HomeMy WebLinkAbout021652 ORD - 05/11/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE
AGREEMENT WITH I --LINK, INC. FOR THE RIGHT TO INSTALL AND
MAINTAIN TWO 1.9" OUTSIDE DIAMETER FLEXIBLE DUCTS, ONE
SERVING AS A SPARE, AND A FIBER OPTIC DATA COMMUNICATION
CABLE IN THE SECOND WITHIN THE FOLLOWING STREETS:
A. LEOPARD STREET FROM WEST OF CALLICOATE ROAD (FM
1694) TO 100 FEET WEST OF REHFELD ROAD,
B. AGNES STREET FROM SOUTH PADRE ISLAND DRIVE (SH 358)
TO NORTH PORT AVENUE,
C. NORTH PORT AVENUE FROM AGNES STREET TO COMANCHE
STREET,
D. COMANCHE STREET FROM NORTH PORT AVENUE TO
NINETEENTH STREET,
E. NINETEENTH STREET FROM COMANCHE STREET TO MUSSETT
STREET,
F. MUSSETT STREET FROM NINETEENTH STREET TO CROSSTOWN
EXPRESSWAY (SH 286),
G. HOWARD STREET FROM CROSSTOWN EXPRESSWAY (SH 286) TO
MEXICO STREET,
H. STREET CROSSINGS ALONG UNION PACIFIC RAILROAD
RIGHT-OF-WAY AT LIPAN, LEOPARD, WINNEBAGO, NUECES,
AND WEST BROADWAY,
AND ESTABLISHING A FEE OF $22,450; 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 I -Link, Inc. for the right to
install and maintain two 1.9" outside diameter flexible ducts, one
serving as a spare, and a fiber optic data communication cable in the
second within the foil)wing streets:
a. Leopard Street from west of Callicoate Road (FM 1694) to 100
feet west of Rehfeld Road,
b. Agnes Street from South Padre Island Drive (SH 358) to North
Port Avenue,
c. North Port Avenue from Agnes Street to Comanche Street,
d. Comanche Street from North Port Avenue to Nineteenth Street,
e. Nineteenth Street from Comanche Street to Mussett Street,
f. Mussett Street from Nineteenth Street to Crosstown Expressway
(SH 286),
g. Howard Street from Crosstown Expressway (SH 286) to Mexico
Street,
h. Street crossings along Union Pacific Railroad right-of-way at
Lipan, Leopard, Winnebago, Nueces, and West Broadway,
AG5000.0244.ajr
021652
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and establishing a fee of $22,450, 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 immediate action necessary 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 two regular meetings so that this ordinance is
passed andhall take effeQ Aupon first reading as an emergency measure
this the �k day of t"Uj , 19 R3 .
Armando Chapa, City 4cretary
APPROVED: n
THE CITY OF CORPUS CHRISTI
MAYO , M Y RH ES
DAY OF )kn , 19(7,3
JAMES R. BRAY JR., CITY ATTORNEY
By:
Alis
ire
Gal away
Assis ant City Attorney
AG5000.0244.ajr
City of
�In Corpus
= Chnsti
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS $
COUNTY OF NUECES $
That the City of Corpus Christi, acting by and through its duly
authorized City Manager, Juan Garza, in accordance with Article IX,
Section 1, Corpus Christi City Charter, (City) for and in consideration
of the sum of Twenty Two Thousand and Four Hundred and Fifty Dollars
($22,450) to it in hand paid by I -LINK, Inc. (Owner) of Austin, Travis
County, Texas the receipt of which is hereby acknowledged, has granted
and conveyed and by these presents does grant and convey, upon the
conditions hereinafter stated, unto said Owner, a use privilege for the
right to install and maintain two (2)--1.9" outside diameter flexible
ducts with one containing a Piber Optic Communications Cable and the
second serving as a spare duct at a minimum depth of forty-two inches
(42"), with a minimum of five foot (5') of lateral clearance from any
utilities on longitudinal alignment to cable, and a minimum of two foot
(2') vertical clearance from any crossing utilities or with approval
from the City Engineer. City road crossings to be bored; steel pipe
will be installed from right-of-way boundary to right-of-way boundary.
