HomeMy WebLinkAbout020300 ORD - 05/10/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
COUNTRY CLUB ESTATES ASSOCIATION, INC. TO ALLOW UNDERGROUND
ELECTRICAL CABLES TO CROSS THE PUBLIC RIGHTS-OF-WAY OF LONG
MEADOW DRIVE AND WOOLDRIDGE ROAD AT THE ENTRANCES TO THE
SUBDIVISION; 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 Country Club Estates Association, Inc. to allow
underground electrical cables to cross the public rights-of-way of Long Meadow
Drive and Wooldridge Road at the entrances to the subdivision, 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 take effect upon first
reading .as an emergency measure this the /041(1 day of (Play
1e
ATTEST:
City Secretary
40‘,14.44_,
M OR
APPROVED: J226 DAY OF /7 , 198X
HAL GEORGE, CITY ATTORNEY
By
Assis ant City ttorney
206RP065.ord
THE CITY OF CORPUS CHRISTI, TEXAS
20300 litiCROfttlitED
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THAT the City of Corpus Christi, acting by and through its duly
authorized City Manager, Juan Garza, in accordance with Article IX, Section 1,
Corpus Christi City Charter, for and in consideration of the sum of Three
Hundred Dollars ($300.00) to it in hand paid by Country Club Estates
Association, Inc., Owner, of Corpus Christi, Nueces County, Texas, the receipt
of which is hereby acknowledged, has granted and conveyed and by these
presents does grant and convey, upon the conditions hereinafter stated, unto
the said Country Club Estates Association, Inc., Owner, a use privilege for
the right to install and maintain conduits and electrical cables at two (2)
sites crossing public street right-of-ways crossing Wooldridge Road at its
intersection with the eastern right-of-way line at Everhart Road, and crossing
Long Meadow Drive at its intersection with the northern right-of-way of
Saratoga Boulevard, as shown on the attached drawings marked Exhibit "A" and
Exhibit "B".
TO HAVE AND TO HOLD the same unto Country Club Estates Association, Inc.,
Owner, its successors and assigns, together with the right and privilege under
the conditions and terms hereof, at any and all times to enter upon the above
described right-of-ways for the purpose of maintaining said electrical cables,
and it is further understood that the foregoing use privilege is granted upon
the following conditions:
A. It is understood and agreed that the use privilege hereby granted
may be revoked at any time upon the giving of 60 days notice in writing by the
City of Corpus Christi.
B. Owner 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
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 the Indemnitees or any of
them. Owner 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.
Use Privilege Agreement - Country Club Estates
Association, Inc.
Across Wooldridge at Everhart Road
Across Long Meadow at Saratoga
C. Grantee shall have and maintain comprehensive general liability
insurance in the minimum amounts of $100,000 for each injured person; $300,000
for personal injury arising out of each accident, and $50,000 for property
damage arising out of each accident. Such policies of insurance shall carry
the City as an additional named insured.
D. That the use of said area hereby granted shall in no way interfere
with the construction or operation by the City of any existing or future
proposed sidewalks, utility lines, or other uses, or the maintenance thereof.
E. Owner shall contact all utility companies prior to construction.
F. That said cable be constructed
under the lip of gutter at each site.
IN TESTIMONY WHEREOF, the City of
presents to be executed on this the
ATTEST:
City Secretary
APPROVED:
/.2-ih day of A/or,'/
Hal George, City Attorney
By:
, 1988
Assis ant City Attorne
via load bores, a minimum of 30"
Corpus Christi has caused these
day of , 1988.
CITY OF CORPUS CHRISTI, TEXAS
By:
Juan Garza, City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
Juan Garza as City Manager for the City of Corpus Christi, Texas.
, 1988, by
Notary Public in and for the State of Texas
Use Privilege Agreement - Country Club Estates
Association, Inc.
Across Wooldridge at Everhart Road
Across Long Meadow at Saratoga
The above Grant and Privilege is hereby accepted this the day of
, 1988, by Joe McComb as President of Country Club Estates
Association, Inc., Owner, and said Country Club Estates Association, Inc.,
Owner, agrees to keep and perform the conditions imposed by said Grant and
Privilege and that it is bound by all of the terms of same.
Joe •mb, President
CouClub Estates Association, Inc.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
4112-
Joe McComb as President of Country Club Estates Asso aInc.
, 1988, by
Dom!
otary Public in and fothe e S to of Texas
Use Privilege Agreement - Country Club Estates
Association, Inc.
Across Wooldridge at Everhart Road
Across Long Meadow at Saratoga
tr io
0
OPO
O -
Cout,/ry (7ui6
Corpus Christi, Texas
614° day of , 198g
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,
99.045.01
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet (
Mary Rhodes
abyj
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong (Ilatitt)
20300