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CONTRACT K-1415-99: A PIPELINE LICENSE BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY COMPANY IN THE AMOUNT OF $4,900 TO BE PAID BY THE DEVELOPER TO ALLOW CONSTRUCTION AND MAINTENANCE OF A SANITARY SEWER LINE LOCATED IN RAILROAD RIGHT-OF-WAY ADJACENT TO CONSTITUTION STREET TO SERVE THE CLASSEN CROSSING DEVELOPMENT.
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BACKGROUND: The Burlington Northern Santa Fe (BNSF) Railway owns and operates the railway system through Norman. Whenever utility systems desire to construct improvements on or under the railway corridor a permit must be obtained from the BNSF. The Norman Utilities Authority (NUA), a trust authority of the City of Norman, operates the public sewer and water systems that commonly cross this corridor. Occasionally, private developers must cross the BNSF corridor to obtain services through the NUA.
This proposed Classen Crossings Apartments and Retail Addition, a Planned Unit Development, is generally located 220 feet south of Constitution Street on the west side of Classen Boulevard. As shown on the attached map, the BNSF Railway right-of way (ROW) parallels its western boundary. Approval of the preliminary plat for the development is dependent upon a viable sewer solution for the 3.93 acre parcel.
DISCUSSION: Sanitary sewer mains will be extended by the developer from the north into this property. Due to the lack of cooperation from the property owners to the north, the developer has requested to use a portion of the BNSF Railroad ROW to construct a sewer line and connect to an existing sewer located adjacent to Constitution Street. Upon completion, the sewer will be dedicated to the NUA. Other gravity sewer solutions are not available to the developer.
Proposed Contract K-1415-99 with the BNSF Railway grants a license to the City of Norman allowing construction and continued operation of the sewer with the BNSF ROW. The developer will construct the sewer and pay all fees ...
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