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HomeMy WebLinkAbout025930 ORD - 09/14/2004AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A DRAINAGE EASEMENT MAINTENANCE AGREEMENT WITH HOME DEPOT, USA, INC. (OWNER), ALLOVVlNG OWNER THE RIGHT TO USE THE 10 FOOT WIDE (3,660 SQUARE FEET) DRAINAGE EASEMENT BY BUILDING A GARDEN CENTER STRUCTURE OUT OF LOT 'IOR, BLOCK 1, MOORE PLAZA, FROM MANHOLE TO MANHOLE, WITH SPECIFIED CONDITIONS; ESTABLISHING A FEE OF $18,300.00; 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 drainage easement maintenance agreement with Home Depot, USA, Inc., for the right to use the 10 foot wide (3,660 square feet) drainage easement by building a garden center structure, out of Lot 10R, Block 1, Moore Plaza, from manhole to manhole. SECTION 2. That Home Depot, USA, Inc. comply with the terms and conditions of the drainage easement maintenance 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) That the recommended Drainage Easement Maintenance Agreement fee of $18,300.00 be paid by Home Depot, USA, Inc. 2) Home Depot, USA, Inc. Owner agrees to comply with all the specified conditions as set out in the Drainage Easement Maintenance 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 ru~e 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 14t~ day of September, 2004. ATI'EST: THE CITYOFCORPUSCHRISTI City Secretary Samuel L. Neal, Jr. ~/' Mayor H:\LEG-DIR~loseph\ORD-DrM mAg-HomeDepot.doc Approved .~-,,,-,/~.~,.~',,,~ ~ ,2004 Assistant City Attomey For City Attorney H:~LEG-DIRgoseph\ORD-DrMtnAg-HomeDepot.doc Corpus Christi, Texas IL{~'~ dayof ~iT~.~'~..~ ,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: 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 rr-~ Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIRXJoseph\ORD-DrMtnAg-HomeDepot.doc