- ment permit upon the terms above set forth and agrees to all of the conditions and covenants on its part ttheeaboveoconditions,sallder- stood and agreed that, in addition to applicable conditions of the City o•n fully vIttasCfurther agreedothatd herein by reference as ~f set out if any part of this interferes with the future use of the street right of way by the general public, it must. be removed, or relocated, as designated by the City, at the expense of the permittee, or his successor in interest. Signed Date CITY ENGINEER OF THE p HUL ~I ST B ~ c Date -r "~ ~ _~