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( .
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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
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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
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027091
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