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Home My WebLink About026122 ORD - 01/25/2005 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH TRADEWINDS BUSINESS PARK, DBA- STEVE PAULSON PROPERTIES, LP, (OWNER) FOR THE RIGHT TO CONSTRUCT AND MAINTAIN A PRIVATE 2-INCH PVC FORCE MAIN THAT WILL EXTEND APPROXIMATLEY 448 LINEAR FEET WITHIN A CITY UTILITY EASEMENT AND THE PALMIRA AVENUE STREET RIGHT-OF-WAY, ESTABLISHING AN ANNUAL FEE; 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 Temporary Use Privilege Agreement (Agreement) with Tradewinds Business Park, dba- Steve Paulson Properties, LP, for the right to construct, maintain, and remove a private 2-inch pvc force main that will extend approximately 448 linear feet within a city utility easement and the Palmira Avenue street ROWand establishing an annual fee, SECTION 2. That Owner comply with the terms and conditions of the Agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the Agreement: 1. Owner will be required to pay an initial UPA fee of $ 598,00 , The initial payment made with regard to this Agreement will be credited to Owner and be counted against the new annual fee Owner will pay for use of the City right-of-way. 2. Owner understands that this Agreement is temporary and will be revoked and reissued under the City's new pipeline ordinance (#026023, passed on November 16, 2004), Owner agrees to comply with the new pipeline ordinance requirements, including an annual fee for use of the City right-of-way, once they are implemented, 3. Owner must encase the private force main in PVC casing when crossing the Palmira Avenue right-of-way and any existing City water or wastewater lines as stated in "Paragraph K" of the Agreement. 4, Owner must place and maintain permanent type line markers as close as practical over the force main on either side of the Palmira Avenue right-of-way, Markers must contain labeling identifying force main owner. 5. Owner must comply with the required utility separation clearance as stated in "Paragraph I "of the Agreement and maintain the minimum horizontal and vertical utility separation requirements as required by TCEQ, H :ILEG- D I R 11 oseph 10 RD-upa- Trdwnds.doc II n"'" 1/..) , /_ t" ,_ i-- 6, Owner must notify City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies, 48 hours prior to any construction work, 7. Owner will be responsible for any damage to waterlines and all other existing utilities within the construction areas, 8. Construction plans will be prepared and submitted for City review and approval prior to construction. 9. Owner will construct at his cost and will maintain at his cost. An Engineering Permit will be required for any future maintenance and removal of the private 2-inch PVC Force Main. 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 25th day of January, 2005, ATTEST~ Armando Chapa City Secretary Approved as to form only ....4Au..- e. ;) r ,2005 By: ~ Iht Joseph arney Assistant City Attorney For City Attorney H :\LEG-D IR Voseph \0 RD-upa- Trdwnds.doc Corpus Christi, Te as A'-.)1h. day of ,2005 COUNCIL 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, Sa uel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett c::t, ~! vI(, ?;. L( Oje Samuel L. Neal, Jr. Brent Chesney Javier 0, Colmenero Melody Cooper Bill Kelly Rex A, Kinnison Jesse Noyola Mark Scott H :ILEG- D I R IJ oseph 10 RD-upa- Trdwnds .doc I: '? r 1 :~;~