HomeMy WebLinkAbout021497 ORD - 10/13/19921
TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE
AGREEMENT WITH FIRST OFFICE MANAGEMENT, INC. TO
INSTALL TWO MONITORING WELLS WITHIN THE CITY'S RIGHT-
OF-WAY OF TANCAHUA AND ANTELOPE STREETS; ESTABLISHING
A USE FEE OF $780; AND DECLARING AN EMERGENCY.
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 First Office Management, Inc. to install two monitoring wells within the City's right-
of-way of Tancahua Street approximately 38 feet south of its intersection with Antelope, and within
City's right-of-way of Antelope Street approximately 72 feet east of its intersection with Tancahua,
and establishing a use fee of $780, 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 passe4 and sh 11 take effect upon first reading as an emergency
measure this the '2) day of Lk,j 1111 , 1992.
ATTEST:
Arma
o Chapa, City Secretary
THE CITY OF CORPUS CHRISTI
MAYOR, MAR HODES3L-fr
APPROVED: % DAY OF , 1992
JAMES R. BRAY, JR., CITY ATTORNEY
It rneeeu,u {
Assistant C. Attorney
AG5000.229.ajr
021497
tAvegoLOCD
City of
Corpus
Christi
MONITORING WELL - USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
That the City or Corpus Christi. acting by and through its
duty authorized City Engineer. Carl Crull. Tor and in
consideration or the sum or seven hundred and eighty dollars and
no cents (11"'R��4Oba,k s�t in hand paid by First OtSi e
sT) Marco.
Management, .2 T! hereinarrter the Permittee i of �O.FF�zto
County. Texas. the receipt ot 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 two monitoring wells 8 inches in
diameter, 34 feet deep and a length of time of 2 years within the
Property known as American Bank Plaza 711 N. Carrancahua St
approximately 72 feet east and approximately 38 feet south from
the intersection of Tancahua and Antelope property lines on City
right-ot-way, in the City or Corpus Christi as shown on the
attached drawing marked Exhibit A.
TO HAVE AND FO HOLD the same unto Permittee. 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-ot-way for the purpose of constructing.
maintaining and the removal of said monitoring wells. and it is
rurther 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
at 60 dans notice in writing by the City ot Corpus Christi.
B. Permittee shall fully indemnity. save and hold harmless
the City of Corpus Christi. its officers. employees and agents
!hereinatter 'the indemnitees.) against any and all liability.
damage. loss. claims. demands and actions ot any nature
whatsoever on account ot personal injuries (including. without
limitation on the foregoing. workers" compensation and death
Cialmsl. or property loss or damage or any kind whatsoever. which
arise out of or are in any manner connected with. or are Claimed
to arise out Or or be in any way connected with. the oertormance
ot this Permit. unless such iniury. loss or damage shall be
caused by the sole negligence of the indemnitees or any ot them.
Permittee snail. at its own expense. investigate all such claims
and demands. attend to their settlement or other disposition.
L, /;L. /
City of
Corpus
Christi
]etend all actions based thereon and pay all charges ot attorneys
and all other costs and expenses ot 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 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 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) dans 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 for
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 wells in the City
of Corpus Christi right-ot-way. the variance must be obtained in
writing from the Texas Water Commission in Austin, Texas. Copies
of said variance shall be provided to the City and attached
hereto for all purposes as Exhibit "S".
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 tor all purposes as Exhibit "C".
G. No public street, or any portion thereat, shall be
closed or barricaded to use by the public tor the purpose ot
installing, repairing, or maintaining the monitoring wells until
atter the Permittee or its contractor has tiled with this office
an approved traffic control plan per the City Traffic Engineering
Office.
H. All city utility departments, Central Power & Light,
Southwestern Sell and Texas Cablevision or any other companies
that may be affected by the montoring wells must be notified 24 -
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 specitications for all work
proposed will be submitted to the Department of Engineering tor
approval, prior to beginning construction.
Face - 2 ___
City of
Corpus
Christi
Permittee will repair or cause to be repaired any damage
to any landscapinq, 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 wells.
