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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 \\ 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