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HomeMy WebLinkAbout025588 ORD - 12/16/2003AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH MINVESCO, L.P. FOR THE RIGHT TO CONSTRUCT AND MAINTAIN A 2-INCH PVC FORCE MAIN THAT WILL EXTEND APPROXIMATELY 394-FEET ALONG THE CROWSNEST AVENUE STREET RIGHT-OF-WAY; ESTABLISHING A FEE OF $544.00; AND DECLARING AN EMERGENCY. 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 Minvesco, L.P. (Owner) for the right to construct, install, operate, and maintain a two-inch (2) PVC force main that will extend approximately 394- feet along an undeveloped portion of Crowsnest Avenue street right-of-way. SECTION 2. That Minvesco, L.P. comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the use privilege agreement: 1. Owner will pay the fair market value fee of $544.00 for this UPA. The force main must be buried three (5) feet from the surface and always maintain that minimum amount of cover. Owner will be solely responsible for all operation, maintenance and removal of the authorized improvements. An engineering permit will be required for any future repairs to the force main within the City right-of-way. The authorization granted by this ordinance is contingent upon Owner presenting an adequate certificate of insurance, subject to approval by the City's risk management division, within sixty days from the date this ordinance is passed. Owner will be required to submit a set of construction drawings of the proposed 2-inch PVC force main to the City Wastewater Department for their review and approval. 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 16th day of December, 2003. H:\LEG-DIR\Joseph\ORD~upa-Minveco.doc ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Approved /)~,,,:.L,,_ ~ ~ r/ ~ , 2003 Joseph IHarney (~ Assistant City Attorney For City Attorney H :\LEG-DI RXJoseph\ORD-upa-Minveco.doc Corpus Christi, Texas t~'N- dayof L~,~¢ -~"~ ~ ~, 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/We, 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. N~al, Jr.~ Ma~/~ 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-DlRUoseph\ORD-upa-Minveco.doc