K. A City Inspector may request a utility line to be
uncovered to verity its depth and/or location. A11 backtill and
repairs ot 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. It a City Inspector is required at the job site the
Grantee shall pay a daily rate ot $235.10 tor each day spent
inspecting construction, maintenance, repair, replacement.
relocation or removal ot the monitoring wells pursuant to the
monitoring well permit. Any time in excess ot eight l8) hours per
day, Saturday. Sunday and/or Holidays, shall be calculated at a
daily rate of $44.08 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 tor resolution with individual owners, including
all costs associated with resolution.
N. No equipment or material may be stored or lett overnight
in City right-ot-way.
0. The Permittee and/or its Contractor will not clean
equipment or material at site.
P. Monitoring wells will be allowed within the concrete
areas. The monitoring wells will not protrude above the natural
ground, in order to provide safety for the public, and a Sealed
covering will be provided to prevent surtace water from entering
into said monitoring well causing possible contamination of said
well.
0. Permittee shall adjust or relocate the above described
monitoring wells. at its own expense, it necessary tor the
Present or tuture construction of any public utilities, or change
in street grade or pattern on the streets or tor any other reason
ot the City stated in writing to Permittee.
R. The construction ot the monitoring wells 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
1
City of
Corpus
Christi
ether uses. or the maintenance thereof. 1t City for any other
company with utilities located in said Right-Ot-Wayl needs access
to the Right -Of -way containing the monitoring wells, permittee
shall be responsible tor either repairing the monitoring wells to
its original condition or removing the monitoring wells at which
time this Monitoring Well Permit shall terminate immediately.
S. The rights of construction conterred herein shall not be
assigned by Permittee without the prior written consent of the
City of Corpus Christi.
T. Monitoring Well Permit will expire two (2) years from
the date of issuing. At which time the monitoring wells will be
removed per specifications by the City ot Corpus Christi and the
Texas Water Commission in Austin. Texas.
U. Written notice shall be directed:
IF TO CITY: IF TO PERMITTEE:
City Engineer Jean Shivers - Property Manager
P.O. Box 9277 P. . Sox 31t6c.a711 A1. C-ArMNCaAa 21b
Corpus Christi. Texas 78469 Dettaa. Texas 7-sarieV7S—
Ceap"J tsousii
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: �''f
_,;6_day ot y._C-1,tP 1142.,6 19 7D
Assistant City Attorrrey
T
Page - 4
City of
Corpus
Christi
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged betore 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 ot
19 , by Jean ,Shivers as
Property Manager, said Permittee agrees to keep and perform the
conditions imposed by said Grant and Privilege and that it is
bound by all ot the terms ot same.
STATE OF TEXAS
COUNTY OF NUECES
J 4
PETTEE - First Office Management, Inc -
8y:
Na : Jean Shivers/490UT
Ti le: Property Manager
This instrument was acknowledged betore me on
1972, by Jean Shivers Property Manager, First Office anagement,
Inc..a Texas Corporation, on behalf of said Corporation.
Notary Pub 1 in/ an• -orC tie State ot Texas
Name: �/� -
S
MY Commission Expires:
2
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John Hall, Chairman
Pam Reed, Commissioner
Peggy Garner, Commissioner
TEXAS WATER COMMISSION
PROTECTING TEXANS' REALM AND SAPEIY BYPREYENI'ING AND REDUCING POLLUTION
September 29, 1992
Ms. Sean Shivers
First Office Mgt.
711 North Carauoahua
Corpus Christi, TX 78475
Re: Alternate well plugging method proposed by First Office Mgt.
for wells located in City of Corpus Christi right-of-ways
Dear Ms. Shivers:
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, Head
Water Well Drillers'
Advisory Council
Assistance Unit
EXHIBIT "B'
P.O. Box 13087 • 1700 North Congress Avenue • Austin, Texas 78711-3087 • 512/463-7830
vsanlm ON auCYCIin PAM
1'
CORPUS CHRISTI, TEXAS
day of t L 4-(-(�i� , 102--
TO
9l?2-
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
OF CORPUS
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
61.ottI*
021497