HomeMy WebLinkAbout026334 ORD - 07/12/2005
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH BL REAL ESTATE
HOLDING COMPANY, LP (OWNER) FOR THE RIGHT TO CONSTRUCT
AND MAINTAIN A PRIVATE 2-INCH PVC FORCE MAIN TO EXTEND
APPROXIMATELY 60 LINEAR FEET ACROSS THE WYNDALE DRIVE
STREET RIGHT-OF-WAY AND APPROXIMATELY 10 LINEAR FEET
WITHIN THE CLAUDIA DRIVE RIGHT-OF-WAY, LOCATED JUST EAST
OF LAGUNA SHORES ROAD AND NORTH OF MARTHA DRIVE;
ESTABLISHING A FEE OF $220.00; 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 BL real Estate Holding Company, LP (Owner) for the right
to construct and maintain a private 2-inch PVC force main that will extend approximately
60 linear feet across the Wyndale Drive street right-of-way and approximately 10 feet
within the Claudia Drive right-of-way, located just east of Laguna Shores Road and
north of Martha Drive.
SECTION 2. That Owner will 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 $220.00 for this UPA.
2 Owner must have a 36" minimum depth clearance when constructing the private
lines across both the street rights-of-way.
3 Wastewater Department is requiring that the Owner rehabilitate the sanitary
sewer manhole located on Claudia Drive. No other taps will be allowed and existing
taps be plugged. The private 2" force main will be discharged towards a downstream
direction and the force main will be located at the bottom of the manhole. All work and
improvements are to be done at the Owner's expense.
4. Owner must place and maintain permanent type line markers as close as
practical over the force main on either side of the Wyndale Drive right-of-way, Markers
must contain labeling identifying force main owner.
5. That Owner will comply with the required utility separation clearance as stated in
"Paragraph I "of the Use Privilege Agreement and maintain the minimum horizontal and
vertical utility separation requirements as required by TCEQ.
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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 its cost and will maintain at its 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 12th day of July, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Arman~?c:~/-
City Secretary
Approved
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,2005
By: . (A ({______
Josep Harney' ()
Assistant City Attorney
For City Attorney
fI :ILEG- D IR IJoseph 10 RD-upa- B IfsLnd.doc
Corpus Christi, Texas
\ ~ "'d-ay of 5~- 2005
TO THE MEMBERS OF THE Ci Y 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: IlWe, 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.
Respectfu lIy,
Respectfully,
Council Members
The above ordinance was passed by the following vote:
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Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
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Jesse Noyola
Mark Scott
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026334