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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. H :\LEG- D IR \J oseph \0 RD-upa- B IfsLnd .doc 0263:1:1 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 . \ ~ ( t , ~) ,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: ~ o~ O~/ aA~f TA~ Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez (~~ Jesse Noyola Mark Scott H: \LEG- D I R \J oseph \0 RD-upa- B Ifs Lnd.doc 026334