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HomeMy WebLinkAbout025570 ORD - 12/09/2003AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH STABIL DRILL CORPUS CHRISTI FOR THE RIGHT TO CONSTRUCT, MAINTAIN AND ALTER APPROXIMATELY 200-LINEAR FEET OF AN 8-FOOT HIGH CHAIN LINK FENCE, ADJACENT TO APPROXIMATELY 700-SQUARE FEET OF BEDDING AND LANDSCAPING AND APPROXIMATELY 1,700-SQUARE FEET OF PARKING LOT AREA, ALL WITHIN THE SOUTH NAVIGATION BOULEVARD STREET RIGHT-OF-WAY; ESTABLISHING A FEE OF $8,427.00; REQUIRING STABIL DRILL CORPUS CHRISTI TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation Code, the City Council makes the following findings; and WHEREAS, the City Council finds that the chain link fence and landscaping will not be located on, or extend onto or intrude into the roadway portion of the South Navigation Boulevard right-of-way or the portion necessary for pedestrian use; WHEREAS, the City Council finds that the installation of the fence will not create a hazardous condition or obstruction of vehicular or pedestrian travel on South Navigation Boulevard; and WHEREAS, the City Council finds that the design and location of the fence includes all reasonable planning to minimize potential injury or interference to the public in the use of South Navigation Boulevard; and WHEREAS, the City Council finds that the use of the fence will not interfere with the public use of South Navigation Boulevard; and WHEREAS, the City Council finds that the use of the fence will not create a dangerous condition on South Navigation Boulevard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with Stabil Drill Corpus Christi for the right to construct, install, operate, maintain and alter approximately 200 linear-feet of an eight (8) foot high chain link fence, adjacent to approximately 700 square feet of bedding and landscaping and approximately 1,700 square feet of parking lot area all within the South Navigation Boulevard street right-of-way. H:\LEG-D1 R\Joseph\ORD-upa-StabDril.doc SECTION 2. That Stabil Drill Corpus Christi comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, including payment of the fee of $8,427.00, and be subject to the following conditions as part of the use privilege agreement: Owner's use of the Use Privilege Improvements must not interfere with City's construction, operation, repair, replacement, or maintenance of any existing or future proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities currently located in said rights-of-way) needs access to the rights-of-way, Owner must pay for removing or relocating the Use Privilege Improvements to allow access to the utility lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the Use Privilege Improvements to their original condition or remove the Use Privilege Improvements at which time this Agreement terminates immediately. City Storm Water Department has no objections to the fencing of the city ROW, however will require that the Owner apply for a UPA for the fencing and cross- over of the City Drainage ROW adjacent to the Stabil Drill property located between 426 and 502 South Navigation Boulevard. If Owner is to sell ail or any portions of his lots at any time, (Lot 3, Block 6, Starcrest Place Unit 2, or the future Lot 1, Block 1, Stabil Tract or any portion of 8.818 acres of land of the north half of a 19.496 acre tract, [also known as Tract 9]) Owner shall be responsible for construction and installation in compliance with city standards, of an 8" wastewater line and an extension of a 12" water line according to City requirements of which Owner has been made aware. City will file and record this Use Privilege Agreement at the Nueces County Courthouse at Owner's expense, to ensure that public interests needing to use the right-of-way and any future owner of the property are aware of the agreement. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 9th day of December, 2003. H:\LEG-DIR\Joseph\ORD-upa-StabDril.doc ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. L~ Mayor Approved /~¢,.~4,~ 2_ ,2003 Joseph Iflarney Assistant City Attorney For City Attorney H:\LEG-DlR\Joseph\ORD-upa-StabDril.doc Co[pus Christi, Texas dayof J2,.t%... ~('- , 2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/VVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, /Samuel L. Near, Jr., City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H :\LEG-DlRLloseph\ORD-upa-StabDril.doc