HomeMy WebLinkAbout021493 ORD - 10/06/19921
T
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
SUSSER ENVIRONMENTAL SERVICES TO INSTALL A MONITORING WELL
WITHIN THE RIGHT-OF-WAY OF CORN PRODUCTS ROAD APPROXIMATELY
200 FEET SOUTH FROM LEOPARD STREET, H. L. KINNEY PARCEL 6, NUECES
COUNTY, TEXAS, MAP RECORDS, 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 Susser Environmental Services to install a monitoring well within the right-of-way
of Corn Products Road approximately 200 feet south from Leopard Street, H. L. Kinney Parcel 6,
Nueces County, Texas, Map Records, 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 is passe and s all t effect upon first reading as an emergency
measure this the (0 day of (L1J , 1992.
Armando Chapa, City Secrdfary
THE CITY OF CORPUS CHRISTI
Y RHODES
APPROVED: 5 DAY OF Ln.to,4 , 1992
JAMES R. BRAY, JR., CITY ATTORNEY
By: (k (11 aw,
Assistant City Attorney
AG5000.220.ajr
T i T
MAYOR,
kmcgana- 40°
021493
City of
Corpus
Chnsti
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 of four hundred and fifty dollars and no
cents (6450.00) to it in hand paid by SUSSER ENVIRONMENTAL
SERVICES. (hereinafter the "Permittee" ) of Corpus Christi,
Nueces County, Texas, the receipt of which is hereby
acknowledged, does grant, upon agreement with the conditions
hereinafter stated, unto said Permittee, a monitoring well permit
tor the right to install, maintain and remove one monitoring well
4 inches in diameter, 40 Leet deep and a length of time oT 1
year, within the property known as 821 Corn Products Road on City
Right -Of -Way approximately 200 feet south from Leopard Street, 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-of-way for the purpose of 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
of 60 days notice in writing by the City of Corpus Christi.
B. Permittee 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
if T
City of
Corpus
Christi
of this Permit, unless such injury, loss or damage shall be
caused by the sole negligence of the Indemnitiees or any of them.
Permittee 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 of attorneys
and all other costs and expenses of any kind arising from 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 for each
injured person; $300,000 tor personal injury arising out of each
accident, and $100,0OD tor property damage arising out of each
accident. Such policies of 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 of monitoring well.
E. Prior to obtaining this permit a variance will be
required to backfill the monitoring well at the time of removal
with a solid column of 100% bentonite, in its dry form,
throughout the entire depth of the monitoring well in the City of
Corpus Christi right-of-way, the variance must be obtained in
writing trom the Texas Water Commission in Austin, Texas. Copies
of 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 from the appropriate agencies, prior to obtaining this
Permit. Copies of 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 for the purpose of
installing, repairing, or maintaining the monitoring well until
atter the Permittee or its contractor has tiled with this office
an approved traffic control plan per the City Tratfic Engineering
Oft ice.
H. All city utility departments, Central Power & Light,
Southwestern Bell and Texas Cablevision or any other companies
that may be affected by the montoring well must be notified 24 -
Page - 2
City of
Corpus
Christi
hours prior to construction. The Texas One -Call number must be
notified at 1-800-245-4545 for existing utilities location.
I. 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 verify its depth and/or location. All backfill and
repairs of any kind will be made according to City Standards
and/or City Inspector's request. All work and repairs will be at
Permitee's or its contractor's expense.
L. If a City Inspector is required at the job site the
Grantee shall pay a daily rate of $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 of eight (8) hours per
day, Saturday, Sunday and/or Holidays, shall be calculated at a
daily rate of 344.08 per hour. These funds shall be paid to the
appropriate City department within the City of 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 for resolution with individual owners, including
all costs associated with resolution.
N. No equipment or material may be stored or left overnight
in City right-of-way.
O. The Permittee and/or its Contractor will not clean
equipment or material at site.
P. 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 for 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
11 r
City of
Corpus
Chnsti
�l. Permittee shall adjust or relocate the above described
monitoring well, at its own expense. if necessary for the present
or future construction of any public utilities, or change in
street grade or pattern on the streets or for 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 thereof. If City (or any other
company with utilities located in said Right -Of -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 of Corpus Christi.
T. Monitoring Well Permit will expire one (1) year from the
date of issuing. At which time the monitoring well will be
removed per specifications by the City of Corpus Christi and the
Texas Water Commission in Austin, Texas.
U. Written notice shall be directed:
IF TO CITY:
City Engineer
P.O. Box 9277
Corpus Christi. Texas
IF TO PERMITTEE:
Red Kluck - Environmental Consultant
9501/2 E.Port
78469 Corpus Christi, Texas /8469
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused
these presents to be executed on this the day of
, 19.
ATTEST:
City Secretary Juan Garza. City Manager
CITY OF CORPUS CHRISTI
8Y:
Page - 4
City of
Corpus
Chnsti
APPROVED:
15 day of i€ILAch &.
sykz_ACcALK,,14
Assistant City Attor ey
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
/4' day of SCr76t-ISER , 199'.R, by Red Kluck as
Environmental Consultant, Susser Environmental Services, 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 S =-- r/1vi.►�onmental Services.
By.
Name: Red Kluck
Title: Environmental Consultant
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ,,iC /V ,
1992 , by Red Kluck as Environmental Consultant of Susser
Environmental Services.,a Texas Corporation, on behalf of said
Corporation.
r
Notary Public i and tor the State of Texas
Name: Pe S. .Pf u2fe-7/9
My Commission Expires: i J-/9_9
Page - 5
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FYHIRIT
-SEP -09-'92 WED 16:55 ID:TEXAS WATER COMM: TEL NO:512-371-6202 0791 Pq
MISERS
FenDM Clans
Jry F. Retire, Vise Choker
dere Fmk Odra se rry
CPASBalm HSI
Cry D. sr
Cary IMadrwn. Jr.
Wakes QMd Leas
Fere MOarlbq}, Jr.
Me 11. WAS
TEXAS WATER WELL DRILLERS BOARD
11W Mra Cavgs Awrw
Ro.IOX 1nr
aumi,in mmml i
September 9, 1992
p12►mamk
Mr. Red 'Cluck
Sasser Petroleum
P.O. Box 9036
Corpus Christi, Texas 787469
Be; Alternate well plugging method proposed by Susser Petroleum
for wells located in City of Corpus Christi, Texas right-of-
ways.
Dear Mr. Rluck:
Due to the locations of wells in city right-of-ways, the alternate
procedure of using 100% bentonite throughout the entire depth of
the wells is acceptable.
If you have any questions, please call me at (512)371-6299.
Sincerely,
Steve Wiley
EXHIBIT "E
CORPUS CHRISTI, TEXAS
0 day of(Q( jJt) ,1902
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,
COUNCILMEMBERS
MAYOR
THE C OF 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
021493