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HomeMy WebLinkAbout021283 ORD - 11/19/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH CORPUS CHRISTI RADIOLOGY CENTER, INC. TO INSTALL AND MAINTAIN TWO WOODEN POLES AND A COMMUNICATION CABLE IN THE CITY EASEMENT BEHIND THE PROPERTIES IN BLOCK 815, LOTS 55, 56, 57, 58, 59, AND 60, PORT ARANSAS CLIFFS SUBDIVISION, FOR A FEE OF $390; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a Use Privilege Agreement with Corpus Christi Radiology Center, Inc. to install and maintain two wooden poles and a communication cable in the City easement behind the properties in Block 815, Lots 55, 56, 57, 58, 59, and 60, Port Aransas Cliffs Subdivision, for a fee of $390, 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 th' ordinance is passed `►nd shall take effect upon first reading as an emergency measure this the 11' day of 6J'\ Q MLL, ij ;J , 1991. A 1'1 EST: City Secretary VMA R THE CITY -OP CORPUS CHRISTI APPROVED:, d DAY OF 6c14 e y , 1991 JAMES R. BRAY JR., CITY ATTORNEY By: 0 Assistant City Attorney) AG5000.055.kp MICROFILMED 021283 City of Corpus Christi USE PRIVILEGE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES That the City of Corpus Christi, acting by and through its duly authorized City Manager, Juan Garza, in accordance with Article IX, Section 1, Corpus Christi City Charter, tor and in consideration of the sum of Three Hundred and Ninety Dollars and No Cents ($390.00) to it in hand paid by Dr. Alvaro J. Ramos President of Corpus Christi Radiology Center 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, and as expressly limited by paragraph T herein regarding the City's interest in said easement, unto said Owner, a use privilege for the right to install and maintain Two (2) wooden poles and a communication cable at an elevation of 16 feet in the City easement located behind the properties in Block 815, Lots 55,56,59 & 60, Port Aransas Cliffs Subdivision of the City of Corpus Christi, and to extend such communication cables across lots 57 & 58 (not owned by Owner) of Port Aransas Cliffs Subdivision as recorded in Volume A, Page 27, Nueces County, Texas, Map Records as shown on the attached drawings marked Exhibit A. 10 HAVE AND 10 HOLD the same unto 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 wooden poles and a communication cable, and it is further understood that the foregoing use privilege is granted upon the following conditions: 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. 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 tXHIP/T 99 City of Corpus Christi w�. 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 ot attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. C. Owner shall have and maintain comprehensive general liability insurance in the minimum amounts of $1UU,000 tor each injured person; $300,00u for personal injury arising out of each accident, and $1UU,000 tor property damage arising out ot each accident. Such policies of insurance shall carry the City as an additional named insured. Upon City's written request, Owner shall provide copies ot all insurance policies. Such policies may not be cancelled, not renewed or materially changed without thirty (30) days written notice to the Director ot Engineering. D. The use ot 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 thereot. If 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 wooden poles and communication cable to its original condition or removing the wooden poles and communication cable at which time this use privilege agreement shall terminate immediately. E. No public street, or any portion thereot, shall be closed or barricaded to use by the public tor the purpose ot installing, repairing, or maintaining the wooden poles and a communication cable 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. F. Owner shall be responsible tor maintaining the wooden poles and communication cable at all times, at his own expense, regardless ot the type of damage that may occur. Owner shall be responsible tor maintaining, or repairing the wooden poles and communication cable to its original condition within thirty (30) calendar days after notice, from the City that repairs are needed. Failure to do so shall terminate this use privilege agreement immediately. Page - 2 City of Corpus Christi G. A11 applicable State, County laws and City ordinances shall be complied with and the necessary building permit shall be secured from the City. H. The rights conferred herein shall not be assigned by Owner without the prior written consent of the City of Corpus Christi as Lessor. 