HomeMy WebLinkAbout026959 ORD - 08/29/2006AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH NAISMITH
ENGINEERING, INC., (OPERATOR) FOR THE RIGHT TO INSTALL,
OPERATE, REPAIR, REPLACE, AND MAINTAIN A 4 -INCH PVC PIPE
FOR THE PERMITTED DISCHARGE OF TREATED GROUNDWATER
FROM A LEAKING PETROLEUM STORAGE TANK REMEDIATION
SYSTEM, LOCATED AT 3030 MARTIN LUTHER KING DRIVE,
APPROXIMATELY 9 FEET WITHIN THE NUECES BAY BOULEVARD
RIGHT -OF -WAY TO AN EXISTING CITY STORM SEWER INLET;
ESTABLISHING A FEE OF $575.00; 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 Naismith Engineering, Inc., (Operator) for the right to
install. operate, repair replace, and maintain a 4 -inch PVC pipe for the discharge of
treated groundwater, permitted by the Texas Commission on Environmental Quality,
from a leaking petroleum storage tank remediation system, located at 3030 Martin
Luther King Drive, approximately 9 feet within the Nueces Bay Boulevard right -of -way to
an existing city storm sewer inlet.
SECTION 2 That Operator 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. Naismith Engineering, Inc.. (Operator) pay the $575.00 UPA fee for the
installation of the 4 -inch PVC pipe for approximately 9 feet within the Nueces Bay
Boulevard right -of -way.
2. Operator will be responsible for any damage to the existing storm sewer inlet and
all other existing utilities within the construction areas.
3. Operator must place a 90 degree connector on the 4 -inch RVC pipe leading into
the storm sewer inlet to prevent any discharge from escaping the inlet.
4. Gas Department has an existing 6" wrapped steel pipeline in the area and will
require that Operator call DIG -TESS a minimum of 48 to 72 hours prior to any
excavation in the improvement area.
5. That Operator will comply with the required utility separation clearance as stated
in "Paragraph I "of the Use Privilege Agreement.
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6 Operator must notify City Water, Wastewater, and Storm Water Departments and
all private utility companies 48 hours prior to any construction work.
7. An Engineering Permit will be required for any future maintenance and removal
of the 4 -inch PVC discharge pipe.
8. The discharge pipe will be in use for one (1) year, or until the subject property no
longer requires the system remediation, which ever comes first. The Director of
Development Services may extend the time limit for an additional year if
extenuating circumstances outside the Operator's control necessitates an
extension. Upon closure of the subject property, the discharged pipe will be
plugged. An Engineering Permit will be required for any future maintenance and
removal of the 4 -inch PVC discharge pipe.
9. Operator agrees to comply with all the specified conditions and provisions as set
out in the Use Privilege Agreement.
SECTION 3 That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 29th day of August, 2006.
ATTEST: CIT a F CORPUS CHRISTI
//tc5r6.
Armando Chapa
City Secretary
Approved. August 24, 2006
By:
Gary W. omith
Assistant City Attorney
For City Attorney
enry Gar
Mayor
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Corpus Christi, Texas -
day of
, 2006
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: 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,
enry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
C6Z7
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
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