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HomeMy WebLinkAbout15619 ORD - 07/02/1980• • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY PROVIDING FOR UNDERGROUND UTILITY SERVICE BY CENTRAL POWER AND LIGHT COMPANY IN PARADE PLACE 2 SUBDIVISION, AS MORE FULLY SET FORTH IN THE AGREEMENT A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an agree- ment with Central Power and Light Company providing for underground utility service by Central Power and Light Company in Parade Place 2 Subdivision, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to execute the aforesaid agreement at the earliest practicable date in order that underground utility service may be provided to Parade Place 2 Subdivision creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no or- dinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ay of July , 1980. ATTEST: C Secretary APPROVED: / DAY OF July , 1980: J. BRUCYCOCK. CITY ATTORNEY By Assistant C tttorney 15G19 CITY OF CORPUS CHRISTI, TEXAS LY-yO3 UG Residential CCNTRACT, EASEMENT AND USE RFSTRICPIC S THE STATE OF TEXAS COUNTY OF N[ ES X X This Contract this day made and entered into by and between CENTRAL POWER AND LIGHT COis"ANY, a Texas corporation, hereinafter called "Company," and CITY OF CORPUS CHRISTI • hereinaftez. called "Owner," WITNESSETH: WHEREAS,. Owner .owns and is developing PARADE PLACE UNIT 2 a residential subdivision of the city of r^rpm Christi. Nueces Comity . Texas hereinafter called "Project," to be located on the tract of land described in Exhibit B, which is attached hereto and made a part hereof by reference; and WHEREAS, Company is the certified supplier of electric service in the city of Corpus Christi , and normally extends and furnishes electric service by and through an overhead electric system consisting of primary, secondary, and service electric lines; and NIIE,AS, Owner has requested Company to install.at the Project the underground electric cables, lines, and other facilities des- cribed and identified below in Paragraph 1, instead of the usual overhead electric system, and Company is willing to do so; NOW, THEREFORE, it is agreed as follows: 1. Company will furnish, install, own, maintain, and operate at the Project an Underground System consisting of the following components, as required: primary terminal pole(s) and raceway riser(s) on terminal pole(s); associated primary facilities located between the terminal pole(s) and the service transformer(s) includ- ing the primary cable which will be installed in the trenches and/or raceways to be provided by Owner; necessary padmounted or other Company standard transformer foundation(s) and installation(s), secondary cable between transformer installation(s) and service pedestal(s); and service laterals from transformer(s) or service • pedestal (s) to each dwelling unit; all as shown on the plat of sa::1 Project attached hereto and made a part hereof for .all euroses, and identified as "Exhibit A." Lots 1-11, inclusive of, Block 3 The service laterals.will be installed from time to time as the dwelling units are constructed on lots at the Proiect. For each lot, Company will provide one service lateral as hereinafter specified in Paragraph 2. The Underground System will be installed at the locations and in accordance with the plans shown on said Exhibit A. 2. Owner -will stake all easements and appropriate control points and prepare the site for the installation of. the Underground System prior to actual construction by Company. Owner will furnish all necessary trenching and backfilling for the installation of the Underground System irncluing the primary and secondary cable,• and in addition, Owner will furnish a rigid raceway, constructed in accordance with Company's standards-, when required under paved, enclosed or otherwise inaccessible areas, or when required due to marina construction or unstable soil condition,. All raceway must be specifically approved by Company. Such irstal.lat:ions and routings will be in complete conformance with the drawings and details provided by Company. Trenching and backfilling. for service laterals to the individual dwelling units on the various lots in the subdivision will be performed by the applicant for electric service (hereinafter referred to as "Applicant")*, in accordance_ with the specifications below at such time as the individual dwelling units are. constructed. Applicant will reimburse Company for any additional costo incurred by Company as a result of any local codes, ordinances or soil conditions requirir a higher investment in the service lateral than would be reTiirej under Company's normal installation practices_ * including Owner if Owner is Applicant Li -.5U3 UG k;esidcnLial Sewer lines, which parallel primary and/or secondary electrical raceways or cable will have a horizontal clearance of not less than 24 inches from the sewer line to the nearest electrical raceway. Water, gas, -telephone, cable television, and/or any other foreign utility paralleling primary and/or secondary electrical raceways or cable will have vertical clearance of not less than 12 from the electrical raceway. Where the 12 inch minimum vertical clearance cannot be provided, a 24 inch horizontal clearance from the electrical raceway or cable will be maintained. The above specified minimum clearances will be maintained at the time of initial installation of utilities except where local building officials, codes, or ordinances require other clearances for utility installations in easements. inches All trenches will be a minimum of . 