HomeMy WebLinkAbout021255 ORD - 10/08/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
APPLIED EARTH SCIENCE, INC., (AES) TO INSTALL A MONITORING WELL
WITHIN THE MORGAN AVENUE RIGHT-OF-WAY BETWEEN CROSSTOWN
EXPRESSWAY AND 19TH STREET AND ESTABLISHING A USE FEE OF $450; 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 Applied Earth Science, Inc., (AES) to install a monitoring well within the Morgan
Avenue right-of-way between Crosstown Expressway and 19th Street and establishing a use fee of
$450, 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 isTasse4 and shall take effect upon first reading as an emergency
measure this the \< day of LC ,_; , 1991
ATTEST:
City Secretary
eier "N\�
MAYOR
THE CITY OF ORPUS CHRISTI
APPROVED: "Li DAY OF j H , 1991
JAMES R. BRAY JR., CITY ATTORNEY
By:
)4 tjif
Assistant City Attorney
AG5000.050.kp
021255
City of
Corpus
Christi
ww
MONITORING WELL - USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
That the City of Corpus Christi, acting by and through its
duly authorized City Engineer, Carl Crull, for and in
consideration of the sum ot tour hundred and fifty dollars
and no cents ($450.001 to it in hand paid by Applied Earth
Science, Inc. (AES) ( hereinafter the "Permittee" ) of Houston,
Harris County, Texas, the receipt of which is hereby
acknowledged, does grant, upon the conditions hereinafter stated,
unto said Permittee, a monitoring well permit for the right to
install, maintain and remove a monitoring well 4 inches in
diameter, 30 Leet in depth and tor a length of time of 3 years
within the property known as 2021 Morgan Avenue Right -Of -Way
approximately north ot McDonalds Restaurant west of the Crosstown
Expressway intersection in the City of Corpus Christi as shown on
the attached drawing marked Exhibit A .
TO HAVE AND TO HOLD the same unto Permittee, 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 for the purpose ot constructing,
maintaining and the removal of said monitoring well, and it is
further understood that the foregoing monitoring well permit is
granted upon the following conditions:
A. It is understood and agreed that the monitoring well
permit hereby granted may be revoked at any time upon the giving
ot 60 days notice in writing by the City ot Corpus Christi.
B. Permittee 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' compensation and death
claims), or property loss or damage of any kind whatsoever, which
arise out ot 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 Permit, unless such injury, loss or damage shall be
caused by the sole negligence of the Indemnitiees or any of them.
"A"
City of
Corpus
Christi
Permittee shall, at its own expense, investigate all such claims
and demands, attend to their settlement or other disposition,
detend all actions based thereon and pay all charges of attorneys
and all other costs and expenses of any kind arising trom any
such liability, damage, loss, claims, demands and actions.
C. Permittee shall have and maintain comprehensive general
liability insurance in the minimum amounts of $100,000 tor each
injured person; $3UU,UUu tor personal injury arising out of each
accident, and $100,000 tor property damage arising out of each
accident. Such policies ot insurance shall carry the City as an
additional named insured. Upon City's written request, Grantee
shall provide copies of all insurance policies. Such policies may
not be cancelled, not renewed or materially changed without
thirty (30) days written notice to the City.
D. Except as otherwise provided herein, all work proposed
will equal or exceed The Texas Water Commission and The Texas
Water Well Drillers Board rules, regulations and requirements tor
the installation, monitoring and removal ot monitoring wells.
E. Prior to obtaining this permit a variance will be
required to backtill the monitoring well at the time ot removal
with a solid column of 10Ut bentonite, in its dry form,
throughout the entire depth of the monitoring well in the City of
Corpus Christi right-ot-way. The variance must be obtained in
writing trom the Texas Water Commission in Austin, Texas. Copies
ot said variance shall be provided to the City and attached
hereto tor all purposes as Exhibit "B".
F. All applicable Federal, State, County and city laws and
ordinances shall be complied with and all necessary permits shall
be secured trom the appropriate agencies, prior to obtaining this
permit. Copies ot said permits shall be provided to the City and
attached hereto for all purposes as Exhibit "C".
G. No public street, or any portion thereof, shall be
closed or barricaded to use by the public tor the purpose ot
installing, repairing, or maintaining the monitoring well until
atter the Permittee or its contractor has tiled with this ottice
an approved trattic control plan per the City Traftic Engineering
Office ( Exhibit "D" ).
H. All city utility departments, Central Power & Light,
Southwestern Bell and T.C.I. Cablevision or any other companies
that may be attected by the montoring well must be notified 48 -
hours prior to construction. The Texas One -Call number must be
notified at 1-80U-245-4545 tor existing utilities location.
