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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 ONI1H011 2131311I213d 101 1NVJVA n z 0 • • 1 1 S I c htu 1•m l •o a ••• a •.,, � S •W t N n I 2 r - I •N • ...I E i rNu It 101 1 1 r -n21 Op A A0 rn ;O m FrnN ID > N 0 Oln D 0 z 1— rn rn z 0 z 11 1' 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