To: Mayor and City Council
From: Aaron Rector, City Manager
Subject:
Title
Consider a resolution authorizing the City Manager to execute the Fifth Amendment and Modification to the License Agreement with Joseph E. McCombs, relating to the installation of a spring water pipeline within the rights of-way owned by the City of Keller.
Action Requested:
Consider a resolution authorizing the City Manager to execute the Fifth Amendment and Modification to the License Agreement with Joseph E. McCombs, relating to the installation of a spring water pipeline within the rights-of-way owned by the City of Keller.
Background:
The original License Agreement between the City of Keller and Joseph E. McCombs, owner of Samantha Springs, dated August 28, 1995, allowed Mr. McCombs to install a spring water pipeline within the rights-of-way owned by the City of Keller. The purpose of installing a spring water pipeline was for transporting water from the spring, located at 1251 Robin Drive, to the bottling facility or wholesale distribution point, located at 712 North Main Street. The initial term of the License Agreement was for a period of twenty (20) years or upon termination by Mr. McCombs.
A copy of the Fourth Amendment and Modification to the License Agreement with Joseph E. McCombs, relating to the installation of a spring water pipeline within the rights-of-way owned by the City of Keller is enclosed with this packet.
As per the License Agreement, there is a spring waterline running from the Samantha Springs to the bottling facility/wholesale distribution point via Bourland Road. Mr. McCombs submitted a Special Use Permit to operate a booster pump station utility structure for Samantha Springs, located on the west side of the Bourland Road right-of-way, approximately 150 feet north of the Lavena Drive and Bourland Road intersection, at 425 Lavena Drive, that was approved by Ordinance No. 1477, dated October 6, 2009. This Fourth Amendment and Modification to the License Agreement simply confirms that said amendment includes the right to install the underground booster pump station.
Financial Impact:
This will allow Mr. McCombs to pump more spring water to his wholesale distributing plant, located at 712 Main Street in the City of Keller. This should increase the economic benefits to the owner and to the City.
Legal Review:
The City Attorney has reviewed the attached resolution and Fourth Amendment and Modification to the License Agreement with Joseph E. McCombs, relating to the installation of a spring water pipeline within the rights of-way owned by the City of Keller
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Denial