The URL can be used to link to this page

Home My WebLink About1991-1891 - Ordinance - 04/11/1991ORDINANCE NO. ~§?i AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE, AND FRANCHISE TO PEBBLE CREEK DEVELOPMENT COMPANY, OPERATING AS PEBBLE CREEK GOLF COURSE, GRANTEE, AND ITS SUCCESSORS AND ASSIGNS, TO OWN, MAINTAIN AND OPERATE ACROSS THE FOLLOWING PUBLIC STREETS: ROCK PRAIRIE ROAD, AND OTHER PUBLIC STREETS WITHIN THE GRANTEE'S PROPERTY AND WITHIN THE PUBLIC UTILITY EASEMENTS CURRENTLY EXISTING ON GRANTEE'S PROPERTY IN THE CITY OF COLLEGE STATION, TEXAS, SUCH PIPES AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF IRRIGATION SERVICES; PROVIDING FOR CONSIDERATION, FOR PERIOD OF GRANT, FOR ASSIGNMENT, FOR METHOD OF ACCEPTANCE, FOR REPEAL OF CONFLICTING ORDINANCES, AND FOR PARTIAL INVALIDITY. WHEREAS, the City Council of the City of College Station, Texas, desires to grant the right, privilege, and franchise to Pebble Creek Development Company, operating as Pebble Creek Golf Course, to own, maintain, and operate across Rock Prairie Road and other streets in the developed area pipes and other struc- tures for irrigation; and WHEREAS, the City at such public hearing invited any inter- ested person or his attorney to appear and contend for or against the granting of the proposed franchise; and WHEREAS, at such hearing recommendations were given as to what health requirements should be followed and maintained for the franchise, what procedures should be followed in case of a health risk, what construction procedures should be followed, and how many years such franchise should last; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. GRANT OF RIGHT. PRIVILEGE AND FRANCHISE FOR MAINTENANCE OF IRRIGATION LINES AND SERVICE. That the right, privilege and franchise for main- tenance of irrigation pipelines and appliances be, and the same is hereby granted to Pebble Creek Development Company (hereinafter "Pebble Creek") and its successors, affiliates and assigns, sub- ject to the terms and conditions hereinafter set forth, to own, maintain and operate across Rock Prairie Road and other public streets within the Pebbles Creek Subdivision and within the public utility easements currently existing on Pebble Creek property in the City of College Station, Texas (hereinafter "City"), such pipelines and other appliances necessary or convenient for ren- dition of irrigation services. Such irrigation Ordinance No. ~.~91 Page 2 plpelines and appliances shall be used only for irrigation of the Pebble Creek Golf Course and shall not be used for any other purpose. SECTION 2. CITY SUPERVISION OF MATR~IALS_ PIPELINES. AND APPLIANCES. That all aspects of the Pebble Creek franchise, including all plats, replats, pipe locations, pipeline relocations, and materials used shall meet City specifications and be subject to City inspection and approval. All pipelines placed by Pebble Creek shall be of sound material and rea- sonably straight and shall be set so that they will not interfere with other utilities and drainage structures and so that the same will not interfere with the ordinary travel of streets and sidewalks. The location, relocation, and rerout- lng of all pipelines and appliances by Pebble Creek shall be subject to and constructed in accordance with the requirements and design criteria for irrigation and sewerage systems of the National Plumbing Code, the Texas Health Department, the Texas Water Commission, and the regulation, control, and direction of the City through the City Council or its designated City official. A City official from Public Utilities shall conduct an annual inspection of the Pebble Creek irrigation system to determine compliance with this Ordinance. That the City Council or its designated City official shall have the authority to require the relocation of any pipelines or appliances and/or the stoppage of irrigation in the event of (1) a violation of the National Plumbing Code, (2) a violation of requirements and design criteria of the Texas Health Department and/or the Texas Water Commission, (3) a violation of this franchise agreement, (4) a threat to the health, safety or welfare of the residents of the City of College Station as determined by the City, or (5) City facilities such as City utility lines need to be installed or replaced and the location of such lines cross or are interfered with by the Pebble Creek pipelines or appliances. Such relocation or stoppage of irrigation shall be at the expense of Pebble Creek. That approval of this franchise by the City is conditioned on Pebble Creek obtaining a Texas Water Commission permit for the Pebble Creek Golf Ordinance No. ~91 Page 3 SECTION 3. SECTION 4. Course project. Pebble Creek shall furnish City with a copy of the permit. That the location of underground electrical lines near such pipelines shall be marked, paid for, and maintained by the City. That Pebble Creek use only grey pipes for pipelines necessary or convenient for rendition of irrigation services, place grey signage declaring the irrigated water as non-drinkable throughout the irrigated golf course area and by all hose bibs, and use only grey hose bibs throughout the irrigated golf course area. STREETS TO BE RESTORED TO GOOD CONDITION. That at the request of City, Pebble Creek shall locate its pipeline(s) within 48 hours. In the event that Pebble Creek fails to locate its pipelines