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oRD~c KANCE No .
AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND ERANCNxSE TQ
OPERATING A.S PEBBLES CREEK GOLF COURSE,
....
GRANTEE AND ZTS SUCCESSORS ~I'D ASSIGNS, 0 OWN, MAINTAIN AND
op~R~-TE ACROSS THE ~oL~owrN~ PtTBLIC sTREE
AND WIT xN PUDLYC UTILITY
EASENENT5 CURRENTLY $XZSTING DN GRANTEES PROPERTY IN' THE CITY 0
T XAS SUCH PIPES AND OT ER APPLIANCES,
COLLAGE STATZ~N,_ ~ , ~
STRUCTURES AID FIXTURES H~CESSARY OR CONV NIENT .FOR RENDITION 0
ATION SERVICES; PROVID~HG FOR COHSID RATION; FOR PERIOD QF
IRRIG
GRANT; FOR ASSIG1~NiENT; FOR METHOD OF ACCE ANCE FaR REPEAL OF
NAI~CES AND ~'C}R PARTIAL I ALI DITY . C
CONFLICTzNG ORDI
Q ~
8E xT ORDAINED BY CITY CaUNCxL o THE CITY GF .COLLEGE
STATION, TEXAS :
SECTION 1. G OF RIGHT PRIVxLEGE AND -FRANCHISE FO
INTENAHCB OF IRRIGATIQN LI SAND SERVYC
That the right privilege and franch a .:for maintenance of
f rri titian pipe lines and appliances be nd the same f s hereby ~-~-
g ei of er referred to as
granted to - ~ her,! t
"Pebb es Creek", ...,and its successors, of f i fates and assigns,
sub ect to the terns and conditions herei after set forth, to
own, marotan and operate across the fall wing publis streets:
~~~~'.G'~ and within the public utility ease~aents
currentl'existing on Pebbles Creek grape yin the City of
Y
College Station, Texas, such pipe lines: a d `other appliances
neces ary or convenient for rendition of rrigaton services.
SECTXON 2. SUPERVISION SY CITY OF LOCATI N OF PIPELINES AND
APPLIANCES
That all i e lines placed by Pebble Creek shall be of
p
sound material and reasonably straight an shall be so set that
the will not int,~~rfere with: other utilt'es, drainage .structures.
Y
and so that the same will not ~.nte-Mere w th the ordinary travel..
of the streec~~~and sidewalk. :The relocati n and. re-routing of all
._ :._ _ ~ _.~ _ _ _ ~ ~ ` .. MM~ :.....;...... ' i.,. n~,1~.~.7 n~ '~rno < ~~t ~ 1 1 ~o ctt~-i s!'~i' f"n
SECTION 3 . ST~2~ET5 T4 BE RESTORED TO GDa D ' CONDYTION ~- . ~.
At the re est of City, Pebbles Cree shall locate its Line
w hin 48 hours. In the event that Pebbl es Creek fa~.Ls to locatp-
its lines wth~.n 48 hours, Pebbles Creek aiv~es any claims:.. of
damages :against City.
That the surface of any street ar p tic util~t~ easement
within the Cit disturbed by Pebbhes Cre
y ~.n renewing or
maintaining its irrigation system shall a restored o the
atisfaction-. of the Cit Council or of an
s y City official to whop
such duff es have been made or delegated:, or one .year: from the
date the surface of said street or public ~til ty ease~aent is
broken ~ for such construction or maintenan a work, after .Which
e maintenance res onsibility shall res
tim P with City.( No such
:street or pub~i.c utility easement shall b
.:: encumbered for a
.
eriod longer than shall be necessary to
p
xecute the work.
SECTIaN ` 4 . ANNt~AL CASH CQNSIDERATION TO E PAID -
That o indemnf the City for any a
Y d all possible- daYaages
,
to its streets and publ iC uti l iay Basemen
s which nay resu~a . iron
the acing theref n of Pebbles Creek's pf a .lines :and appl f ance
and to compensate City for its supermen ence of this Agreement, .
- and as the cash 'cansideration for the sam , :Pebbles Creek agrees
to pay to City annually during the contin ance of this Agreement
a swn of money equal to , -.Said
first payment hereunder shall bemade
SECTION `5 . PAYMENT ` OF CASH CUNS IDERATION TO BE IN LIEU OF ANY
OTHER PAYMENTS EXCEPT USUAL ENERAL 0R SPECIA
AD yALOREM TAXES
-That Cit a rues that the considerat
g
Y on set forth in the
.
preceding ection hereof shall be paid. an :received in lieu of
any tax, license, charge, .fee, street or liey rental or any
other character of charge for these .and o cupancy of the streets
and ubI c utility easements of ';City; in
p eu of any pole tax or
other inspection fee tax; in lieu of any asement ar franchise
tax whether levied as ad valarer~ specs o1-` pother character of
tax and in lieu of an im ositon other
Y P han the usual general
or special ad valorem taxes now or hereof ,
er Levied:.. Should City
not have the legal power to agree that th :,payment of the
foregoing cash consideration shall be in l ieu of the taxed,
icenses charges, fees, rental, and ease ent or franchise taxes
aforesaid, then City agrees .that it will a .,:ply so much of said
payment as nay be necessary to the satisfa tion of Pebbles
Creek's obligations, if any, to easement o r franchise taxes.
SECTION 6. N0 EXCLUSIVE PRIVILEGES CONFE ED BY THIS ORDINANCE
. ,
That noth~.n herein contained shall b
g
` Construed as giving
.
to Pebbles Creek `any exciusa.ve pr~.v~.leges.