HomeMy WebLinkAbout029837 ORD - 05/21/2013Ordinance authorizing the City Manager to execute a use privilege
agreement with the Corpus Christi Independent School District
( "Permittee ") to install, operate, maintain, and remove a private two -
inch wastewater force main within the Lipan Street public right -of-
way, subject to the Permittee's compliance with specified conditions.
WHEREAS, the Corpus Christi Independent School District ( "Permittee ") desires
to install, operate, maintain, repair, and remove a private two -inch PVC wastewater
force main within the north side of the Lipan Street public right -of -way between the
Permittee's property located at 2602 Lipan Street and the wastewater connection at
Palm Drive;
WHEREAS, the Permittee has requested, and the City of Corpus Christi ( "City ")
desires to extend, a one -year use privilege agreement ( "Agreement "), renewable for
four additional one -year terms, in order to accomplish the purpose and use intended by
the Permittee within the public right -of -way;
WHEREAS, with proper notice to the public, a public hearing was held on
Tuesday, May 14, 2013, during a meeting of the City Council, during which all interested
persons were allowed to appear and be heard; and
WHEREAS, in accordance with Article IX, Section 1, of the City Charter, the City
Council authorizes the City Manager to enter into the Agreement for the benefit of the
City and the Permittee, subject to the Permittee's compliance with the specified
provisions of the Agreement.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee ( "City Manager"), is authorized to
execute a one -year use privilege agreement ( "Agreement "), renewable for four
additional one -year terms, with the Corpus Christi Independent School District
( "Permittee ") to allow the Permittee to install, operate, maintain, repair, and remove a
private two -inch PVC wastewater force main within the north side of the Lipan Street
public right -of -way between the Permittee's property and the wastewater connection at
Palm Drive, such Agreement at all times subject to the Permittee's compliance with the
conditions specified in the Agreement. A copy of the Agreement is attached to this
ordinance as Exhibit "A," the terms and content of such exhibit being incorporated by
reference into this ordinance as if fully set out herein in its entirety.
SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the
Permittee's compliance with the conditions of the Agreement including, but not limited
to, the provisions specified below:
1. In exchange for the City's authorization for use of the public right -of -way by
the Permittee for the stated purpose, the Permittee agrees to provide the
City with an annual payment of $742.00.
029533'7
INDEXED
2. The Permittee's use of the two -inch PVC wastewater force main is strictly
limited to serving the Permittee's Roy Miller High School Softball Field
restroom /storage facilities on Lipan Street. Permittee may not provide
wastewater service through the force main to any facilities other than the
facilities specified in this section nor may Permittee permit or allow anyone
else to provide wastewater service or any other service through the force
main to any facility whether owned by the Permittee or by another person
or entity.
3. All costs incurred to install, operate, maintain, repair, and remove the two -inch
PVC wastewater force main are the sole responsibility of the Permittee.
The foregoin ordinance was read for the first time and passed to its second reading on
this the I + day of , 20j3 by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
The foreggip rdinance was read for the second time and passed finally on
this the day of � at , 20 1 3 by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
PASSED AND APPROVED this the
ATTEST:
Armando Chapa
City Secretary
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
UPA CCISD RMHS Softball Field Ord vFinal 20130325
q1(1 ,20/3
elda Martinez
Mayor
0 298:)
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