within 48 hours, Pebble Creek waives any claims of damages against City. Pebble Creek shall notify City and other utility companies at least forty eight (48) hours prior to working in public utility easements existing on Pebble Creek property. That the surface of any street(s) or public util- ity easement(s) within the City disturbed by Pebble Creek in renewing or maintaining its irri- gation system shall be restored to the satisfac- tion of the City Council or of any City official to whom such duties have been made or delegated, for one year from the date the surface of said street or public utility easement is broken for such construction or maintenance work, after which time maintenance responsibility shall rest with City. No such street or public utility easement shall be encumbered for a period longer than shall be necessary to execute the work. When it is de- termined that any street(s) within the City must be disturbed by Pebble Creek to renew or maintain its irrigation system, such street(s) shall be bored and not cut. Cutting a street shall only be allowed if boring is not possible and if a City permit is obtained. ANNUAL CASH CONSIDERATION TO BE PAID. That to indemnify the City for any and all possi- ble damages to its streets and public utility easements which may result from the placing therein of Pebble Creek's pipelines and appliances Ordinance No. 1891 Page 4 SECTION 5. SECTION 6. SECTION 7. and to compensate City for its superintendence of this Agreement, and as the cash consideration for the same, Pebble Creek agrees to pay to City annually during the continuance of this Agreement a sum of money equal to One Hundred Dollars ($100.00). Said first palr~ent hereunder shall be made July 1, 1991, and subsequent payments shall be due on January i each year. PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL. GENERAL OR SPECIAL AD VA?nREM TAXES. That city agrees that the consideration set forth in the preceding section hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or any other character of charge for these and occupancy of the streets and public utility easements of City; in lieu of any poll tax or other inspection fee tax; in lieu of any easement or franchise tax, whether levied as ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or special ad valorem taxes now or here- after levied. Should City not have the legal. power to agree that the payment of the foregoing cash consideration shall be in lieu of the taxes, licenses, charges, fees, rental, and easement or franchise taxes aforesaid, then City agrees that it will apply so much of said payment as may be necessary to the satisfaction of Pebble Creek's obligations, if any, to easement or franchise taxes. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE. That nothing herein contained shall be construed as giving to Pebble Creek any exclusive privi- leges. LIABILITY. That Pebble Creek shall indemnify and hold harm- less City from any and all claims for losses, dam- ages and injuries arising out of the operations of Pebble Creek and use of public right-of-way and property in conducting Pebble Creek's operations. Further, in the event of litigation, Pebble Creek shall pay any attorney's fees as may be incurred by City in enforcing the provisions of this fran- chise agreement. Ordinance No. 1891 Page 5 SECTION 8. SECTION 9. SECTION 10. SECTION 11. REGULATION. That the City reserves to itself exclusively the power to regulate Pebble Creek to the full extent such power is conferred by law. That during business hours, Pebble Creek shall be open to City Council or its designated City offi- cial for the inspection of contracts, books of account, and cost operating records pertaining to its operations covered by this franchise. SUCCESSORS. AFFILIATES. AND ASSIGNS. That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors, affiliates, and assigns. PARTIAL INVALIDITY AND REPEAL PROVISIONS. That if any section, sentence, clause, or phrase of this Ordinance is for any reason held to be illegal, ultra vires, or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this Ordinance. All ordi- nances and agreements and parts of ordinances and agreements in conflict herewith are hereby re- pealed. INSURANCE. That Pebble Creek shall acquire and maintain Gen- eral Liability Insurance and Pollution Liability Insurance both in the minimum amount of $500,000 for the term of this franchise, and that Pebble Creek shall name the City on both insurance poli- cies as an additional insured party. Pebble Creek shall give at least fifteen (15) days written no- tice to the City before either insurance policy is changed, altered, or terminated in any way. SECTION 12. TERM. That the term of this franchise shall be for ten (10) years. Ordinance No. ~§~1 Page 6 SECTION 13. ACCEPTANCE OF AGREEMENT. That Pebble Creek shall have sixty (60) days from and after the final passage and approval of this Ordinance in accordance with Charter Section 120 to file its written acceptance thereof, with the City Secretary, and upon each acceptance being filed, the date of its acceptance, and shall ef- fectuate and make binding the agreement provided by the terms hereof. PASSED, ADOPTED, and APPROVED this the llth day of April , 1991. ATTEST: City Secretary APPROVED: First Consideration & Approval: 3/14/91 Second Consideration & Approval: 3128/91 Third Consideration & Approval: 4/11/91