HomeMy WebLinkAbout021343 ORD - 03/10/1992AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
NUECES COUNTY MENTAL HEALTH MENTAL RETARDATION FOR THE RIGHT
TO INSTALL AND MAINTAIN A DATA COMMUNICATION CABLE IN THE RIGHT-
OF-WAY OF BROWNLEE BOULEVARD ADJACENT TO LOTS 33 THROUGH 45,
BLOCK 1003, FITCHUE PLACE, AND CROSSING MCKENZIE STREET, EAST OF
BROWNLEE BOULEVARD, TO LOT 1, BLOCK 1002-A, BAY TERRACE NO. 2, TO
CONNECT PROPERTIES AT 1546 AND 1630 BROWNLEE BOULEVARD, AND
ESTABLISHING A ONE TIME FEE OF $495; 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 Nueces County Mental Health Mental Retardation for the right to install and
maintain a data communication cable in the right-of-way of Brownlee Boulevard adjacent to Lots
33 through 45, Block 1003, Fitchue Place, and crossing McKenzie Street, east of Brownlee
Boulevard, to Lot 1, Block 1002-A, Bay Terrace No. 2, to connect properties at 1546 and 1630
Brownlee Boulevard, and establishing a one time for of $495, 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 immediate action necessary 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 shall take effect upon first reading as
an emergency measure this the /3 day of /\4 J C 11_ , 1992.
A 1 1'EST:
City Secretary , MAY R
THE CITY F CORPUS CHRISTI
APPROVED: 4TH DAY OF MARCH, 1992
JAMES R. BRAY JR., CITY ATTORNEY
By:
Assistant Cify Attorney
RY1840.058.kp
021343
' I (IFILME[-
City of
Cornus
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 ot the sum ot Four Hundred Ninety Five
Dollars ($495.00) to it in hand paid by Nueces County
M.H.M.R. Community Center (hereinatter the Owner), of Corpus
Christi, Nueces County, Texas, the receipt ot 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 tor the
right to install and maintain a Data Communication Cable at
a min. depth of three (3) feet in the right-ot-way of
Brownlee Boulevard adjacent to Lots 33-45, Block 1003,
Fitchue Place, and crossing McKenzie Street, east of
Brownlee Boulevard, to Lot 1, Block 1002-A Bay Terrace No.
2, to connect properties at 1546 and 1630 Brownlee
Boulevard, "Use Privilege Improvements" on the properties
known as Fitchue Place Subdivision Blk. 1003 Lots 33 thru 45
ot the City ot Corpus Christi, as recorded in Book 2, Page
14, and Bay Terrace No.2 Subdivision Blk. 1002-A Lot 1 of
the City of Corpus Christi, as recorded in Book A, Page 26,
Nueces County, Texas, Map Records as shown on the attached
drawings marked Exhibit A.
TO HAVE AND TO HOLD the same unto Owner, its
successors and assigns, together with the right and
privilege under the conditions and terms hereot, at any and
all times to enter upon the above described right-of-way for
the purpose ot maintaining said Use Privilege Improvements,
and it is further understood that the foregoing use
privilege is granted upon the toliowing 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 indemnity, save and hold
harmless the City of Corpus Christi, its otticers,
employees, and agents (hereinatter "the Indemnitees")
against any and all liability, damage, loss, claims, demands
and actions ot any nature whatsoever on account of personal
injuries (including, without limitation on the foregoing,
workers' compensation and death claims), or property loss or
damage ot 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 placement and continued
use ot the Data Communication
^^ Cable, unless such injury,
Ckh, 1,1) f GT ��
City of loss or damage to Indemnitees shall be caused by the sole
Corpus negligence of the indemnitees. Owner shall, at its own
Christi expense, investigate all such claims and demands, attend to
wse, 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 tor each injured person; $300,000 tor 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.
Upon City's written request, Owner 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 in care of the Director of
Engineering Services.
D. The use ot said area hereby granted shall in no
way interfere with the construction or operation by the City
ot any existing or tuture proposed sidewalks, utility lines,
or other uses, or the maintenance thereof. Any interest or
rights granted herein, shall be subordinate to all present
or tuture use of this right-ot-way by the City or utility
company. It City (or any other utility company with
utilities located in said right-of-way) needs access to the
right-ot-way,, Owner shall be responsible at its full expense
for removing the Use Privilege Improvements in order to
allow access to said utility lines tor repairs and/or
maintenance ot said utility lines and either repairing the
Use Privilege Improvements to its original condition or
removing the said Use Privilege Improvements at which time
this use privilege agreement shall terminate immediately.
