Meeting Date:              March 9, 2009

From:                           Edward F. Smyth, Jr., Deputy City Manager

Subject:                       Resolutions Approving a License to Permit Fence Encroachment with MI Accommodation Properties and Approving a Notice to Purchasers

Staff Recommendation:

Staff recommends approval of the license with MI Accommodation Properties and approval of the Notice to Purchasers to be recorded.


In early 2008, the City was approached by MI Accommodation Properties for permission to install a fence across the Railroad Right of Way on Talley Road.  They needed to restrict access to the rear of their property adjacent to the RR-ROW to accommodate the security needs of their tenants.  Installing the fence across the RR-ROW would be a low cost alternative to surrounding their property.  Staff requested this fence be of the decorative extruded aluminum variety rather than the proposed chain link fence.  The property owner agreed and the City Manager approved the installation.

The City Attorney later advised staff that a License Agreement was necessary to limit any liability issues that may arise as a result of this fence.  Staff sent the agreement and the Notice to Purchasers to MI Accommodation Properties, and the firm has just recently returned them with the necessary signatures.



1.  Approved the Resolutions as presented; or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

There is no fiscal impact. The fence has been installed and the property owner is maintaining the RR-ROW in conjunction with their other mowing operations.

Submission Date and Time:    3/19/2009 11:43 AM____

Department: Administration

Prepared by:  EF Smyth, DCM                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   _________________________


Attorney Review :       Yes___  No ____


Revised 6/10/04


Reviewed by: Dept. Head ________


Finance  Dept. ______JB__________                                     


Deputy C.M. ________EFS________                                                                         


Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________