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09-35 RESOLUTION NO. 09-35 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF A 4" FIBER OPTIC CONDUIT IN THE CSX RIGHT-OF-WAY AS PART OF THE HERCULES AVENUE FIBER OPTIC PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater will be installing a fiber optic conduit across the CSX right-of-way at Hercules Avenue as part of the Hercules Avenue Fiber Optic Project; and WHEREAS, appropriate agreements have been prepared; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreements between the City and CSX Transportation, Inc., identified as Wireline Crossing Agreement No. CSX-634515. Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Agreements described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rd day of September ,2009. \ 7l~j/~ Frank V. Hibbard Mayor-Council Member Attest: Camilo A. Soto Assistant City Attorney Resolution No. 09-35