E. 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 Use Privilege
Improvements until atter the owner or his contractor has
filed with this office a detour and/or barricading plan that
has been approved by Traffic Engineerin@.
F. Owner shall be responsible for maintaining the
Use Privilege Improvements at all times, at his own expense,
regardless of the type ot damage that may occur, within
thirty (30) calendar days ot notice of damage to Owner.
Owner shall be responsible tor maintaining, or repairing the
Use privilege Improvements to its original condition.
Failure to do so shall terminate this use privilege
agreement immediately.
G. All applicable State, and County laws and City
ordinances shall be complied with and the necessary building
permit shall be secured trom the City.
Page - 2
Cliv of
Cornus
Christi H. The rights conferred herein shall not be assigned
Wsi. by Owner without the prior written consent (DT the City of
Corpus Christi.
1. Owner shall verity depth and location ot existing
Water, Wastewater, Gas, C.P.& L., and S.W.B.T lines prior to
boring and excavating. 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 tor the
proposed work shall be submitted one week prior to onset of
construction. The drawings will show the depth and location
ot the proposed construction and distance from the existing
water and wastewater lines.
K. Any costs associated with the rearrangements or
relocation ot service drops, cables, or other Southwestern
Bell or C.P.& L. 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, Gas and Wastewater Divisions.
M. Work shall be done under the inspection of a Water
Division inspector.
N. City Gas inspector will be required at the job
site while work is being performed around existing
gasline(s).
0. 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 paid by
the Owner. Extent ot damage and amount ot repair shall be
determined by the City's representative.
P. Should damage occur to any waterline that cause
problems and/or damage to plumbing in private structures,
Owner shall have sole responsibility tor resolution with
individual owners to include all costs associated with
resolution. Upon tailure to resolve by the Owner, the City
may declare an immediate termination ot this Use Privilege
Agreement and seek indemnification from Owner tor any
expenses or costs incurred by the City to remedy any
problems.
0. Backfill around existing waterline shall be in
accordance with the City of Corpus Christi Water
Distribution standards and shall be properly tamped.
Backtill around existing sewer lines shall be in accordance
with City of Corpus Christi Standard specitications.
Page - 3
Citv of
Conus R. Every precaution shall be taken so as not to
C}1P1SL1 disturb the soil surrounding the existing water and
4/1.1"...0ftr wastewater lines, including all thrust blocks.
s
S. 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.
T. No equipment or material may be stored or lett
overnight in City right-ot-way.
U. Owner will place markers at the points where such
cables enter or leave a street and/or drainage right-of-way.
Such markers shall be of permanent construction bearing
cables Owner's name and emergency telephone number and
placed at the edge ot the public right-of-waY.
V. The City hereby authorizes this Use Privilege
Agreement upon request ot owner and does not warrant or
represent to Owner, that the City possesses or hereby grants
all rights or interests necessary for Owner to construct and
maintain a data communication cable in the right-of-way of
Brownlee Boulevard adjacent to Lots 33-45, Block 1003,
Fitchue Place, and crossing McKenzie Street, east of
Brownlee Boulevard, to Lot 1, Block 1002-A, Bay Terrace
No.2, to connect properties at 1546 and 1630 Brownlee
Boulevard. All evidence of the City's right-of-way interest
is of public record, Owner has made its own independent
determination of 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.
IN TESTIMONY WHEREOF, the City of Corpus Christi has
caused these presents to be executed on this the
day ot , 19
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
oFi/i day of /7a2CG6 , 15122
By -7 : - - GCfe-7/ /-/ll
Assistant City Attfjrney
By:
Juan Garza, City Manager
Page - 4
Citv of
Corpus
Christi
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 ot Texas
The above Grant and Privilege is hereby accepted this
the day of , 19 , by Wallace E.
Whitworth Jr. Executive Director of Nueces County M.H.M.R.
Community Center 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.
NUECES COUNTY M.H.M.R.
COMMUNITY CENTER
B y : 61?thL
Name: Wallace E. Whitwort•, Jr.
Title: Executive Director
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
V ory ar\ 7.1% , 19 k , by Wallace E. Whitworth Jr. as
Executive Director of Nueces County M.H.M.R. Community
Center.
L BETH DARDEH
Notary wait
STATE OF TEXAS
MT Comm Exp. March 31, 1993
Notary Public in and for the
State ot Texas �^
Name: 1/4-, �"?�\n `41c-�`l
Expiration date: -3-3\-S?
Page - 5
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n EXHIBIT "A”
Corpus Christi, Texas
0
day of L.-`�Jfl (� 1 , 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
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
THE CITY OF CORPUS CHRISTI
021343