HomeMy WebLinkAbout027260 ORD - 05/15/2007Page 1 of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH JAMES A. CAPLIN,
M.D., DBA CORPUS CHRISTI ALLERGY AND ASTHMA CENTER
("OWNER"), FOR THE RIGHT TO INSTALL, OPERATE, REPAIR,
REPLACE, AND MAINTAIN ONE PRIVATE 4 -INCH PVC CONDUIT
WITH COMMUNICATION CABLE, APPROXIMATELY 60 -LINEAR FEET
ACROSS THE BAYLOR STREET PUBLIC RIGHT-OF-WAY, BETWEEN
MORGAN AVENUE AND HOSPITAL BOULEVARD, APPROXIMATELY
165 -FEET NORTH OF THE MORGAN AVENUE PUBLIC RIGHT-OF-
WAY; ESTABLISHING A FEE OF $210.00; 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 James A. Caplin, M.D., dba Corpus Christi Allergy and
Asthma Center, `Owner") for the right to install, operate, repair, replace, and maintain
one private 4 -inch PVC conduit with communication cable, approximately 60 -linear feet
across the Baylor Street right-of-way, between Morgan Avenue and Hospital Boulevard;
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 Corpus Christi Allergy and Asthma Center, ("Owner") pay the $210.00 UPA fee
for the private conduit and communication cable installation across the Baylor
Street public right-of-way
2. Owner 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.
3 City Wastewater Department has an existing 8 -inch sanitary sewer line in the
area of construction. approximately 7 -feet deep and will require that the Owner
call for line location, 48 hours prior to the start of construction and the Owner
clean and televise approximately 160 -feet of the 8 -inch sanitary sewer line
between manhole to manhole after installation of the 4 -inch PVC conduit and
cable. The Owner/Contractor will be responsible for replacement of any sanitary
sewer line segments damaged by the boring operation in accordance with the
City Wastewater Department's requirements.
4 No public right-of-ways, or any portion thereof, shall be closed or barricaded to
use by the public until the Owner/Contractor has filed a detour and/or barricading
and/or Traffic Control plan and it has been approved by the Traffic Engineering
Department. five (5) days prior to commencing work
1) 27260
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Owner must obtain an Engineering Permit for any future maintenance or removal
of the private 4 -inch PVC conduit with communication cable.
As -built construction plans to be submitted to the City upon completion of the
underground Improvement installation, showing all conduits with communication
cables within city rights-of-way.
7 Owner 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 shall take
effect upon first reading as an emergency this the 4& of May, 2007.
15
ATTEST:
Armando Chapa
City Secretary
APP*OVED as to form May 10 2007
By:
Cck_.?miGv
a r Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
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Corpus Christi, Texas
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,
Council Members
The above ordinance
Henry Garrett
Brent Chesney
John E Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Respectfully,
trA.d.d.d.did Alf;
enry Garr tt
Mayor
was passed by the following vote:
tt.
bCert
1127260
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