HomeMy WebLinkAbout021731 ORD - 08/17/1993TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH AMERADA HESS
CORPORATION TO INSTALL NINE MONITORING WELLS IN THE
AREA BOUNDED BY POTH LANE, BUDDY LAWRENCE DRIVE AND
INTERSTATE 37; ESTABLISHING A USE FEE OF $7200; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager or his designee is hereby authorized to execute
a Use Privilege Agreement with Amerada Hess Corporation to install nine monitoring wells in the
area bounded by Poth Lane, Buddy Lawrence Drive and Interstate 37, and establishing a use fee of
$7200, 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 and shall take eff ct upon first reading as
an emergency measure this the I ] day of 1�' r ; , 19
AI FEST:
Arm.ndo Chapa, City Secretary
THE CITY OF CORPUS CHRISTI
APPROVED: 1) DAY OF ` A{.(v , 199 3 .
JAMES R. BRAY JR., CITY ATTORNEY
BY: U t LbaSC CuLlcu,ua
Alison Gall way
Assistant City Attorney
021731 MICROFILMED
AG5000.389.ajr
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
Manager, Juan Garza, for and in consideration of the sum of $7,200.00 to it in hand paid
by Amerada Hess Corporation, a Corporation, (hereinafter the "Permittee")
of , the receipt of which is hereby acknowledged, does grant,
upon agreement with the conditions hereinafter stated, unto said Permittee, a monitoring
well permit for the right to install, maintain, and remove nine monitoring wells four inches
in diameter, 45 feet deep, and for a period not to exceed five years, within the area
bounded by Poth Lane, Buddy lawrence Drive, and Interstate Highway 37, in the City of
Corpus Christi as shown on the attached drawings 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 wells, 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 of this Permit, unless such injury, loss or damage shall be
caused by the sole negligence of the Indemnitees 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 any 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 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 canceled, 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 for the installation, monitoring, and removal of monitoring wells.
E. Prior to obtaining this permit, a variance will be required to backfill the
monitoring wells 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-of-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 "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 wells
until after the Permittee or its contractor has filed with this office an approved traffic
control plan per the City Traffic Engineering Office.
H. All City utility departments, Central Power & Light Company, Southwestern
Bell, and TCI Cablevision of Texals, Inc. or any other companies that may be affected by
the monitoring wells must be notified 48 -hours prior to construction. The Texas One -Call
number must be notified at 1-800-245-4545 for existing utility locations.
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 wells.
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 Permittee'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 wells pursuant to the monitoring well permit. Any
time in excess of eight 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.
AUG -i13-93 ^RI
7
14- :QST GSM CORPUS CHRI SIS
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 on
site.
P. Monitoring wells will only be allowed within the natural ground areas and not
in pavement or concrete areas without prior written permission of the Director of
Engineering Services. 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
surface water from eutering into said monitoring wells causing possible contamination of
said wells.
Q. Permittee shall adjust or relocate the above described monitoring wells 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 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 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 wells, Permittee shall be
responsible for 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 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 five years from the date of issuing. At
which time the monitoring wells 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: IF TO PERMI flEE:
City Engineer Amerada esu Corporation
P.O. Box 9277
Corpus Christi, TX 78469
57e Yet gfkr/v
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents
to be executed on this the day of , 1993.
A 1 I EST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
day of , 19
By:
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
By:
Juan Garza, City Manager
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, State of Texas
The above Grant and Privilege is hereby accepted this the day of
19 , by of Amerada Hess
Corporation, 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.
By:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 19 , by
as of Amerada Hess
Corporation, a (state) corporation on behalf of said corporation.
Notary Public, State of Texas
PROPOSED
MONITOR WELL
LOCATIONS
AMERADA HESS CORP.
EXHIBIT A
Corpus Christi, Texas /�
day of l�A 41 i { , 19 3
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
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
\forms\045
MAYOR
THE CITY OFEORPUS CHRISTI
was passed by the following vote:
C
R
Inttd
IJ\ Lxt Vit
021731