HomeMy WebLinkAbout1991-1898 - Ordinance - 06/27/1991ORDINANCE NO. 1898
AN ORDINANCE AMENDING SECTION 13 OF ORDINANCE NO. 1891 GRANTING
THE RIGHT, PRIVILEGE, AND FRANCHISE TO PEBELE CREEK DEVELOPMENT
COMPANY TO OWN, MAINTAIN, AND OPERATE SUCH PIPES AND OTHER
APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR
RENDITION OF IRRIGATION SERVICES ACROSS ROCK PRAIRIE ROAD AND
OTHER PUBLIC STREETS WITHIN THE GRANTEE'S PROPERTY AND WITH THE
PUBLIC UTILITY EASEMENTS CURRENTLY EXISTING ON GRANTEE'S PROPERTY
IN THE CITY OF COLLEGE STATION, TEXAS.
WHEREAS, on the 11th day of April, 1991, the city Council adopted
Ordinance No. 1891 granting the right, privilege, and franchise
to Pebble Creek Development Company to own, maintain, and operate
such pipes and other appliances, structures and fixtures
necessary or convenient for rendition of irrigation services
across rock prairie road and other public streets within the
grantee's property and with the public utility easements
currently existing on Grantee's property in the City of College
Station, Texas;
WHEREAS, Pebble Creek failed to sign the franchise agreement
within the sixty (60) day time period for signature, as required
in Section 13 of the franchise agreement; and
WHEREAS, Pebble Creek still desires to have a franchise and the
City wishes to accommodate Pebble Creek by amending the Ordinance
to allow more time for signature by Pebble Creek;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, That Section 13 of Ordinance No. 1891 is hereby
amended to read as follows:
"SECTION 13. ACCEPTANCE OF AGREEMENT.
That Pebble Creek shall have one hundred twenty
(120) days from and after the final passage and
approval of Ordinance No. 1891 to file its written
acceptance thereof with the City Secretary, and
this ordinance shall take effect and be in force
from and after the date of its acceptance, and
shall effectuate and make binding the agreement
provided by the terms hereof."
PASSED, ADOPTED AND APPROVED this the 27th day of June, 1991.
APPROVED:
LETTER OF ACCEPTANCE OF FRANCHISE
This Letter will serve as my/our formal acceptance of the
terms and conditions of the franchise agreement granted to PEBBLE
CREEK DEVELOPMENT, operating as Pebble Creek Golf Course, on
April 11, 1991, by the City of College Station by enactment of
Ordinance No. 1891 for the purpose of owning, maintaining and
operating across 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 such pipes and other appliances, structures and
fixtures necessary or convenient for rendition of irrigation
services as set forth in said ordinance. This ordinance took
effect on April 11, 1991, and expires on April 10, 1996.
I acknowledge that failure to file this written acceptance
with the City Secretary within the number of days provided for
acceptance in the franchise will result in expiration of the
franchise.
PEBBLE CREEK DEVELOPMENT COMPANY
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