HomeMy WebLinkAbout19988 ORD - 09/29/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
THE DIOCESE OF CORPUS CHRISTI TO ALLOW THE INSTALLATION OF A
2 -INCH PRIVATE GAS MAIN IN PORTIONS OF THE 10 -FOOT WIDE
PUBLIC UTILITY EASEMENT IN LOT 4, SECTION 8, BOHEMIAN COLONY
LANDS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
Use Privilege Agreement with the Diocese of Corpus Christi to allow the
installation of a 2 -inch private gas main in portions of the 10 -foot wide public
utility easement in Lot 4, Section 8, Bohemian Colony Lands, which is the site
of the Villa Maria Housing Project, all as more fully set forth in the Use
Privilege Agreement, a substantial copy of which is attached hereto and made a
part hereof, marked Exhibit "A."
SECTION 2. That 'upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned Use Privilege Agreement at the earliest practicable
date, such finding of an emergency is made and declared requiring suspension of
the Charter rule as to consideration and voting upon ordinances at three regular
meetings so that this ordinance is passed and shall to effect up first
reading as an emergency measure this the o251 day of
19 37 .
ATTEST:
jba'f/l.��L
City Secretary MA IR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: l6 DAY OF S f2tr , 19 S%
HAL GEORGE, CITY ATTORNEY
By
08P.070.01
19988 MICROFILMED)
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
That, the City of Corpus Christi, Texas, acting by and through its duly
authorized City Manager, Craig A. McDowell, for and in consideration of the
sum of Ten ($10.00) Dollars to it in hand paid by the Diocese of Corpus
Christi, hereinafter referred to as Grantee, the receipt of which is hereby
acknowledged, has granted and conveyed, and by these presents does grant and
convey, upon the conditions herein set forth, unto the said Grantee the right
to install, construct, operate, keep and maintain or encroach into public
utility easement, a 2" diameter private gas main, all as fully described on
the site plan marked "Exhibit A", attached hereto and made a part hereof.
The use privilege hereby granted to the said Grantee, its successors and
assigns, shall include the right and privilege at any and all times to enter
upon the right-of-way or easement as shown on Exhibit A for the purpose of
constructing, keeping, maintaining said gas main and it is further understood
that the foregoing easement and right is granted upon the following conditions
and terms:
1. Grantee shall prepare and deliver to the Director of Engineering
Services, prior to execution of this agreement, plans and specifications for
all work proposed to be constructed which shall be subject to approval by the
Director of Engineering Services.
2. Grantee shall provide a map or survey accurately depicting the
location of the gas main, its position in relation to the effected
right-of-way, its height, depth, width and other dimensions, conditions and
information relating to the impact such object will have on the use of the
right-of-way for its dedicated purpose and use.
3. It is understood and agreed that the right and easement herein
granted may be revoked at any time by the City of Corpus Christi, and Grantee
may be required to remove the aforesaid gas main upon receipt of sixty (60)
days notice in writing.
4. Grantee shall repair or cause to be repaired any damage to any
street, sanitary sewer, storm sewer, drainage facility, underground lines,
wires or pipes owned by the City of Corpus Christi or holders of any franchise
from the City, by reason of such construction or keeping of said structure,
fixture or encroachment and the operation and maintenance thereof. Grantee
shall apply to the Department of Engineering for a permit before disturbing
any part of any easement area and perform the work in accordance with this
permit and all City ordinances applicable.
5. All rights granted hereby shall be subordinate to all uses as the
City may make of any such street right-of-way, easement or other land used for
public purposes. Grantee shall adjust or relocate the above described
gas main, if necessary, for the present or future construction of any public
utilities, or change in street grade or patterns on the streets or for any
other reason of the City stated in writing to Grantee, at the points above
described.
6. Grantee shall fully indemnify, save and hold harmless the City of
Corpus Christi, its officers, employees, and agents (hereinafter "the
Indemnitees") against any and all liability, damage, loss, claims, demands and
actions of any nature whatsoever on account of personal injuries (including,
without limitation on the foregoing workers' compensation and death claims),
or property loss or damage of any kind whatsoever, which arise out of or are
Villa Maria Use Privilege Agreement
Page 1 of 2
in any manner connected with or are claimed to arise out of or be in any way
connected with, the performance of this Agreement, unless such injury, loss or
damage shall be caused by the sole negligence of Indemnitees. Grantee shall
at its own expense investigate all such claims and demands, attend to their
settlement or other disposition, defend all actions based thereon and pay all
charges of attorneys and all other costs and expenses of any kind arising from
any such liability, damage, loss, claims, demands, and actions.
7. This conveyance and agreement, and all of the terms and provisions
hereof, are covenants running with the aforementioned land, and shall bind and
inure to the benefit of Grantor and Grantee and the respective lessees,
licensees, successors and assigns of Grantee. Grantee, his successors and
assigns, is hereby expressly given and granted the right to assign the rights
and easements herein granted and conveyed to any person, firm, corporation,
partnership or other entity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed this the day of , 1987.
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
Craig A. McDowell, City Manager
APPROVED:
day of , 19 GRANTEE:
Hal George, City Attorney
By: By:
of,
Assistant City Attorney Rene H. Gracida, Bishop of the
Diocese of Corpus Christi
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 1987,
by Craig A. McDowell as City Manager for the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on /4//5//i S , 1987,
by Rene H. Gracida as Bishop of the Diocese of Corpus Christi, Texas.
ORALU S. WATSON
COWASSON EXPIRES
APRIL 14 1901
Notary Public in and for the State of Texas
Villa Maria Use Privilege Agreement
Page 2 of 2
Corpus Christi, Texas
Ac? day of
--)987
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
99.045.01
Council Members
MAYQR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner c,y2—)
David Berlanga, Sr. d
Leo Guerrero (1y2ij
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes /y�,Q,
Mary Pat Slavik (bit)
i'"
Linda Strong A3t,
Iv)
a -1p
Gi.b
0
19888