HomeMy WebLinkAbout021191 ORD - 07/09/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
CHAMPLIN REFINING AND CHEMICALS, INC. TO INSTALL AND MAINTAIN TWO
(2) 3 -INCH PVC CONDUITS UNDER THE NUECES BAY BOULEVARD STREET
RIGHT-OF-WAY IN SUNSET PLACE SUBDIVISION, AND ESTABLISHING A USE
FEE OF $550; AND DECLARING AN EMERGENCY.
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege
Agreement with Champlin Refining and Chemicals, Inc. to install and maintain two (2) 3 -inch PVC
conduits under the Nueces Bay Boulevard street right-of-way in Sunset Place Subdivision, and
establishing a use fee of $550., 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 thi ordinance is passed and shall take effect upon first reading as an emergency
measure this the day of , ,.,,_/ , 1991.
AI'I'EST:
City Secretary THE
APPROVED:Y DAY OFa , 1991
JAMES R. BRAY JR., CITY ATTORNEY
By:
L (_uaA_ tut.,(/)
Assistant Cit Attorney
AG5000.010.kp
THE CITY F CORPUS CHRISTI
MICROFILMED
021.1E:4
City of
Corpus
Christi
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, Juan Garza, in accordance with
Article IX, Section 1, Corpus Christi City Charter, for and in
consideration of the sum of Five Hundred Fifty Dollars and No
Cents ($550.00) to it in hand paid by Champlin Refining and
Chemicals Inc. (hereinafter the "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 said Owner, a
use privilege for the right to install and maintain two 3 inch pvc
conduits encased in concrete under Nueces Bay Boulevard. The
conduits will be carrying telecommunication cables (a 18 strand
fiber and 25 pair cable) that will cross under Nueces Bay
Boulevard from 1802 Nueces Bay Boulevard to 1801 Nueces Bay
Boulevard in Sunset Place Subdivision of the City of Corpus
Christi, as recorded in Volume 4, Page 25, Nueces County, Texas,
Map Records as shown on the attached drawing(s) marked Exhibit A.
TO HAVE AND TO HOLD the same unto the said 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-way for the purpose of maintaining
said two 3 inch conduits encased in concrete and it is further
understood that the foregoing use privilege is granted upon the
following conditions and terms:
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. All applicable Federal, State, County and City laws and
ordinances shall be complied with and all necessary permits shall
be secured from the appropriate agencies.
C. Owner 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 $100,000 for property damage arising out of each
accident. Such policies of insurance shall carry the City as an
additional named insured. Upon City's written request, Owner will
provide copies of all insurance policies. Said insurance
policy(ies) shall not be cancelled, riot renewed or materially
changed without thirty (30) days prior written notice to City.
City of
Corpus
Christi
D. 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 cost and
expenses of any kind arising from any such liability, damage,
loss, claims, demands, and actions.
E. This conveyance and agreement, and all the terms and
provisions hereof, shall bind and inure to the benefit of City and
Owner and the respective lessees, licensees, successors and
assigns of City and Owner. Owner may assign this Use Privilege
Agreement to any person, firm, corporation, partnership or other
entity, with the prior written consent of the City, which consent
will not be unreasonably withheld. Any such assignment shall
provide that the assignee shall unconditionally assume all the
duties and obligations of assignor upon the same terms and
conditions as set out in this Use Privilege Agreement.
F. No public right-of-way, or any portion thereof, shall be
closed or barricaded to the public for the purpose of installing,
repairing, or maintaining the two 3 inch conduits encased in
concrete until after the owner or his contractor has filed with
this office a detour and/or barricading plan that has been
approved by Traffic Engineering.
G. 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. If City (or any other utility
company with utilities located in said right-of-way) needs access
to the right-of-way, Owner shall be responsible for either
repairing the two 3 inch conduits encased in concrete to its
original condition or removing the two 3 inch conduits encased in
concrete at which time this use privilege agreement shall
terminate immediately.
H. Owner will repair or cause to be repaired any damage to
any street, sanitary sewer, storm sewer, drainage facility, any
facility including but not limited to underground lines, wires,
pipes, vegetation or trees owned by the City of Corpus Christi or
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Co. pus
Christi
holders of any franchise from the City, to the satisfaction of the
City by Owner at his expense, by reason of said construction of
said two 3 inch conduits encased in concrete and the maintenance
thereof. Owner will apply to the Director of Engineering or his
designee for a permit before disturbing any part of any street
area and perform the work in accordance with the permit and all
applicable City ordinances.
