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Home My WebLink About025673 ORD - 03/23/2004AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH VALERO REFINING- TEXAS, L.P. FOR THE RIGHT TO INSTALL, OPERATE, MAINTAIN AND REMOVE ONE 18-INCH RCP STORM SEWER LINE, APPROXIMATELY 35-LINEAR FEET ACROSS KALER DRIVE R-O-W; ONE 24-INCH AND ONE 36-INCH RCP STORM SEWER LINE, APPROXIMATELY 30- LINEAR FEET ACROSS KALER DRIVE R-O-W; ONE 6-INCH WASTE DISPOSAL LINE, ONE 8-INCH FIRE LINE AND ONE 24-INCH ELECTRICAL/COMMUNICATIONS DUCT BANK, APPROXIMATELY 45- LINEAR FEET ACROSS KALER DRIVE R-O-W; ONE 24-INCH ELECTRICAL/COMMUNICATIONS DUCT BANK AND TWO 24-INCH RCP STORM SEWER LINES, APPROXIMATELY 50-LINEAR FEET ACROSS THE CANTWELL LANE R-O-W; ESTABLISHING A FEE OF $4,236.00; 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 Valero Refining- Texas, L.P. (Valero) for the right to install, operate, maintain and remove one 18-inch RCP storm sewer line, approximately 35- linear feet across Kaler Drive R-O-W; one 24-inch and one 36-inch RCP storm sewer line, approximately 30-linear feet across Kaler Drive R-O-W; one 6-inch waste disposal line, one 8-inch fire line and one 24-inch electrical/communications duct bank, approximately 45-linear feet across Kaler Drive R-O-W; one 24-inch electrical/communications duct bank and two 24-inch RCP storm sewer lines, approximately 50-linear feet across the Cantwell Lane R-O-W. SECTION 2. That Valero Refining- Texas, 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. Valero will pay the fair market value fee of $4,236.00 for this U PA. Valero must encase the 8-inch fire line and the 6-inch waste disposal line crossing the Kaler Drive R-O-W. Valero will also construct a concrete casing around the 24-inch duct banks crossing both Kaler Drive and Cantwell Lane street rights-of-way. Valero must place and maintain permanent type line markers as close as practical over the pipelines on either side of the street at each crossing of the public street rights-of-way. Markers must contain labeling identifying pipeline owner and broad description of the product transported in the pipeline. H:\LEG-DIR\Joseph\ORD-upa-Valero2.doc 4. Valero must have a 36-inch minimum depth clearance when constructing the private lines across both the street rights-of-way. Valero must comply with the required utility separation clearance as stated in Paragraph ~. of the UPA. Valero must notify City Water, Wastewater, Gas, and Storm Water Departments, and all private utility companies 48 hours prior to any construction work. Valero will be responsible for any damage to waterlines and all other existing utilities within the construction areas. 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 23rd day of March, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samu'-e1%.. Neal, Jr. Mayor Approved ,2004 By: Joseph ¢larney ~ Assistant City Attorney For City Attorney H:\LEG-DIRUoseph\ORD-upa-Valero2.doc Corpus Christi, Texas .~"~,-~'-day of ~, ,2004 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: lANe, 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, I, Jr.,'Mayor (,/ City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~(~t,~ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ttSLEG-DIR~Joseph\ORD-upa-Valero2.doc PUBLISHER'S AFFIDAVIT State of Texas County of Nueces SS: CITY OF CORPUS CHRISTI Ad # 4900401 PO # Before me, the undersigned, a Notary Public, th~s day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a dady newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-~imes and on the World Wide Web on the Calle~Times Interactive on the 24TH day(s} of MAY, 2004. $78.25 TWCID:2. ) Time(s) Credit Manager Subscribed and sworn to me on the date of MAY 25, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. DS/Corpus Chdsfi~Ma¥ -- NOTICE OF PASSAGE I 002F560~DINANCE NO. Charier 53 - Traffic. Vehicle, by City Co~ ncli of the City C~y 24, 2004