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HomeMy WebLinkAbout025892 ORD - 08/17/2004AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH CHRISTUS SPOHN HEALTH SYSTEM FOR THE RIGHT TO CONSTRUCT, OPERATE, AND MAINTAIN APPROXIMATELY 50 FEET OF SANITARY SEWER FORCE MAIN LOCATED IN THE ELIZABETH STREET RIGHT-OF-WAY AS INDICATED IN THE USE PRIVILEGE AGREEMENT TO SERVE THE CHRISTUS SPOHN SHORELINE HOSPITAL PAVILION AND CRITICAL CARE TOWER; IN CONSIDERATION OF THE DEFERRAL OF CITY SANITARY SEWER MAIN REPLACEMENT, REQUIRING CHRISTUS SPOHN HEALTH SYSTEM TO COMPLY WITH THE SPECIFIED CONDITIONS; 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 Chdstus Spohn Health System (Owner) for the right to construct, operate, and maintain a private force main that will extend approximately 50- feet in the Elizabeth Street right-of-way in consideration of the deferral of City sanitary sewer main replacement. SECTION 2. That Christus Spohn Health System 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: 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. Owner will be required to submit a set of construction drawings of the proposed private force main to the City Engineer for 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 17th day of August, 2004. H:\LEG-DIRUoseph\ORD-upa-Spohn,doc A'I-I'EST: Armando ~ City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr.-'"j//z Mayor C/ Approved as to form ,/~ _, -p /' ~ ,2004 BY:Joseph a~mey Assistant City Attorney For City Attorney H :~LEG-DIRXJoseph\ORD-upa-Spohn.doc Corpus Christi, Texas ,20O4 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: INVe, 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, 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 Scotf H:\LEG-DlR~Joseph\ORD-upa-Spohn.doc