1. Verity depth and location of existing Water, Wastewater,Gas,C.P.a L., and S.W.B.T lines prior to drilling. The contractor needs to call the Texas One Call System (1-800-245-4545) for location of existing utilities. J. A complete set of construction drawings for the proposed work be submitted one week prior to onset ot construction. The drawings will show the depth and location of the proposed construction and distance from the existing water and wastewater lines. K. Any costs associated with the rearrangements or relocation of service drops, cables, or other Southwestern Bell equipment which may be required by this action will be at the Owner's expense. L. No work is to commence without 24 hours prior notice to the Water Division and Wastewater Division. M. Work shall be done under the inspection of a Water Division inspector. N. Backfill around existing waterline shall be in accordance with the City ot Corpus Christi Water Distribution standards and shall be properly tamped. Backfill around existing sewer lines shall be in accordance with City of Corpus Christi Standard specifications. O. Every precaution shall be taken so as not to disturb the soil surrounding the existing water and wastewater lines, including all thrust blocks. P. Should damage occur to any water or wastewater line, as determined by the City's representative, a City Water or Wastewater Division crew shall be brought in and allowed immediately to make all repairs. All costs (labor and materials) associated with the repairs will be absorbed by the Owner. Extent of damage and amount of repair shall be determined by the City's representative. O. Should damage occur to any waterline such that sand or soil enter main or service lines causing problems and/or damage to plumbing in private structures, Owner shall Page - 3 City of Corpus Chnsti have sole responsibility tor resolution with individual owners to include all costs associated with resolution. R. Damage to driveways, culverts, headwalls and any other structure, public or private, shall be repaired by the Owner at his expense, within 30 days atter being billed tor same. S. No equipment or material may be stored or lett overnight in City right-of-way. i. The City hereby authorizes this Use Privilege Agreement upon the request ot owner and does not warrant or represent to Owner, that the City possesses or hereby grants all rights or interests necessary tor Owner to construct and maintain the two (2) wooden poles and communication cables across lots 57 and 58, Block 815, Port Aransas Clitt Subdivision. All evidence of the City's right-ot-way interest is ot public record, Owner has made his own independent determination ot the interests granted by this Use Privilege Agreement and has not relied on any statement, representation, or warranty, either express or implied, from the City or Its officers, employees or agents as to the interests granted by this Use Privilege Agreement. 1N TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 19 . ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Juan Garza, City Manager APPROVED: day of .., , 19 By: Assistant City Attorney Page - 4 City of Corpus Christi WV 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 Christi, Texas, a Texas Municipal Corporation, on behalf of said corporation. Notary Public in and tor the State of Texas The above Grant and Privilege is hereby accepted this the day of 19,,.., , by Dr. Alvaro J. Ramos President of Corpus Christi Radiology Center, Inc. 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. CORPUS CHRISTI RADIOLOGY CENTER INC. By: Name: Dr. Alvaro J. Ramos Title: President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ._...._._..._....._........_..._...__....._......__................_.._._._., 19 , by Dr. Alvaro J. Ramos as President of Corpus Christi Radiology Center Inc., a (State) CORPORATION, on behalf of said CORPORATION. Notary Public in and for the State of Texas Name: Expiration date: Page - 5 LAA I ST r rn SINCLAIR I I °j, a° I W °e ,105 d/ N AUSTIN ST. it III, o� qL ` .� T. •-••--H-..��li .- -.tei--!-- -�a -- T .O ' TOPEKA ST. � J Y n 71/ IN * --4-I N, eA.GLirrs $tLck Si LaTs SS -66 - - - S9 -G6 Si Ta £nSNE`N% �. ci/5%/Nb \�L i f, ieo Ye SED /Y, kJ /S /aLG $ J { -- L'AbLL % " 7;„ nr 8 7 /4/09Huro Nl<6r// /L' Fib. 1 3S4L .� r-v_E 3354 336 ,9 .LRN/n1)H 2 2 4/n h n /h or Or/ 7 sy "•, a/ IT A" LAN I ST. o} III M1 mb >«> ,.• sir 0 LI ,i+ `(`/1 t 1„8.\.V r"Ery>gh. 1'.""( 141 lit i •tie -1� `���- 11 TOPEKA ST 'I°j1 t gid/ o") SOUTH AL Sire eA.GLLFFs SLAG 8/r Lars sS-Sb - - - S9--6 O`er\ re.6 O4SED /Yc aJ I -S /O OLG s C-�- C'AlLE 77. {%c//2P 6 iASNEN% ce/577;y6 41" Pei • 0 /W'mnoro Hrtnr /L' /76. r'V7.1- /Id mine C£ r 3S4h 2554 2LRME�29 _3 Set to h 4/ IT "A" I. '1 c. ti .....H.-- _ ��I_---$nom -.-.. 4_ -, I 'I -- >H--. .171. .I I Y -_,..c.,_, . SOUTH AL Sire eA.GLLFFs SLAG 8/r Lars sS-Sb - - - S9--6 O`er\ re.6 O4SED /Yc aJ I -S /O OLG s C-�- C'AlLE 77. {%c//2P 6 iASNEN% ce/577;y6 41" Pei • 0 /W'mnoro Hrtnr /L' /76. r'V7.1- /Id mine C£ r 3S4h 2554 2LRME�29 _3 Set to h 4/ IT "A" I. '1 c. ti Corpus Christi, Texas day of 1NI./l1 k) , 19 1 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 .N��scs S7 MAY R THE CITY F 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 (1-1/35 ail I.0 Li Af - 0°1°83