Page -
City of
Corpus
Christi
1. Construction plans and specifications for all work
proposed will be submitted to the Department of Engineering for
approval, prior to beginning construction.
J. Permittee will repair or cause to be repaired any damage
to any landscaping, sidewalks, curb and gutter, driveway, street,
sanitary sewer, storm sewer, drainage facility, underground
lines, wires or pipes owned by the City of Corpus Christi or
holders of any franchise from the City, resulting from or caused
by reason of construction, operation, maintenance and/or removal
of said monitoring well.
K. A City inspector may request a utility line to be
uncovered to verity its depth and/or location. All backfill and
repairs ot any kind will be made according to City Standards
and/or City inspector's request. A11 work and repairs will be at
Permitee's or its contractor's expense.
L. it a City inspector is required at the job site the
Grantee shall pay a daily rate ot $235.10 for each day spent
inspecting Construction, maintenance, repair, replacement,
relocation or removal of the monitoring well pursuant to the
monitoring well permit. Any time in excess ot 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 ot 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, Permittee shall have sole
responsibility tor resolution with individual owners, including
all costs associated with resolution.
N. No equipment or material may be stored or lett overnight
in City right-of-way.
0. The Permittee and/or its Contractor will not clean
equipment or material at site.
P. The Monitoring well will only be allowed within the
natural ground areas and not in pavement or concrete areas. The
monitoring well will not protrude above the natural ground in
order to provide safety tor the public and a sealed covering will
be provided to prevent surface water from entering into said
monitoring well causing possible contamination of said well.
Page - 3
City of
Corpus
Christi
0. Permittee shall adjust or relocate the above described
monitoring well, at its own expense, if necessary tor the present
or future construction ot any public utilities, or change in
street grade or pattern on the streets or tor any other reason of
the City stated in writing to Permittee.
R. The construction of the monitoring well and the use of
said area hereby granted shall in no way interfere with the
construction or operation by the City or any of its franchisees,
of any existing or future proposed sidewalks, utility lines, or
other uses, or the maintenance thereot. It City (or any other
company with utilities located in said Right-Ot-Way) needs access
to the Right -Of -Way containing the monitoring well, Permittee
shall be responsible for either repairing the monitoring well to
its original condition or removing the monitoring well at which
time this Monitoring Well Permit shall terminate immediately.
S. The rights of construction conferred herein shall not be
assigned by Permittee without the prior written consent of the
City ot Corpus Christi.
1. Monitoring Well Permit will expire three (3) years from
the date of issuing. At which time the monitoring well will be
removed per specitications by the City of Corpus Christi and the
Texas Water Commission in Austin, Texas.
U. Written notice shall be directed:
1F TO CITY: IF TO PERMITTEE:
City Engineer
P.O. Box 9277
Corpus Christi, Texas 78469
David Bratberg - Vice President
7322 Southwest Freeway Suite 1000
Houston, Texas 77074
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused
these presents to be executed on this the day of
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
8Y:
Juan Garza, City Manager
Page - 4-
City of
Corpus
Christi
APPROVED:
6:__.. day ot
BY
19 i;,
Assistant City Attorney
C7 a.! : a,uczi_,
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged betore me on
9....... , by Juan Garza as City Manager of the City of Corpus
Christi, Texas, a Texas Municipal Corporation, on behalf of said
Corporation.
Notary Public in and tor the State of Texas
iiv;,....�_..$_ - g, 19.27, by Davi
e above Grant and Privile e is hereby accepted this the
27day of � d Bratberg as
Vice President, Applied Earth Science, Inc, said Permittee 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.
PERMITTEE,Applied Earth
Science Inc.
THE STATE OF TEXAS
COUNTY OF HARRIS
By:
Name: avid Bratberg
Title:Vice President
This instrument was acknowledged before me on 4:e/..P. ,
19.9/ , by David Bratberg as Vice President of Applied arth
Science, Inc., a Texas Corporation, on behalf ot said
Corporation.
Notary Public in and tor the State of Texas
Barbara A. Swanson
My Commission Expires: November 18, 1993.
Page - 5
0694-03-02
Park
Open
Fie/d
Ade
Residential
Residential
Residen/ial
Residential
Commercial
Commercial
0
a
N
0
Residential
Residential
Commercial
Pawn
Shop
MORGAN
EXXON
6-3676
Dr.'s
Office
Zone/o xe//Sr/P AVENUE
Doctor's
Office
shoran
Pring
Shop
(5 Residentio/
Residential
Residen/ia/
Residential
Residential
Residential
Residential
Al/en
School
Residential
NOT TO SCALE
Applied Earth Sciences
File No.
