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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: AG5000.039.kp 021234 sitLNIEL City of Corpus Christi %tow 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 ‘,IJJ:t17 iti m U 9 ns W _z_ 6•-NCThZ oL1 �£o3�z -17\ 1/4.1\L Z Z Q E 6�•Z DEMPSEY w ,. 4.0 PI Pt 131N1 10 atic`P. 2 y G 8 VC.P 55 CO/4C. CUR ST. o 4 (hn11H9i1) anh My Erne r "R 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