HomeMy WebLinkAbout021518 ORD - 11/17/1992AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE
AGREEMENT WITH SPOHN HOSPITAL FOR THE RIGHT TO INSTALL AND
MAINTAIN AN AERIAL DATA COMMUNICATION CABLE IN THE RIGHT-OF-
WAY OF AYERS STREET, EXTENDING WEST ACROSS THIRD AND SANTA FE
STREETS AND ALONG BOOTY, CROSSING AYERS AND BOOTY; ESTABLISHING
A USE FEE OF $1716; 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 Spohn Hospital for the right to install and maintain an aerial data communication
cable in the right-of-way of Ayers Street, extending west across Third and Santa Fe Streets and along
Booty, crossing Ayers and Booty on the properties known as Bay Front Terrace Subdivision, Blocks
10 and 11, as recorded in Vol. 9, Pages 38-41, Ocean View Subdivision, Blocks 8 and 9, as recorded
in Book V, Pages 53-55, Bay Terrace No. 2 Subdivision, Block 403, as recorded in Book A, Page 26,
and Del Mar Subdivision Block 7 as recorded in Vol. 4 Page 10, Map Records, Nueces County,
Texas, to connect properties on Ayers Street, and establishing a use fee of $1716, 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 passed and shall take effect upon first reading as an emergency
measure this the / 3 day of ii1,��
jfl i^.,,�P�.1 , 1992.
AFIEST:
Armando Chapa, City SecYetary
APPROVED: 1 DAY OF , 1992
JAMES R. BRAY, JR., CITY ATTORNEY
(Li aty„.6
Alison Gallaway
Assistant City Attorney
AG5000.0244.ajr
THE CITY OF CORPUS CHRISTI
MAYOR, MA?t.RHODES
021518
MICROFILMED
1
City of
Corpus
Christi
_SE PRIVILEGE AGREEMENT
THE STATE Of- TEXAS
COUNTY OF' NUECES
That the City ot Corous Christi. acting by and through
its duly authorized City Manager, Juan Garza. in accordance
with Articie IX. Section 1. Corous Christi City Charter, tor
and in consideration or the sum or one thousand seven
hundred sixteen Dollars (51,716.00) to it in hand paid by
Spohn Hospital a Texas non-protit coro. thereinafter the
Owner), of Corpus Christi. Nueces County, Texas. the receipt
or which is hereby acknowledged, has granted and conveyed
and by these presents does grant and convey, upon the
conditions hereinatter stated, unto said Owner, a use
privilege tor the right to install and maintain an aerial
data communication cable serving Bay Front Terrace
subdivision blocks 10 and 11, Ocean View subdivision blocks
8 and 9, Bay Terrace No.2 subdivision block 403, and Del Mar
subdivision block 7, in the right-of-way ot Ayers Street,
extending west across Third and Santa Fe streets and along
Booty, crossing Ayers and Booty, "Use Privilege
Improvements" on the properties known as Bay Front Terrace
Subdivision Blks. 10 and 11 ot the City or Corpus Christi,
as recorded in Vol. 9. Pages 38-41, Ocean View Subdivision
Blks. 8 and 9 or the City ot Corpus Christi. as recorded in
Book. V, Pages 53-55, Bay Terrace No.2 Subdivision Blk.403 ot
she City or Corpus Christi. as recorded in Book A. Page 26.
and Del Mar Subdivision Blk.7 at the City ot Corpus
Christi, as recorded in Vol. 4, Page 10, 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 hereof, at any and
all times to enter upon the above described right-ot-way tor
the purpose ot maintaining said Use Privilege Improvements.
and it is further understood that the foregoing use
privilege 1s granted upon the following conditions:
A. it is understood and agreed that the use orivilege
hereby granted may be revoked at any time upon the giving ot
60 days notice in writing by the City ot Corpus Christi.
B. Owner shall fully indemnity, 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 ot any nature whatsoever on account ot personal /�
City of
Corpus
Christi
injuries Lincluding. without ilmitation :;n t:`ie foregoing.
workers compensation and death claimsl, or property loss Or
damage or any kind whatsoever. which arise out ot or are in
any manner connected with. or are claimed to arise out ot or
be in any way connected with. the placement and continued
use of the Data Communication Cable. unless such injury.
loss or damage to Indemnitees shall be caused by the sole
negligence of the indemnitees. Owner shall. at its own
expense. investigate all such claims and demands, attend to
their settlement or other disposition. detena all actions
based thereon and pay all charges ot attorneys and all other
cost and expenses ot any kind arising trom any such
liability, damage. loss, claims. demands. and actions.
C. Owner shall have and maintain comprehensive
general liability insurance in the minimum amounts ot
$100,000 tor each Injured person; $300.000 tor personal
injury arising out ot each accident, and $100.000 tor
property damage arising out ot each accident. Such policies
ot insurance shall carry the City as an additional insured.
Upon City's written request, Owner shall provide copies ot
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 ot the Director ot
Engineering Services.