0694
MADE BY: J.F-. DATE:11-16-90
CHECKED BY: DATE:
NAM
EXEXON COMPANY USA
Station 6-3676
Corpus Christi, Texas
SITE VICINITY MAP
FIGURE
2
C.,,i,n.•r uA//
MEk1BE RS
John H. Walker, Chairman
Frank Del Rio, Vice Chairman
Jerry F. Fontaine, Secretary
Cynthia Elaine Hall
Gary D. Grant
James Frank Grimes
Barry Henderson, Jr.
Walton O'Neil Lotns
Frank Rosenkranz, Jr.
TEXAS WATER WELL DRILLERS BOARD
1700 North Congress Avenue
P.O. BOX 13087
CAPITOL STATION
AUSTIN, TEXAS 78711
(512) 371-6299
July 25, 1991
Ms. Kimberly D. Smith
Applied Earth Sciences, Inc.
7322 Southwest Freeway, Suite 1000
Houston, Texas 77074
Dear Ms. Smith:
This is in response to your request to plug one monitor well in the
City of Corpus Christi right-of-way with a column of 100%
bentonite.
As per our conversation of July 15, 1991 and after review of all
information your variance request is hereby granted.
If you have any further information or questions on this matter
call me at (512)371-6299.
Sincerely,
2.3 (-..-Q-Ce
Steve Wiley, Head
Water Well Drillers Board Assistance
Co • • on .-ar firtZ i.
APPLICANT
DEPART TNT OF ENGINEERING ..VICES
.<AFFIC ENGINEERING DIVISION
CORPUS CHRISTI, TEXAS
PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT
Company Name for Earthied en
ExxonCompanyu.S.AInc.
Parking Lane Traffic Lane
Telephone Number 713_ Loading Zone Sidewalk Use
981-7140 ext. 130 Use
Use
FEES (Office Use Only)
Local Address 7322 Southwest Frwy Ste. 1000 2.
2.
Houston, Texas 'Li Code 3. — 3.
P 77074 4.
5
Subtotals $ $
CONSTRUCTION SUPERVISOR TOTAL
Name(s) Kimberly D. Smith
Telephone Number: Day 713-981-7140
Night 713-981-7140
LOCATION OF BLOCKAGE
1233 17TH Street, Corpus Christi. Texas
MAKES CHECKS PAYABLE TO:
CITY OF CORPUS CHRISTI
BLOCKAGE PERIODS
Times of Day: B:00a.m. - 5:000.m. Beginning Day:
Ending Day:
NATURE OF WORK TO BE PERFORMED AND TYPE(S) OF HEAVY EQUIPMENT WHICH WILL OCCUPY THE
RIGHT-OF-WAY
Installation of -groundwater, surface aquifer, monitor well -with a Mobile B-61 drilling
SPECIAL CONDITIONS/TRAFFIC CONTROL SPECIFICATIONS
Installation of well to take place on a Sunday morning, site plan with traffic cones
and warning sign as shown;any other requests for traffic control, please contact supervisor
APPROVED:
CONTRACTOR ACKNOWLEDGEMENT
DATE:
*Note requirement for liability insurance
coverage, as per Indemnity Agreement
attached.
03CJR.064
Signed
11 Day of July 19 91
Applied Earth Sciences, Inc.
Company Name
t
C✓Q II//lim /'I Ii
'UBLIC RIGHT-OF-WAY BLOCKAGE PERMIT INFORMATION
P.rge 2
B. Traffic Lane/Sidewalk Use
1. Permit/Service Fee $90.00 (one time
2. Traffic Lane Closure Fee $ 0.015/sq. ft./day
(Min. charge of $5.00/day)
3. Sidewalk and Alley Closure Fee $ 0.003/sq. ft./day
(Min. charge of $2.00/day)
All fees shall be collected by the Traffic Engineering Division paid in full before
the permit is issued or amended. Refunds shall be made as set forth in the Ordinance.
Governmental agencies, utility company franchises, and contractors performing work
under City contract are exempt from permit fees.
WHAT HAPPENS IF A BLOCKAGE PERMIT IS NOT OBTAINED
Any person who undertakes to perform any work within a public right-of-way without
a valid permit will be subject to prosecution of a misdemeanor violation, the penalty
of which is up to $200 for each day of violation.
