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.
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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.
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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
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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
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