HomeMy WebLinkAbout021234 ORD - 09/10/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
CHAMPLIN REFINING AND CHEMICALS, INC. TO INSTALL AND MAINTAIN AN
8 -INCH STEEL CASING WITH FOUR 1 -INCH PVC CONDUITS AND ONE 3 -INCH
PVC CONDUIT UNDER DEMPSEY 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 an 8 -inch steel casing
with four 1 -inch PVC conduits and one 3 -inch PVC conduit under Dempsey 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 this ordinance is passed and sh01 take effect upon first reading as an emergency
measure this the /C.) day of nQ nit, 13'2 q , 1991.
A FI EST:
etoz-
City Secretary MAYOR
THE CtY OF CORPUS CHRISTI
APPROVED: - DAY OF _ a
,(.t ,1991
JAMES R. BRAY JR., CITY ATTORNEY
Assistant City Attorney
By:
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021234
sitLNIEL
City of
Corpus
Christi
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THE STATE OF TEXAS
COUNTY OF NUECES
USE PRIVILEGE AGREEMENT
THAT the city of Corpus Christi, Texas, acting by and through
its duly authorized City Manager, Juan Garza, in accordance with
Article 1X, Section 1, Corpus Christi City Charter, for and in
consideration ot the sum of Five Hundred Fifty Dollars and No
Cents l$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 an 8 -inch
steel casing with tour 1 -inch p.v.c. conduits and one 3 -inch
p.v.c. conduit under Dempsey Street. The conduits will be carrying
communication, electrical and gate control lines that will cross
under Dempsey Street to parking area,for the Project Engineering
Building, in Sunset Place Subdivision ot 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-ot-way tor the purpose of maintaining
said 8 -inch steel casing with tour 1 -inch p.v.c. conduits and one
3 -inch P.V.C. conduit, and it is turther 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
Ext bi+ "A ''
City of
Corpus
Christi
policy(ies) shall not be cancelled, not renewed or materially
changed without thirty (30) days prior written notice to City.
O. Owner shall fully indemnity, save and hold harmless the
City ot 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'compensatjon 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 ot this agreement,
unless such injury, loss or damage shall be caused by the sole
negligence ot the indemnitees or any ot 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 ot 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 ot 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 ot 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.
r. No public right-of-way, or any portion thereof, shall be
closed or barricaded to the public tor the purpose ot installing,
repairing, or maintaining the 8 -inch steel casing with tour 1 -inch
P.V.C. conduits and one 3 -inch p.v.c. conduit until atter the
owner or his contractor has tiled with this office a detour and/or
barricading plan that has been approved by Traffic Engineering.
G. The use ot said area hereby granted shall in no way
interfere with the construction or operation by the City ot any
existing or future proposed sidewalks, utility lines, or other
uses, or the maintenance thereof. It City (or any other utility
company with utilities located in said right-ot-way) needs access
to the right-ot-way, Owner shall be responsible tor either
repairing the 8 -inch steel casing with tour 1 -inch P.V.C. conduits
and one 6 -inch p.v.c. conduit to its original condition or
removing the 8 -inch steel casing with tour 1 -inch P.V.C. conduits
and one 3 -inch p.v.c. at which time this use privilege agreement
shall terminate immediately.
Page - 2
City of
Corpus
Christi
H. Owner will repair or cause to be repaired any damage to
any street, sanitary sewer, storm sewer, drainage tacility, any
'facility including but not limited to underground lines, wires,
pipes, vegetation or trees owned by the City ot Corpus Christi or
holders ot any franchise from the City, to the satisfaction ot the
City by Owner at his expense, by reason of said construction ot
said 8 -inch steel casing with four 1 -inch p.v.c. conduits and one
3 -inch p.v.c. conduit and the maintenance thereot. Owner will
apply to the Director ot Engineering or his designee tor a permit
betore disturbing any part of any street area and pertorm the work
in accordance with the permit and all applicable City ordinances.
1. Owner shall be responsible tor maintaining the 8 -inch
steel casing with tour 1 -inch p.v.c. conduits and one 3 -inch
p.v.c. conduit at all times, at his own expense, regardless ot the
type ot damage that may occur. Owner shall be responsible tor
maintaining, or repairing the 8 -inch steel casing with tour 1 -inch
p.v.c. conduits and one 3 -inch p.v.c. conduit within thirty (30)
calendar days, trom the time of damage, to its original condition.
Failure to do so shall terminate this use privilege agreement
immediately.
