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Home My WebLink About11633 ORD - 08/15/1973• JRR:HG:jkh:7- 31- 73;lst AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH ATHENA CABLEVISION CORPORATION OF CORPUS CHRISTI, INC., FOR LOCATION OF A TRANSMITTER TOWER AND UNDERGROUND CABLES CONNECTED THEREWITH AT THE SITE OF THE FLOUR BLUFF WATER TOWER, ALL AS MORE FULLY SET FORTH IN THE EASEMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, • SECTION 1. That the City Manager be, and he is hereby, authorized and directed to execute an easement agreement with Athena Cablevision Corporation of Corpus Christi, Inc., for location of a transmitter tower and underground cables connected therewith at the site of the Flour Bluff Water Tower, said easement agreement to be'coterminous with the franchise transferred and granted by Ordinance No. 11,339, passed and approved on March 7, 19739 and this easement is renewable under the same terms and conditions found in the original franchise granted by Ordinance No. 9470, passed and approved on August 27, 1969, for the sum of $350 per year, the terms and conditions of the agreement being more fully set forth in the said Easement Agreement, a copy of which is attached hereto, marked Exhibit "A'l, and made a part hereof. 1 023 EASEMENT AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT, made and entered into this the day of , 1973, by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "City ", and the ATHENA CABLEVISION CORPORATION OF CORPUS CHRISTI, INC., a corporation, hereinafter referred to as "Grantee ": W I T N E S S E T H: That the City, for an in consideration of the sum of Three Hundred Fifty and No /100 ($350) Dollars, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant an easement unto Grantee, the following described location on a parcel of land, located in Nueces County, Texas, being more particularly described as follows, to -wit: A site as indicated on Attachment "A" on property owned by the Water Division located north of Flour Bluff Drive and west of Tex -Mex Railroad lines. Location on site and underground cables to be as indicated on Attachment "A ". Any deviations or modifications must be approved by the Water Super- intendent. A sketch marked as "Exhibit A" is attached hereto and made a part hereof. I The term of this Easement shall be coterminous with the franchise granted by Ordinance No. 11,339, passed and approved on March 7, 1973, and this easement is renewable under the same terms and -conditions found in the original franchise granted by Ordinance No. 9470, passed and approved on August 27, 1969, beginning upon execution hereof by the City and ending upon cancellation of said Sx 8r �� franchise, subject, however, to the right of Grantee to release said Easement by the removal of all improvements located on the premises pursuant to this agreement which are attached to the land and which may be removed without damage to the land or other facilities. Said Easement shall be deemed to be terminated and cancellation shall be effective upon removal of equipment, under- ground structures, etc. Payment of the consideration for this Easement shall be made to the City upon execution of this instrument and then annual- ly thereafter until released. II This Easement shall be made subject to cancellation by the City in the event a determination is made by the City that the premises made the subject of this Easement agreement is required for the expansion and development of the property for other uses by the Water Division. Upon written notice of such a• determination to the Grantee, the Grantee hereby expressly covenants and agrees to relocate or remove any improvements located thereon within twelve (12) months from receipt of said notice. This Easement is further subject to the Grantee holding a franchise from the City in accord- ance with the terms of the aforementioned Ordinances 11,339 and 9470, and in the event such franchise is terminated, Grantee hereby expressly covenants and agrees to relocate or remove, at the City's option, any improvements located thereon within sixty (60) days from the date of such cancellation. III Grantee does, by these presents and by entering upon the land, agree to maintain the land and premises during the term of this Easement in a clean and sanitary condition, without damage to City facilities, and at the expiration thereof to return said pre- mises to the City in as good a condition as received, reasonable use, wear, acts of God, fire and flood damage and destruction excepted. - 2 - • IV Grantee does, by these presents and by entering upon the land, agree to maintain a cable vision relay tower thereon and appurtenances thereto. Grantee further agrees that no improvements are to be built without the approval of the Water Superintendent of the City. V Grantee agrees to abide by the following covenants: A. Grantee warrants that it is self- insured as to liabil- ity to the public and that it will maintain such protection for the benefit of the public by such self- insurance or by maintaining in effect a group liability insurance policy. Grantee further agrees that the City shall not be re- sponsible for damages to property or injury to persons which may arise as a result of or incident to Grantee's operation on the demised premises. B. Grantee does hereby agree to promptly execute and fulfill all of the ordinances of the City pertaining to health, sanitation, and to execute and fulfill all ordinances, orders, and requirements imposed by the Health, Sanitation, Fire, and Police Departments, for the correction, prevention, and abatement of nuisances and /or hazards in, upon, or connected with the operation of cable vision relay station on said premises at Grantee's own expense. C. Grantee further agrees to indemnify and to hold the City harmless from any loss or damage that may occur upon said premises which loss or damage arises by reason of or is connected with Grantee's use of said premises, except loss or damage arising solely from negligence of the City. D. Grantee agrees that it shall erect a tower on said premises that will not constitute an obstruction to aerial navigation. - 3 - • n VI City agrees that Grantee may at the end of the term of this easement remove any and all improvements placed on said premises by Grantee which are unattached to the land and which may be removed without damaging the land. VII City agrees that Grantee has the right of Ingress and Egress. WITNESS the hands of the parties hereto, this the day of , 1973. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager "CITY" APPROVED: Ise DAY OFkK , 1973: Q ATTEST: cretary ATHENA CABLEVISION CORPORATION OF CORPUS CHRISTI, INC. By • THE STATE OF TEXAS X COUNTY OF NUECES X • BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1973. Notary Public In and For Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared of ATHENA CABLEVISION CORPORATION, known , to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Athena Cablevision Corporation, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1973. Notary Public In and For Nueces County, Texas a. i • �,ROADWAY_�? Tn-,R LINE k —r VA x I ro �� PIPIT, lrVr� .; VAUl.T $Y Qf.'ER5 \ n \ III Q y X J _ 7 } 4 O 0 I� O > 20 I 70' r'tl LEl T Ir fn 00' j-!_!!i.'ri �'I l'I'[_�_.'_!. :: �,;�\.�_,- � i 1y.�.. "I "r'ji "I•a r!1 {_ q V �o 0 - f� h, That the foregoing ordinance was read for the first time and passed to its second reading on this the % ST day of 19 7�,3 by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was read for the second time and passed to its third reading on this the day of 19 -%s by the following vote: Jason Luby 4t- o�-�. ,James T. Acuff ////-� Rev. Harold T. Branch •' " o Thomas V. Gonzales Ricardo Gonzales ell Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was read for the third time and passed finally on this the LSD day of 19_Z3 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the /S ATTEST: City Secret APPPnurn- v// 19 /3 MAl� THE CITY OF CORPUS CHRIS , TEXAS