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HomeMy WebLinkAbout027091 ORD - 12/19/2006Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH KALOGRIDAS AND KALOGRIDAS, LLC AND FIRST COMMERCE BANK ( "OWNER "), FOR THE RIGHT TO CONSTRUCT, OPERATE, REPAIR, REPLACE, AND MAINTAIN A PRIVATE 2 -INCH PVC FORCE MAIN TO EXTEND APPROXIMATELY 448 - LINEAR FEET WITHIN A CITY UTILITY EASEMENT AND THE PALMIRA AVENUE STREET RIGHT -OF -WAY; ESTABLISHING A FEE OF $598.00; 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 Kalogridas and Kalogridas, LLC and First Commerce Bank ("Owner"), for the right to construct, operate, repair, replace and maintain a private 2- inch PVC force main to extend approximately 448 - linear feet within a city utility easement and the Palmira Avenue street right -of -way to provide wastewater service to their development site. 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 The previous owner paid the fee but did not comply with terms of Agreement. UPA fee of $ 598.00 was paid on January 21, 2005, therefore no fee is required. Owner must comply with the required utility separation clearance as stated in Paragraph I" of the Use Privilege Agreement and maintain the minimum norizontal and vertical utility separation requirements as required by Texas Commission on Evironmental Quality. 3 Owner must notify City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies at least 48 hours prior to any construction work. 4 Owner will be responsible for any damage to waterlines and all other existing utilities within the construction areas. 5 Owner must have construction plans prepared and submitted for City review and approval prior to construction. 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. 02 nett( . 1- LEG -'SIR\ Shared\ GaryS\ agenda12006` 12- 19\ ORD- KalagridasUPA- TradewindsBusPark.doc Page 2 of 3 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 shall take effect upon first reading as an emergency this the 19th of December, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garre Clty Secretary Mayor APPROVED as to form December 13, 2006 Assistant City Attorney For City Attorney H ', LEG -DIR \Shared \GaryS \agenda\2006` 12- 19 \ORD- KalagridasUPA - TradewindsBusPark.doc Page 3 of 3 Corpus Christi, Texas Day of \'C�.r 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, Council Members Respectfully, Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia BIII Kelly Rex A. Kinnison Jesse Noyola Mark Scott P\Ao-k-- T` sk 027091 H ' LE G -D IR\Shared\GaryS\ agenda\ 2006 \' 2- 19\ QRD- KalagridasUPA- TradewindsBusPark.doc