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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