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Home My WebLink About021331 ORD - 02/11/1992AN ORDINANCE AUTHORIZING A USE PRIVILEGE AGREEMENT WITH KOCH REFINING COMPANY FOR THE RIGHT TO INSTALL AND MAINTAIN A RAW WATER PUMP STATION BUILDING AND A RAW WATER PIPELINE WITH THE CUNNINGHAM WATER TREATMENT PLANT PROPERTY FOR A ONE TIME FEE OF $10. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to enter into a Use Privilege Agreement with Koch Refining Company for the right to install and maintain a raw water pump station building and a raw water pipeline within the Cunningham Water Treatment Plant property for a one time fee of $10, all as more fully set forth in the contract, a substantial copy of which is attached hereto marked as Exhibit "A." AG5000.085.kp 021331 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, for and in consideration of the sum of Ten dollars ($10.00) and other good and valuable consideration to it in hand paid by Koch Refining Company (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 a raw water pump station building and a raw water pipeline as shown by a metes & bounds description attached hereto and made a part hereof as Exhibit A "Use Privilege Improvements" on the property known as the J.W. Cunningham Water Plant owned by the City of Corpus Christi in the City of Corpus Christi. TO HAVE AND TO 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 easement for the purpose of maintaining said Use Privilege Improvements, and it is further understood that the foregoing use privilege is granted upon the following conditions: A. The term of this Use Privilege Agreement shall be coterminous with the raw water agreement approved by City Council on January 7, 1992. S. 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 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 negligence of the indemnitees or any of them. Owner shall, at its own EXHIBII tW' 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 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 $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 insured with respect to any liability arising out of the Owner's negligent use, maintenance, or occupancy of the Use Privilege Improvements. In the event of threatened or actual litigation involving City, then upon City's written request, Owner shall provide copies of the policies of insurance contemplated herein. Such policies may not be cancelled, not renewed or materially changed without thirty (30) days written notice to the City in care of the Director of Engineering Services. D. The use of said area hereby granted shall in no way interfere with the construction or operation by the City of any water related operations. If City (or any other utility company with utilities located in said easement) needs access to the easement, Owner shall be responsible at its full expense for removing the Use Privilege Improvements, if necessary, in order to allow access to said utility lines for repairs and/or maintenance of said utility lines and either repairing the Use Privilege Improvements to its original condition or removing the Use Privilege Improvements at which time this Use Privilege Agreement shall terminate immediately. E. Owner shall be responsible for maintaining the Use Privilege Improvements in a first class condition at all times, at its own expense. At a minimum Owner shall be responsible for: 1. Erecting a six (6') foot high chain link fence with a minimum of three (3) strands of barbed wire on top, which encloses the raw water intake facilities and the pump station building, with a minimum of one (1) gate which must be interlocked with City's padlock. 2. Approximately 14 mowings per year, or more if the grass exceeds 4 inches in height. 3. Keep the pump station building structurally sound, clean, painted and in a manner that meets all State ot Texas water hygiene standards, regardless ot the reason or need therefor. 4. All operational and maintenance duties shall be performed by Owner at all times. 5. In the event ot construction, a temporary construction easement shall be approved by the City Manager. In such event, all equipment and materials shall be confined to the temporary construction easement and said easement shall be cleaned up to original condition when construction is complete. 6. Ingress & egress to the J.W. Cunningham Water Plant and the Use Privilege Improvements shall be limited to the North Gate and existing caliche road. City shall maintain the North Gate entrance and existing caliche road tor normal use by Owner. However, in the event of construction or abnormal use ot the North Gate or existing caliche road, Owner shall restore the North Gate or caliche road to its original condition prior to the construction or abnormal use at Owner's expense. 7. Owner shall provide security lighting at the pump station building which is acceptable to City. S. All physical damages to City property, which result trom Owner's negligent or non -negligent operation ot facilities, shall be repaired or paid tor at Owner's expense. 9. City shall have approval authority over Owner's design tor repair, reconstruction, or new construction. It City notifies Owner by certified mail ot any tailure to maintain or other failure to abide by the conditions set out above, Owner has 30 days to complete said maintenance or other compliance. Failure to do so shall terminate this use Privilege Agreement immediately. F. All applicable Federal State, and County laws and City ordinances shall be complied with and the necessary building permit shall be secured trom the City. G. The rights conferred herein shall not be assigned by Owner without the prior written consent of the City of Corpus Christi. IN 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: By: day of , 19 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 Christi, Texas, a Texas Municipal Corporation, on behalf of said corporation. Notary Public in and for the State of Texas The above Grant and Privilege is hereby accepted this the day of , 19, by Koch Refining Company, 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. By: Name: Title: THE STATE OF KANSAS COUNTY OF SEDGWICK as This instrument was , 19 Delaware CORPORATION, on acknowledged before me on by of Koch Refining Company, a behalf of said CORPORATION. Notary Public in and for the State of Kansas ,AN t'Al KILO COUNTY J 1 1 BHN W. CUNNINGHAM WATER TREATMENT PLANT ON STANDBY) CLOSED FF IN CANT NDER BLDG. 1 11 11 11 1 11 '1 1 I 1 1 !Q That the foregoing ordinance was read for the first time and passed to its second'reading the. '2 day of ---1\. li , (c `(� : , 19L/. -, by the following vote: Mary Rhodes (( (. , Cezar Galindo ( ((,, Leo Guerrero 1 (i( ( '( Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik (ty (t1 That the pregoing ordipance was read for the second time and passed to its third reading on this the cr day of d [ DP\ (0 tt- , 19 7D , by the following vote: (Lt O Edward A. Martin Of )1°_, Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria alt QQtLt- (Li ly Joe McComb (-tiL. Dr. David McNichols Clif Moss Mary Pat Slavik That the-fo egoing ordinance was read for the third time and passed finally on this the 1 1 day of ' t)(1.0 (rlc y , 19 tJ , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria PASSED AND APPROVED, this the / Edward A. Martin Joe McComb Dr. David McNichols Clif Moss (U (l 1. Mary Pat Slavik day of e A.R. (Ouy, 19 __ MAYOR THE CITY$F CORPUS CHRISTI APPROVED: ;,4 DAY OF , 19 : JAMES R. BRAY, JR., CITY ATTORNEY scr By . (J ( \ d at n u) c ,, Assistant City Attorney 044 021331