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
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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