FOR FURTHER INFORMATION
CONTACT: TRAFFIC ENGINEERING DIVISION
(Engineer Assistant I)
Traffic Engineering Division
City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469
(512) 880-3540
03CJR.064
AseigliAir
PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT INFORMATION
In January 1975 the City of Corpus Christi enacted Ordinance Number 12425 which
established procedures and standards for closure or partial blockage of public
right-of-way. Ordinance No. 18573, adopted November 1984, set forth the fees
associated with the issuance of a Public Right -of -Way Blockage Permit. Such fees
were revised by Ordinance No. 20465 effective September 26, 1988
WHO NEEDS A PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT
Any person who undertakes any work upon, in, under, above, or about any public street,
highway, roadway, alley or sidewalk, which requires that the street be partially
or completely closed for a construction and/or a maintenance operation which requires
excavation within or occupancy of the whole or a portion of the width of any public
right-of-way by equipment, materials, debris, or workman.
WHAT NEEDS TO BE DONE TO OBTAIN A PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT
At least five business days prior to the proposed blockage, a permit request must
be filed with the Traffic Engineering Division. The permit request will consist
of at least an information sheet, a legal indemnification agreement, and a traffic
control plan. Within five business days either the permit will be made available
at the Traffic Engineering Office or the applicant will be notified by phone as
to the necessary changes to the proposed plan.
WHAT ARE THE FEES ASSOCIATED WITH A PUBLIC RIGHT-OF-WAY BLOCKAGE PERMIT
Fees associated with a Public Right -of -Way Blockage Permit consist of a base
permit/service fee plus right-of-way occupancy charges based on a cost per square
foot per day rate. The base permit/service fee and the occupancy assessment charges
are dependent on the location of the work and the specific section of right-of-way
to be blocked. The current fees set by Ordinance No. 20465 are as follows:
ACTIVITY FEE
A. Parking Lane/Loading Zone Use
1. Permit/Service Fee* $80.00 (one time
2. Metered Parking Lane Occupancy Fee $ 0.0135/sq. ft./day
(or lane rendered unusable) (Min. charge of $4.25/day)
3. Unmetered Parking Lane Occupancy Fee $ 0.006/sq. ft./day
(or lane rendered unusable) (Min. charge of $1.00/day)
4. Meter Removal Fee $20.00 for first meter
$ 5.00 for each additional
5. Loading Zone Occupancy Fee $ 0.012/sq. ft./day
(Min. charge of $2.00/day)
�vAna ,T r'
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
INDEMNITY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
Whereas, the City of Corpus Christi has adopted the regulations of the Manual
of Uniform Barricade Standards and Practices by enactment of Ordinance No. 12425:
and
Whereas, Section III of said standards, entitles Procedure and Permit
Requirements, requires an applicant for a permit to close or block any part of a
roadway to file a statement with the director of the Department of Transportation
indemnifying the City against all claims or causes of action by reason of or arising
from the closing or blocking of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the
undersigned by the City of Corpus Christi, for the purpose of barricading, blocking
or closing a street, alley or other public right-of-way in said city, said permit
applicant agrees to indemnify and save harmless the City of Corpus Christi, its
agents and employees from any and all claims, lawsuits, demands, liabilities, losses
or expenses, including court costs and attorney's fees, for or on account of any
injury to any person, or any death at any time resulting from such injury, or any
damages to any property which arise or be alleged to have arisen directly or
indirectly, as a result of the granting of this permit.
"Permit applicant, during the term of operations specified in this Public
Right -Of -Way Blockage Permit, will provide and maintain at applicant's expense
comprehensive general liability insurance coverage with a contractural liability
endorsement and with minimum limits of $100,000 per person, $300,000 per occurrence,
and $50,000 for property damage, or will provide coverage as required by the Risk
Manager of the City of Corpus Christi pursuant to Ord. 19277. The City of Corpus
Christi will be named as Additional Insured on the policy. Evidence of required
insurance coverage will be by a Certificate of Insurance furnished to the director
of the Department of Transportation prior to the proposed blockage under this Permit."
Witnessmy(our) hand(s) this 11 day of July , 1991
02CJR.029
Kimberly D. Smith
Permit Applicant
Hydroneologist
Title
Applied Earth Sciences, Inc.
Company Name
11 go.
r rd,R /T r
Safety Control Plan
0)
O p
1 U
e0 `
Orn
0
o
m
L D_' N
m
0
rn
(0
0
r
11.
C
4
Corpus Christi,.Texas
day of 'l I L
,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
MAYOR
THE CITY
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
F CORPUS CHRISTI
021255