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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 Ak.tau-� AG5000.011.kp 0211s4 OF CORPUS CHRISTI ti7tRont • 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 City of Corvus Christi • 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 th AkoLa 4- a fe.„1Ca.S- (state) CORPO on behalf of said CORPQRAT ON. Notary Public in and for the 1.\ ' State of Texas _L ate_Nr 4. U31, ea-\ °‘N , Eiefiver LZ/P/ 531 u • • Pae - R 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 045