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HomeMy WebLinkAbout021173 ORD - 06/04/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH GERAGHTY & MILLER, INC., ENVIRONMENTAL SERVICES AND GANDY-ROBERTSON, INC., FOR SITE ACCESS TO INSTALL ONE GROUND WATER MONITORING WELL ON GAS DIVISION PROPERTY AT THE INTERSECTION OF WEBER ROAD AND GOLLIHAR ROAD; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is hereby authorized to execute a use privilege agreement with Geraghty & Miller, Inc., Environmental Services and Gandy -Robertson, Inc. for site access to install one ground water monitoring well on Gas Division property at the intersection of Weber Road and Gollihar Road, all as more fully set forth in the Monitor Well Site Access, Release, & Indemnity 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 for the efficient and effective administration of City affairs, 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 rdinance is pad and shall take effect upon first reading as an emergency measure this the day of C1 }'�� , 1991. A 1"1 EST: City Secretary APPROVED: DAY OF JAMES R. BRAY JR., CITY ATTORNEY MAY , 1991. RP2017.004.kp E CITY -OF CORPUS CHRISTI 1 M - IrivMi..fsi_0 021173 MONITOR WELL SITE ACCESS RELEASE, & INDEMNITY AGREEMENT This SITE ACCESS, RELEASE, & INDEMNITY AGREEMENT is made and entered into on this day of , 1991, by and among GERAGHTY & MILLER, INC., a Delaware corporation, hereinafter referred to as "Consultant"; and GANDY-ROBERTSON, INC, hereinafter referred to as "Client", and together with Consultant, hereinafter referred to as "Undersigned"; and CITY OF CORPUS CHRISTI hereinafter referred to as "Owner". WHEREAS, Undersigned desires access to the site herein described to engage in the activities specified. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and intending to be legally bound, the parties agree as follows: 1. Site Access Owner hereby grants permission to Undersigned to enter the Site and engage in the following activities: Gandy -Robertson, Inc., has authorized their consultant, Geraghty & Miller, Inc., to install one ground water monitoring well on premises owned by the City of Corpus Christi's Gas Division located at the intersection of Weber and Gollihar Roads. The monitor well will be used for the purpose of water level measurements, ground water sampling and, if warranted, remediation. Owners' Engineering and Gas Division staffs shall have discretion to determine where the monitor well will be located. 2. Texas Water Commission Reports Undersigned agrees to provide Owner (the City) with timely copies of all reports emanating from the monitor well which reports are required by and made to the Texas Water Commission, at the time such reports are transmitted to the TWC. 3. Release As consideration for being afforded access to Site, Undersigned hereby releases Owner, its agents, servants, and employees from all present or future claims, causes of action, or demands that Undersigned now has or may hereafter accrue on account of or in anyway growing out of any and all known and unknown, or seen and unforeseen bodily and personal injuries or property damage and the consequences thereof resulting or which may result from Undersigned's presence upon the Site or the use of any equipment or procedures while on, entering, or leaving the Site. c91SF056DOC.rr 1 EXHIBIT "A' 4. Indemnity. Undersigned further agrees to indemnify and save harmless Owner -Indemnitee, its agents, servants, and employees from any and all liabilities, losses, damages, or expenses including attorney's fees, damage to or loss of use of Site resulting from Indemnitee's negligence and Undersigned's negligence or willful acts or omissions while on the Site. GANDY-ROBERTSON, INC. GERAGHTY & MILLER, INC. BY: BY: F. I. Gandy, Jr. Robert L. Miller Title: Vice President Title: Associate (signature) ATTEST: (signature) CITY OF CORPUS CHRISTI BY: Armando Chapa Juan Garza James R. Bray, Jr. Title: City Manager Interim City Attorney BY: Sally Farris a:91SF056.DOGrr 2 (signature) Corpus Christi, Texas day of r ,197 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF RPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 thy CUF 021173