4 inches wide and will be sufficiently deep so as to provide a minimum cover of 48 inches to finished grade for primary racewa» or cable and 36 inches to finished grade for secondary raceway or cable. For each lot, Company will provide a.maximum of ninety feet (90') of service lateral (measured from the lot line to the meter) to be installed in the trenches and/or underground raceways to be provided by the Applicant on service lateral will be paid owned, each lot. Any required additional for by Applicant, but will be installed, operated, and maintained by Company. Company will furnish and Applicant will install, in accordance with Company's standards, one meter socket for each family dwelling unit. • Applicant will furnish and install the service entrance raceway as required by Company, and all secondary distribution facilities beyond the load terminals of the meter. Service entrance feeder(s) and service entrance equipment for each dwelling unit -will have a minimum rating of 150 amperes. -3- •503uG Residential All installations by Owner or Applicant will conform to the current edition of the national Electrical Code together with current revisions thereof and all other applicable codes or ordi- nances. Company will not be obligated to and does not hereby assume a duty to inspect or approve such installations. Owner agrees to indemnify and hold harmless Company for and from all claims for damages to other underground facilities or utilities of any nature, except such claims and damages resulting solely from the negligence of Company. 3. The parties agree and stipulate that only the Underground System will be authorized and installed to serve the lots as shown on Exhibit A. Owner hereby restricts said lots to underground electric service and the parties agree and stipulate that the filing of this instrument in the Deed Records of MIMES County, Texas, will have the same force and effect as.a deed restric- tion running with said lots to the effect that only underground electric service will be furnished thereto, except such overhead facilities as are shown on Exhibit A. Areas in the Project not served from the Underground System will be served by Company from the usual overhead electric distribution system, and areas outside said Project are not covered by this Contract. 4. Owner agrees to indemnify and reimburse Company for any loss or damage suffered by Company to its installed facilities, which loss is caused or occasioned by the willful or negligent acts of Owner, its agents, servants, or employees, or of any independent contractor used by Owner during any construction, reconstruction, or improvement operations on the property described on Exhibit B. 5. The parties agree that Company is obligated to furnish nominal 120/240 volts, single-phase, three -wire, 60 Hertz electric service to the Project. In the event Owner, its heirs, successors or assigns, should desire a different type of service to the Project •5031JG Residential in the future, then Company will have a reasonable time after notice is given that such service is desired in which to submit the terms and conditions upon which it will furnish such service. 6. Company will make underground electric service available and supply the applicants at the above described Project under Company's standard terms and conditions, on standard electric service agreements, at its regular published applicable rates at the nominal secondary service voltage specified in Paragraph 5 hereof, and at the load terminals of the individual meters. 