I. Owner shall be responsible for maintaining the two 3
inch conduits encased in concrete at all times, at his own
expense, regardless of the type of damage that may occur. Owner
shall be responsible for maintaining, or repairing the two 3 inch
conduits encased in concrete within thirty (30) calendar days,
from the time of damage, to its original condition. Failure to do
so shall terminate this use privilege agreement immediately.
J. The two 3 inch conduits encased in concrete are to be
placed such that no portion of the top of the concrete encasement
will be shallower than 30 inches from the existing ground or
roadway pavement and/or ditches.
K. Protection shall be provided at all road crossings
and/or ditches, by either casing, extra pipe wall thickness and/or
concrete jacketed pipe and shall be identified on the construction
plans.
L. Owner will place markers at the points where such
line(s) enter or leave a street and/or drainage right-of-way.
Such markers shall be of permanent construction bearing line
Owner's name and emergency telephone number and placed at the edge
of the public right-of-way.
M. The following conditions are made a part of this Use
Privilege Agreement:
(a) All documents will be filed at the Nueces County
Courthouse at the Grantee's expense.
(b) No work is to commence without 48 -hours prior
notice to the City of Corpus Christi and holders of any
franchise from the City.
(c) Right-of-way crossings at Nueces Bay Boulevard
will be open cut.
(d) Any excavation within two (2) feet of the
back of curb shall be backfilled with clean,
select material compacted to 98% proctor density.
Page - 3
Cir. of
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Chf.sti
e,aw
(e) The Contractor shall not have open trenches or pits
left overnight without providing proper safety and
security devices to prevent possible injuries and/or
accidents. The Contractor shall ensure that all
trenches are backfilled promptly, the backfill is
properly compacted, the surface is restored, and the
work is done in a neat and workmanlike manner. Flooding
of backfill is not allowed.
(f) City Gas Inspector will be required at the job
site while work is being performed around existing
gasline(s)
(g) A City inspector will have the authority to request
a utility line to be uncovered to verify its depth
and/or location. All backfill and repairs of any kind
will be made according to City Standards and/or City
Inspector's request. All work and repairs will be at
the contractor's expense.
(h) Wherever the proposed line(s) crosses a city
utility, a 2 -toot vertical separation shall be
maintained ( a 2 -toot vertical and 4 -foot horizontal
separation shall be maintained around all water
main(s)). Backfill around existing utilities shall be
properly tamped in accordance with the City of Corpus
Christi standards including City Water Distribution
System Standards and City Standard Specifications.
(i) Every precaution shall be taken so as not to
disturb the soil surrounding the existing utilities,
'including any and all thrust blocks.
(j) Work around the water main shall be done under the
inspection of a Water Division Inspector.
(k) Should damage occur to a waterline, as determined
by the Water Division's representative, a City Water
Division crew shall be brought in and allowed
immediately to make all repairs. All costs (labor and
material) associated with the repairs will be paid by
the Owner. Extent of damage and amount of repair shall
be determined by the Water Division's representative.
(1) Should damage occur to a utility line such that
sand or soil enters service lines causing problems
and/or damage to plumbing in private structures, Owner
shall have sole responsibility for resolution with
individual owners to include all costs associated with
resolution.
Page - 4
Cir of
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Christi
(m) Owner's contractor shall ensure that proper
drainage is maintained in the drainage areas affected by
this operation at all times, especially at the end of
each work day.
(n) At the completion of the project, the Owner's
contractor shall reshape and grade the ditches to a
correct and permanent condition.
(o) Owner shall be responsible for any erosion of
roadway or private property due to loss of existing
vegetation along the banks of the ditches or any other
condition resulting from disturbances of soil along the
work site. Owner will resod all damage area at his
expense.
(p) Damage to driveways, culverts, headwalls and any
other structure, public or private, shall be repaired by
the Owner at his expense.
(q) No equipment or material may be stored or left
overnight in City right-of-way.
(r) Equipment and/or stock pile of material on private
property, or City right-of-way during construction,
shall not obstruct the vision of vehicles or pedestrians
five hundred (500) feet in either direction of a street
intersection or drives onto a public street.
(s) While work is being done within City Right -Of -Way,
Contractor shall pay for each City Inspector's(s') time
at the site at a daily rate of $235.10 for each day
spent inspecting construction, maintenance, repair,
replacement or relocation of said line(s) by Champlin
Refining and Chemicals Inc. pursuant hereto. Any time
in excess of eight (8) hours per day, Saturday, Sunday
and/or Holidays, shall be calculated at a daily rate of
$44.08 per hour. These funds shall be paid to the
appropriate City department within the City of Corpus
Christi.