The cable will be pulled into one 1.9" outside diameter flexible duct,
for the entire route within the City. The Use Privilege Improvements
are located within the following City right-of-ways:
a. Leopard Street from west of Callicoatte Road (F.M.1694) to 100 feet
west of Rehfield Road,
b. Agnes Street from S.H.358 (South Padre Island Drive), east to North
Port Avenue,
c. North Port Avenue from Agnes Street to Comanche St.,
d. Comanche Street from North Port Avenue to Nineteenth Street,
e. Nineteenth Street from Comanche Street to Mussett Street,
f. Mussett Street from Nineteenth Street to Crosstown Expressway, (S.H.
286),
g. Howard Street from Crosstown Expressway (S.H. 286) to Mexico Street
at the manhole to the Southwestern Bell Telephone Co. duct.
h. Street Crossings along the Union Pacific Railroad right-of-
way at Lipan, Leopard, Winnebago, Nueces and West Broadway
of the City of Christi, Nueces County, Texas as shown on the attached
marked Exhibit A (the Use Privilege Improvements.) The Owner agrees to
notify the City in writing of any changes to the route as identified.
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
rights-of-way for the purpose of maintaining said Use Privilege
Improvements, and it is further understood that the foregoing use
privilege is granted upon the following conditions:
Engineering Services
P.O. Box 9277 • Corpus Christi, Texas 78469-9277 • (512) 880-3500 f X . L 1 4
VN/1/ t
City of
Corpus
Christi
A. It is understood and agreed that the use privilege hereby
granted may be revoked at any time upon the giving of 90 days notice in
writing by the City of Corpus Christi.
B. Owner shall notify the City Engineer in writing prior to
occupying the spare duct with fiber communication cable and shall be
subject to the then current use privilege fees and requirements.
C. Owner 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
installation, operation, repair and/or maintenance of the Use Privilege
Improvements pursuant to this Agreement, unless such injury, loss or
damage shall be caused by the sole negligence of the Indemnitees or any
of them. Owner 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
cost and expenses of any kind arising from any such liability, damage,
loss, claims, demands, and actions.
D. Owner 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 insured. Upon City's
written request, Owner shall provide copies of all insurance policies.
Such policies may not be canceled, not renewed or materially changed
without thirty (30) days written notice to the City in care of the
Director of Engineering Services.
E. The use of the rights-of-way hereby granted shall in no way
interfere with the construction or operation by the City of any existing
or future proposed sidewalks, utility lines, or other uses, or the
maintenance thereof. If City (or any other utility company with
utilities located in said rights-of-way) needs access to the
rights-of-way, Owner shall be responsible at its full expense for
removing or relocating the Use Privilege Improvements in order to allow
access to said utility lines for repairs and/or maintenance of said
utility lines and either repairing the Use Privilege Improvements to its
original condition or removing the Use Privilege Improvements at which
time this Use Privilege Agreement shall terminate immediately.
Page - 2
Cityof
Corpus
Christi
F. 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 Use Privilege Improvements until after the
owner or his contractor has filed an approved traffic control plan with
City Traffic Engineering Office.
G. Owner shall be responsible for maintaining or repairing the
Use Privilege Improvements at all times, at his own expense, regardless
of the type of damage that may occur, within thirty (30) calendar days
of notice of damage to Owner. Failure to do so shall terminate this Use
Privilege Agreement immediately.
H. All applicable State, and County laws and City ordinances
shall be complied with.
I. The rights conferred herein shall not be assigned by Owner
without the prior written consent of the City of Corpus Christi.
J. A complete set of construction drawings for the proposed work
shall be submitted one week prior to onset of construction. The
drawings will show the depth and location of the proposed construction
and distance from the existing water, storm, wastewater and gas lines.
K. Owner shall verify depth and location of existing Water,
Wastewater, Gas, C.P.& L., and S.W.B.T. lines prior to boring. The
Owner or contractor needs to call the Texas One Call System
(1-800-245-4545) for locations of existing utilities.
