HomeMy WebLinkAbout027109 ORD - 01/16/2007Page 1 of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH ISLAND FOUNDATION
("OWNER"), FOR THE RIGHT TO INSTALL, OPERATE, REPAIR, REPLACE,
AND MAINTAIN A PRIVATE 2 -INCH PVC FORCE MAIN, APPROXIMATELY
300 -LINEAR FEET ALONG THE EAST SIDE OF THE PALMIRA AVENUE
PUBLIC RIGHT-OF-WAY, AND APPROXIMATELY 170 LINEAR FEET ALONG
THE NORTH SIDE OF A DEDICATED PORTION OF THE MARQUESA
STREET UNIMPROVED PUBLIC RIGHT-OF-WAY TO AN EXISTING CITY
MANHOLE; ESTABLISHING A FEE OF $720.00; 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 Island Foundation ("Owner"), for the right to install,
operate, repair, replace and maintain a private 2 -inch PVC force main approximately
300 -linear feet along the east side of the Palmira Avenue public right-of-way and
approximately 170 linear feet along the north side of a dedicated portion of the
Marquesa Street unimproved public right-of-way to an existing city manhole to provide
wastewater service to its 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. Owner will be responsible for all damage to all existing city and private utilities
within the construction areas
2. Owner must call DIG-TESS a minimum of 48 to 72 hours prior to any excavation
in the Improvement area.
3. That Owner will comply with the required utility separation clearance as stated in
"Paragraph I" of the Use Privilege Agreement.
4. 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.
5. The issuance of a Certificate of Occupancy permit is contingent upon the
completion of the construction of the Force Main.
6. Owner must comply with, and execute all the conditions as set forth in the Use
Privilege Agreement.
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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 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 16th of January, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: January 11 2007
By:
ary . Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Hen Garrett
Mayor
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Corpus Christi. Texas
lift4 Day of � , 2007
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,
'KA LA.A1 4L1 . V,
He 'Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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