(t) Backfill (consisting of two (2) sacks of Type I
Portland Cement per cubic yard of sand) is to be placed
from the top of the conduit encasement to the bottom of
the base of the pavement under paved street area and
five (5) feet both sides of the edge of the paved
street, .such that no settlement will occur in roadway
area. Utility line(s) exposed during construction will
be encased in sand with at least eight (8) inches
minimum around area of said line(s).
Page - 5
C i`. of
Coy mus
Csti
(u) Traffic Control Plan & Permits obtained prior to
work beginning and T.C.P. implemented prior to work
beginning.
(v) Contractor will comply with all conditions and fees
set forth by the City of Corpus Christi's Traffic
Engineering Office.
(w) City Inspector shall determine when laboratory
testing will be required, the number, location and
frequency of testing. All testing shall be at the
Contractor's expense.
(x) To preserve and protect trees, shrubbery, and other
aesthetic features on the street right-of-way, the City
Engineering Department may specify the extent and
methods of tree removal, tree trimming, or their
replacement, and replacement of other aesthetic
features, including installation methods of the
underground or overhead pipeline. The City Engineer
shall use due consideration in establishing the value of
trees and other aesthetic features in the proximity of a
proposed pipeline(s) and any special district
requirements justified by the value of the trees and
other aesthetic features.
(y) The City Inspector may request any other conditions
that may be required to complete this project in a safe
and workmanlike manner.
(z) Workmanship and Materials shall comply with
all applicable City Standards and all work, including
pavement repair and backfill around utility lines,
shall be guaranteed by the Owner for a one-year
period.
WILL ONLY APPLY TO STREET CUTS ONLY:
(aa) Street Superintendent is to be notified twenty-
four hours prior to starting work, and be present during
backfilling and pavement repairs.
(bb) Workmanship and Materials for replacing and
repairing the street cuts shall comply with all
applicable City Standards. A one-year warranty on
workmanship and materials will be required.
(cc) With regard to all street cuts, Owner or its
Contractor shall saw cut all existing concrete and
asphalt, and replace with new.
Page - 6
Ci'r of
Corpus
Christi
(dd) Pavement repair to match existing in kind on depth
and type of material.
(ee) Subgrade - 95% Standard Proctor.
(ff) Base - 98% Standard Proctor.
(gg) Asphalt - 95% Optimum Density.
(hh) No concrete curb, gutter, driveway or sidewalk to
be broken out without prior approval by the City
Engineering Department.
N. All rights granted hereby shall be subordinate to all
uses as the City may make of such street right-of-way for public
purposes or any drainage right-of-way for State, County or City
purposes according to the Master Drainage Plan for the City.Owner
shall adjust or relocate the above described line(s) at his own
expense, if necessary for the present or future construction of
any public utilities, or change in street grade or pattern on the
streets or for any other reason of the City stated in writing to
Owner, at the points above described.
0. It is mutually understood and agreed that this agreement
as written covers all covenants, agreements and stipulations
between the parties and that no representations or statements,
written or oral, have been made modifying, adding to, or changing
the terms hereof, and that any party securing this conveyance on
behalf of Owner is without authority to make any representation,
stipulation, covenant or agreement not herein expressed.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused
these presents to be executed on this the day of
, 19
ATTEST: THE CITY OF CORPUS CHRISTI
By:
City Secretary Juan Garza, City Manager
APPROVED:
/0 day of
LA__ 19V
By: irn.(PCaJQPu
Assistant ity Attorney
P i, so,) Ga ((a.�
Page - 7
City of
Corpus
Christi
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
19 , by Juan Garza as City Manager of the
City of Corpus Christ, Texas, a Texas Municipal Corporation, on
behalf of said corporation.
Notary Public in and for the
State of Texas
/� The above Grant and Privilege is hereby accepted this the
�/ day of May 19 91 by CHAMPLIN REFINING AND
('CALS, INC. , Owner, said Owner agrees
to keep and perform the conditions imposed by said Grant and
Privilege and that it is bound by all of the terms same.
ATTEST:
By:
THE STATE OF TEX $C/dC1-Lt Ykw
COUNTY OF _NUECES- aLLca.
This, trument was cknowledggd b�f
19.75%/ , by L('
Annerti
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behalf of
Delaware
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of
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said PaPtROP6h4P-{91° CORPO A
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INTNG AND AEMICALS,
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Nary Public ifrIzarldifor the
State of <Texa OgO__
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Corpus Christi, Texas
day of �1 � , 19 `r
.12
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
The above ordinance
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
045
MAYOR
thE
was passed by the following vote:
0211D1
TY OF CORPUS CHRISTI