J. The 8 -inch steel casing with tour 1 -inch p.v.c. conduits
and one 3 -inch p.v.c. conduit are to be placed such that no
portion ot the top of the concrete encasement will be shallower
than 3U 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 identitied 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-ot-way.
M. The toliowing conditions are made a part ot this Use
Privilege Agreement:
(a) All documents will be tiled at the Nueces County
Courthouse at the Grantee's expense.
(b) No work is to commence without 48 -hours prior
notice to the City ot Corpus Christi and holders ot any
franchise from the City.
(c) Right-ot-way crossings at Dempsey Street
Page - 3
City of
Corpus
Christi
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.
(e) The Contractor shall not have open trenches or pits
left overnight without providing proper satety 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 verity 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 conduits crosses a city
utility, a 2 -toot vertical separation shall be
maintained ( a 2 -foot vertical and 4 -toot horizontal
separation shall be maintained around all water
main(s)). Backfill around existing utilities shall be
properly tamped in accordance with the City ot 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 ot 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.
Page - 4
City of
Corpus
Christi
(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.
(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.
(0) Owner shall be responsible for any erosion of
roadway or private property due to loss ot 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 (50U) feet in either direction ot 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 tor each day
spent inspecting construction, maintenance, repair,
replacement or relocation ot said conduits 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
City of
Corpus
Christi
the asphalt. The backtill shall be surtace with tour
(4) -inch ot Hot -Mix Asphaltic Concrete Pavement Type U
that extends twelve (12) -inches on each side of the edge
of the trench.. The same backtill shall be used within
two (2) teet both sides ot the back of curb and guttered
street (tive (5) teet for unimproved street with edge of
pavement), such that no settlement will occur in roadway
area.City utility line(s) exposed during construction
will be encased in sand with at least eight (8) inches
minimum around area of said conduits.
(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 tees
set torth by the City of Corpus Christi's Traffic
Engineering Ottice.
(w) City inspector shall determine when laboratory
testing will be required, the number, location and
frequency ot testing. All testing shall be at the
Contractor's expense.
(x) lo preserve and protect trees, shrubbery, and other
aesthetic features on the street right-ot-way, the City
Engineering Department may specify the extent and
methods ot 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 teatures in the proximity of a
proposed conduits and any special district requirements
justitied by the value of the trees and other aesthetic
teatures.
(y) The City Inspector may request any other conditions
that may be required to complete this project in a sate
and workmanlike manner.
(z) Workmanship and Materials shall comply with
all applicable City Standards and all work, including
Pavement repair and backtill around utility lines,
shall be guaranteed by the Owner tor a one-year
period.
WILL ONLY APPLY TO STREET CUTS ONLY:
Page - 6
City of
Corpus
Christi
(aa) Street Superintendent is to be notitied twenty -
tour hours prior to starting work, and be present during
backfilling and pavement repairs.
(bb) Workmanship and Materials tor 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.
(dd) Pavement repair shall consist of tour (4) inches
of Hot -Mix Asphaltic Concrete Pavement Type D and shall
extend twelve (12) inches on each side ot the edge of
the trench.
(ee) Subgrade - 95% Standard Proctor.
(ft) 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-ot-way tor State, County or City
purposes according to the Master Drainage Plan for the City.Owner
shall adjust or relocate the above described conduits at his own
expense, it 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 hereot, and that any party securing this conveyance on
behalt ot Owner is without authority to make any representation,
stipulation, covenant or agreement not herein expressed
Page - 7
City of
Corpus
Christi
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused
these presents to be executed on this the _.,_.._., day ot
, 19 .
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
City Secretary Juan Garza, City Manager
APPROVED:
ri
By:
day of 411 , 19';l
Assistant City Attorney
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 ot said corporation.
Notary Public in and for the
State of Texas
gbie above Grant and Privilege is hereby accepted this the
...-Z3 day of 4 .vS1'�
... 19 !
...._._......._.......� .. _if , by Champlin Refining and
.themftals.....InG�....._._....._. 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 of same.
ATTEST:
at-
i5iaid .01.1-147
By:
Page - 8
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Corpus Christi, Texas
w day of L9 t' itC(9-k , 19
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
•�Ar�\)�,,oc• -R 7 -
MAYOR
THE CI OF CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes (_1,7
Cezar Galindo (i-C-iI
Leo Guerrero
Betty Jean Longoria ([C-,(' •
Edward A. Martin
Joe McComb 7, /The
Dr. David McNichols
Clif Moss /
Mary Pat Slavik
045
021234