7. Owner hereby grants to Company easements for the Under- ground System and -the overhead electric system in, over, under, and across those parts of the Project which are necessary for the purposes of installation, operation, inspection, repair, main- tenance, replacement, enlargement, renewal, and removal of Company's facilities, as shown on Exhibit A, together with the rights of ingress and egress thereto from any adjacent lands and easements to effect such purposes. All of Company's lines and equipment are to be installed in the -general locations as shown on Exhibit A, which locations are mutually acceptable to the parties hereto. An ease- ment and right of Way are hereby granted to Company for the installa- tion,operation, inspection, repair, maintenance, replacement, renewal, and removal of an underground electric service lateral on and under each of the lots shown on Exhibit A, together with the rights of ingress and egress for such purposes, and will extend in as nearly a direct route as practicable from a point below ground at the meter location on the improvement to a point of connection with Company's facilities shown on Exhibit A, and will be five feet (5') in width. In the event any action by Owner requires relocation of all or any part of Company's facilities, Owner agrees to reimburse Company in full for all of Company's expenses incurred in effecting such relocation. -5 1113 -UG Residential 8. In consideration of Company's installing the Underground System instead of the usual overhead electric system, Owner agrees to pay Company the sum of ONE DCL,LAR AND NO/100 ($1.00) at Company's office in Corpus Christi, Nueces County, Texas, prior to the beginning of construction of the Underground System. 9. Company agrees and declares that nothing contained in this Contract is intended to or will constitute a lien against the above described property, and Company does not have or claim any lien on or against said property under this Contract. 10. This Contract and the benefits and obligations hereof will be binding upon and inure to the benefit of the parties hereto, their heirs, successors, and assigns, as the case may be, and this Contract will not be assigned by either party without the written consent of the other party.. IN TESTIMONY WHEREOF , witness our hands to quadnmlicate originals, this the day of 19 ATTEST: CENTRAL PURER. AND LIGHT COMPANY BY BY City Secretary APPROVED: day of _, 1980 Assistant City Attorney -6- Vice President COMPANY City of Corpus Christi R. Marvin Taansend Title City Manager. OWNER . -593 UG Residential THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day personally appeared Vice President of CENTRAL POWER AND LIGHT COMPANY, a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed. the same 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 , 19 Notary Public in and for Nueces County, TEXAS My Commission Expires - THE STATE OF TEXAS 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, known to me to be the City Manager whose name is subscribed to the foregoing instrument, and acknowledged tome that he executed the same for and as the act and deed of the City of..Corpus Christi, and as City Manager thereof, and for the purposes and consideration therein stated. GIVEN UNIDER MY HAND AND SEAL OF OFFICE, this day of , 19 Notary Public in and for NUECES COUNTY, TE}tAS My Commission Expires: -7 5.28°57" 0°W 5.45' N15°4140°W 44.78' N80°59'50°W F - __ 9749' s-1 5 29 N 28'57'00° E 128022' E• VB. 44[0644 0314404 . 26 n s� 24 17 n 6 310_ POENISCH S28°57'00°W ID 558.62' 5323.38• W St un 12 DRIVE a 15. 9'°E (BST. OHo4m om 528°57'00°W 609.1' PARADE PLACE UNIT 2 GM A 10 CO ACRE 6VBOIVISIMI 0.T PP LOT 6 SECTION 14 FLOUR SLUFF ENC1NAL FARM AND GARDEN TRACTS, VOL. A. PAGES 41. 42.6 43, 000010 CHRIST, TEEM 00 NOTES CURVE DATA p A • 4,09.23 R • 500' T • 1309' L • 2469' © m • 32,0'00" P • 0770' 1 • 2620' L • 4424 0 15 • 3'3446•. 6 • 600' T • 1640' L • 32.02' G • 36.23'02" R • 900' - T • 3139' L • 6040' © A • 32°10'06" Si • 157701 T • 09.70' 1. • TT31 ©p• • 1 66037'3300" R 7 T • 25799' L • 17009' 1 DEVELOPER TO 00 ARO 0407040. ELECTRICAL 00- T6OUTipy 07013-4.06014 PoR 991M627 0000.017065 02(770 FOR 6EC030ART AND STREET .0007 CON- MCTORS. 9. DEVELOPER TO 'STALL 3" OJC7 FOR CROSSINGS WIDER FUTURE STREET0,1105. S. CRL TO STATE CENTERLINE, DP ELECTRICAL OIS- 36I0UTDN 0900, 4 DEVELOPER TO STATE STREET [90650605. CENTRAL Rp19Z0 AND LJONT COLPART IS NEAE0T ORAN9E0 AN EA00319T ARROW OF 11109 ON EAG LOT W SAM 0U0695000 704 AN LRDERG01040 ELECTCAL SER3140 LATERAL, TDOETNER WITH 910673 CF INOSES AND [97752 NR SLG PURPOSES AT 1174 LOGT199 WHERE 9611 SERVICE LATERAL 1S 10 ER OR 0 00TALLE0 AAD MAW" TUNED FRW1 TME TD TIES. LOCATW YUP N T 3. LEGEND PRM01T MDIAORDU10 401LEOUCT 5EC0NOART 08OERGRp660 CAELEDUCT STREET LIGHT CLR011T PAp 06113 1RDI3FORMER SECONDARY SERVICE PEDESTAL TERMOATOR FYOE 0 ARRE9TE0' Furman LAELN71D00 DUCT, ENP17 CPI. PO FUTDIE STREET LIG131 0656EN704. 6316.9919919 EXHIBIT 0A0 1N51ALL 0330.10941.212 ELC OP1CAL 057RDUTION TO PROVIDE 50JTVICE TO PARADE PLACE ,ANT 2, 37LOT9, 10043[0 AT ALAMEDA AND 00405[77 DR, CORPUS C0019T, TEXAS. • CENTRAL POWER AND LIGHT COMPANY.'1�:, 100 0 109 200 CDRNO '5715T1, SSW ' EFJ 1•00 BM 27-6-6015 Corpus Christi, Texas j-ddly of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, Lc MA i i THE C OF CORPUS CHRISTI, TEXAS suspended by the following vote: The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 9— (Lf aAJL — RL n passed by the following vote: QtiP 156