HomeMy WebLinkAbout021194 ORD - 07/16/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER TO INSTALL
AND MAINTAIN A 3 -INCH CONDUIT TO CARRY TELEPHONE AND COMPUTER
CABLES UNDER THE SOUTH COUNTRY CLUB PLACE RIGHT-OF-WAY
BETWEEN LOTS 40 AND 55 AND THE NORTH COUNTRY CLUB PLACE RIGHT-
OF-WAY BETWEEN LOTS 24 AND 35, COUNTRY CLUB PLACE SUBDIVISION,
FOR A FEE OF $300; 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 to install and maintain a 3 -inch conduit to carry telephone and computer cables under
the South Country Club Place right-of-way between Lots 40 and 55 and the North Country Place
right-of-way between Lots 24 and 35, Country Club place Subdivision, for a fee of $300, 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 ordinance is passed and shall take effect upon first reading as an emergency
measure this the /6 day of , 1991.
ATTEST.
City Secretary
MAYOR
THEC
APPROVED: I DAY OF *LA- 1991
JAMES R. BRAY JR., CITY ATTORNEY
By : A
Assistant City ttorney
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OF CORPUS CHRISTI
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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 Three Hundred Dollars and No Cents
($300.00) to it in hand paid by Coastal Bend Alcohol & Drug
Rehabilitation Center (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 a three (3)
inch conduit carrying telephone and computer cables to all of their
facilities under the street right-of-way known as Country Club
Place (between lots 55 & 40) and North Country Club Place (between
lots 35 & 24) in Country Club Place Subdivision of the City of
Corpus Christi, as recorded in Volume 3, Page 54, 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
three (3) inch conduit 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
City of
Corpus
Christi
policy(ies) shall not be cancelled, not renewed or materially
changed without thirty (30) days prior written notice to City.
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 three (3) inch conduit 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 three (3) inch conduit to its original condition or
removing the three (3) inch conduit 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,
City of
Corpus
Christi
pipes, vegetation or trees owned by the City of Corpus Christi or
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 three (3) inch conduit 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 three (3)
inch conduit 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 three (3) inch conduit 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 three (3) inch conduit is to be placed such that no
portion of the conduit will be shallower than 60 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
Revocable Easement Amendment:
(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) All right-of-way crossings will be dry bored.
Wet bore will be approved if the permittee
supplies the City with sufficient and
satisfactory soil analysis information for
determining soil conditions. Wet bore will not be
permitted without written approval from the City
Engineer or his authorized representative.
(d) Any excavation within two (2) feet of the
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Corvus
Christi
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back of curb shall be backfilled with clean,
select material compacted to 98% proctor density
(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. See 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.
(f) No bore pits shall be left open longer than five (5)
calender days regardless of location. Barrel type
barricades, approved by City's Traffic Engineer, will be
placed adjacent to all pits.
(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 -foot vertical separation shall be maintained
( a 2 -foot 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) City Gas Inspector will be required at the job site
while work is being performed around existing gasline(s).
(k) Work around the water main shall be done under the
inspection of a Water Division Inspector.
(1) 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 ampunt of repair shall be determined
by the Water Division's representative.
City of
Corpus
Christi
(m) 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.
(n) Owner's contractor shall ensure that proper drainage
is maintained in the drainage ditches affected by this
operation at all times, especially at the end of each
work day.
(o) At the completion of the project, the Owner's
contractor shall reshape and grade the ditches to a
correct and permanent condition.
(p) 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.
(q) Damage to driveways, culverts, headwalls and any
other structure, public or private, shall be repaired by
the Owner at his expense.
(r) No equipment or material may be stored or left
overnight in City right-of-way.
(s) 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.
(t) 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 Coastal Bend Alcohol &
Drug Rehabilitation Center 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.
(u) Traffic Control Plan & Permits obtained prior to
work beginning and T.C.P. implemented prior to work
beginning.
Paae - S
City of
Corpus
Ciflristi
(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 the proposed 3" inch.
conduit for telephone and computer cables 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 shall
be guaranteed by the Owner for a one-year
period.
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.
O. 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.
Pao_ - f
City of
Corpus
ansti
THE STATE OF TEXAS
COUNTY OF NUECES
199/ by Uaw&s 0.
--This instrument was acknowlecj3:40. before me on
of Cost -tat
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a fe.„1Ca.S- (state) CORPO on behalf of said CORPQRAT ON.
Notary Public in and for the 1.\ '
State of Texas _L
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Corpus Christi, Texas
AL*day. of W c-wi , 19 L
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 CORPUS 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
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