L. No work is to commence without 24 hours prior notice to the
C.P.& L, S.W.B.T., Water, Gas, and Wastewater Divisions.
M. Should damage occur to any gas, storm, water or wastewater
line, as determined by the City's representative, a City Gas, 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
repairs will be determined by the City's representative.
N. Work around any existing water main shall be done under the
inspection of a Water Division Inspector at a daily rate of $235.10 for
each day spent inspecting construction, maintenance, repairs,
replacement or relocation of the fiber optic cable installed pursuant
hereto. A half-day (four (4) hours) or more of work shall constitute a
whole working day for purpose of calculation. Any time in excess of
eight (8) hours a day, or on Saturday, Sunday and/or Holidays, shall be
calculated at a daily rate of $44.08 an hour. These funds shall be paid
to the City of Corpus Christi, Water Department.
Page - 3
City of
Corpus
Christi
O. Every precaution shall be taken so as not to disturb the soil
surrounding any existing water or wastewater line, including all thrust
blocks.
P. Damage to driveways, culverts, headwalls and any other
structure, public or private, shall be repaired by the Owner at his
expense, within 30 days after being notified of damage to same.
Q. No equipment or material may be stored or left overnight in
City right-of-way.
R. Owner will place markers at the points where such cables enter
or leave a street and/or drainage right-of-way. Such markers shall be
of permanent construction bearing Owner's name and emergency telephone
number and placed at the edge of the public right-of-way.
S. Street Superintendent is to be notified (512--857-1940)
twenty-four hours prior to starting work, and have a representative
present during backfilling and pavement repairs.
T. All right-of-way crossing will be bored. Street open -cut will
be permitted only by the City Engineer or his authorized representative.
U. Any excavation within two (2) feet of the back of curb shall
be backfilled with clean, select material compacted to 98% proctor
density.
V. Pavement repair shall consist of a pavement section that
matches the existing with a final backfill consisting of two (2) sacks
of Type I Portland Cement per cubic yard of sand required to be placed
under pavement repair area.
W. The Contractor shall not have open trenches or pits left
overnight without providing proper safety and security devices to
prevent possible injuries and/or accidents. All trenches shall be
backfilled promptly, the backfill properly compacted, surface restored,
and the work done in a neat and workmanlike manner.
X. No bore pits shall be left open longer than fourteen (14)
calendar days regardless of location. Barrel type barricades, approved
by City's Traffic Engineering Office, will be placed adjacent to all
open pits.
Y. A City inspector will have the authority to 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 the
Page - 4
City of
Corpus
Christi
tewowe
contractor's expense.
Z. Backfill around existing utilities shall be properly tamped in
accordance with the City of Corpus Christi Standard Specifications
including City Water Distribution System Standards.
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:
4 day of �-h.( (Z,=" , 1993
Bye t akEact.
o
Assist t City Attey
Alison Gallaway
THE 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
Page - 5
City of
Corpus
Christi
The abye Grant and Priv J,ege is hereby accepted this the 3rd
day of , 1975, by Mr. Chester Mallett, Manager,
Facilities Eng .'ering for I -LINK, INC., 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 sa
THE STATE OF TEXAS
COUNTY OF NUECES
By: iv
Name: M -s-er a e
Title: Manager. Facilities
Engineering
19 /This instrument was acknowledged before me on
D , by Mr. Chester Mallett as Manager, Facilities
Z -LINK, INC., a DELAWARE CORPORATION on behalf of $aid
Ch -
Engineering of
CORPORATION.
Notary Public in and for the
State of, Texas-)
Name: tnflt9. G2lk5
Expiration Date: i/ "t yS
Page - 6
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AprII 29, 1993
PREPARED BY MARCOM ENGINEERING COMPANY
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Corpus Christi, Texas
day of iv )
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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 two 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,
Council Members
The above ordinance was
Mary Rhodes
Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
\forms\045
MAYOR
THE CITY OF CORPUS CHRISTI
passed by the following vote:
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