0. The use ot said area hereby granted shall in no
way intertere with the construction or operation by the City
of any existing or tuture proposed sidewalks. utility lines,
or other uses. or the maintenance thereot. Any interest or
rights granted herein, shall be subordinate to all present
or tuture use ot 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 tull expense
Tor 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
tiled with this ottice a detour and/or barricading plan that
has been approved by Trattic Engineering.
F. Owner shall be responsible tor maintaining the
Use Privilege Improvements at all times, at his own expense.
regardless ot the type of damage that may occur, within
thirty (30) calendar days ot notice of damage to Owner.
Owner shall be responsible tor maintaining, or repairing the
City of
Corpus
Christi
w...
Use privilege Improvements to its oriainai condition.
Failure to do so shall terminate this use privilege
agreement immediately.
G. All aoollcable State. and county laws and city
ordinances shall be complied with and the necessary building
Permit shall be secured trom the City.
H. The rights conterred herein shall not be assigned
by Owner without the prior written consent of the City of
Corpus Christi.
1. Owner shall verity depth and location of existing
Water. Wastewater, Gas, C.P.& L., and S.W.8.1 lines prior to
boring and excavating. The contractor needs to call the
Texas One Call System (1-800-245-45451 tor location ot
existing utilities.
J. A complete set or construction drawings tor the
Proposed workshall be submitted one week prior to onset ot
construction. The drawings will show the location of the
proposed construction.
K. Any costs associated with the rearrangements or
relocation or service drops, cables, or other Southwestern
Bell or C.P.& L. eauipment which may be reauired 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. 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 of damage and amount of repair shall be
determined by the City's representative.
N. Should damage occur to any waterline that cause
oroblems 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 trom Owner tor any
expenses or costs incurred by the City to remedy any
problems.
O. Damage to driveways, culverts, headwalls and any
other structure. public or private, related to installing,
repairing or maintaining the Use Privilege Improvements
shall be repaired by the Owner at his expense. within 30
days atter being billed tor same.
Page - 3
City of
Corpus
Christi
F. No equipment or material may to stored or lett
)vernight in City rlgnt-ot-way.
Q. Uwner will place markers at the points where such
cables enter or leave a street and/or drainage right-ot-way.
Such markers shall be of permanent construction bearing
cables Owners name and emergency telephone number and
placed at the edge ot the public right-ot-way.
R A contract will need to be signed with C.P.L.
prior to use ot C.P.& L.'s poles. I1' any adjustments 1s
needed to C.P.L. facilities the cost will be paid by Spohn
Hospital.
S. The City hereby authorizes this Use Privilege
Agreement upon request of owner and does not warrant or
represent to Owner, that the City possesses or hereby grants
all rights or interests necessary tor Owner to construct and
maintain a data communication cable in the right-of-way ot
Ayers Street. extending west across Third and Santa Fe
streets and along Booty, crossing Ayers and booty. All
evidence ot the City's right-ot-way interest is ot 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 otficers,
employees or agents as to the interests granted by this Use
Privilege Agreement.
IN TESTIMONY WHEREOF, the City ot Corpus Christi has
caused these presents to be executed on this the
day ot ....._... , 19 ..
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
13..__ day of `:.P -b rx-04__, 19.5.
Assistant City Attorne
A lis on Cca(l�wax�
BY:
Pace - 4
Juan Garza, City Manager
1
City of
Corpus
Christi
THE STATE OF TEXA.7
COUNVY OF NUECES
This instrument was acknowledged betore me on
.... 19,, by Juan Garza as City Manager of
the City of Corous 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 ___13th_ day of N.C.L:ENBEP 19 92 , by Lester E.
Surrock Vice President, Finanical Services of Spohn Hospital
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.
SP N HOSPITAL 4a,/
By: E.Sw„..trt
Name: Lester E. Surrock
Title: Vice President.
Financial Services
THE STATE OF TEXAS
COUNTY OF NUECES
/5 his instrument was acknowledged betore me on
, 194.1,_, by Lester E. Surrock as Vice
Press nt of Financial Services with Spohn Hospital a Texas
non-profit corporation on behalf of said corporation.
RUTH C. WIMBERLY
Men PSC, ate of Tana
My C—lubn Expires 4/WN
y
Not ry Public in and
State of Texas
Name:
Expiration date:
'age - 5
i
- lt;\L-..��- ..� AREA SITE
MORGANROAN STREET
Q'' SPOHN HOSPITAL
\ CORPUS CHRISTI, TEXAI
\ 711\
2
LIA__ _
ID
ELIZABETH STREET
Ka., r • ,a
BOOTY STREET
AYRES STREET
AREA SITE PLAN
.GALT, ,' • ,AA'
GRAPHIC SCALE
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2C X ]L X X X Existing Poles
atairlaaaaaaaaaaaa 12 Strand Fiber
A: 600 Elizabeth Street
B: 716 Ayers Street
C: 1702 Santa Fe
100 Pair Copper Cable
EXHIBIT "I
CORPUS CHRISTI, TEXAS
/ 7 day of %�(11a-P'ti 197?)
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 CITY 00 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 '1
Mary Pat Slavik at;
klyeth
/,69,
1
021518