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
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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
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