HomeMy WebLinkAbout021733 ORD - 08/17/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH THE LAW OFFICES OF
ALLISON AND HUERTA, FOR THE RIGHT TO INSTALL AND MAINTAIN
ONE AERIAL COMMUNICATIONS CABLE ACROSS THE ARTESIAN
STREET RIGHT-OF-WAY, APPROXIMATELY 150 FEET NORTH OF
LEOPARD STREET, TO PROVIDE COMMUNICATIONS LINK BETWEEN
920 LEOPARD AND 715 ARTESIAN STREET; ESTABLISHING A FEE OF
$100; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager or his designee is hereby authorized to execute
a Use Privilege Agreement with the Law Offices of Allison and Huerta, for the right to install and
maintain one aerial communications cable across the Artesian Street right-of-way, approximately 150
feet north of Leopard Street, to provide communications link between 920 Leopard and 715 Artesian
Street, and establishing a use fee of $100, 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 pas d and shall take effect upon first reading as
an emergency measure this the !`1 day of iL,. 1; , 19 q3.
ATTEST:
Armando Chapa, City Secretdry
APPROVED: DAY OF ,I iti gy4,d,(7
JAMES R. BRAY JR., CITY ATTORNEY
By: 4 �J
al. 0 ir
Alison Gall way id
Assistant City Attorney
AG5000.391.ajr
THE CITY OF CORPUS CHRISTI
MAYOR, AR HODES
,1993
021733
MICROFILMED
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,
for and in consideration of the sum of One Hundred Dollars ($100.00) to it in hand paid
by the Law Offices of Allison and Huerta, (hereinafter the Owner), of Corpus Christi,
Nueces 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 reconstruct, install, and maintain
an aerial communications cable "Use Privilege Improvements" approximately 60 -feet across
Artesian Street from the rear corner of the main building located at 920 Leopard to
approximately 60 -feet across Artesian Street to building located at 715 Artesian Street also
belonging to said owners, within the City of Corpus Christi, Nueces County, Texas, as shown
on the attached drawing 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-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:
A. It is understood and agreed that the use privilege hereby granted may be
revoked at any time upon the giving of 60 days notice in writing by the City of Corpus
Christi.
B. 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.
C. 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.
Is h L . i 4
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.
D. 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.
E. 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.
F. 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.
G. All applicable State, and County laws and City ordinances shall be complied
with.
H. The rights conferred herein shall not be assigned by Owner without the prior
written consent of the City of Corpus Christi.
I. A 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.
J. Owner shall varify depth and location of existing Water, Wastewater, Gas,
C.P.& L., and S.W.B.T. lines. The Owner or contractor needs to call the Texas One Call
System (1-800-245-4545) for locations of existing utilities. A City Inspector will have the
authority to request a utility line be uncovered to varify its depth and/or location.
K. No work is to commence without 24 hours prior notice to the C.P.& L,
S.W.B.T., Water, Gas, and Wastewater Divisions.
Page - 2
L. Backfill around existing utilities shall be properly tamped in accordance with
the City of Corpus Christi Standard Specifications including City Water Distribution System
Standards.
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 8 -inch PVC fire line
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.
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. 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.
U. 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.
Page - 3
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents
to be executed on this the day of , 19
A1'1'EST: CITY OF CORPUS CHRISTI
By:
City Secretary Juan Garza, City Manager
APPROVED:
day of , 19
By:
Assistant City Attorney
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, State of Texas
Page - 4
The above Grant and Privilege is hereby accepted this the day of
, 19 , by of The Law Offices of Allison
and Huerta, 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 partner on behalf of The
Law Offices of Allison and Huerta, a Texas partnership.
Notary Public, State of Texas
Page - 5
EXHIBIT A
Pre posC1 -CX-Ms , iii
F r�� A (ktso1J 1 ttuMb& 113 OER c
-6 Ik IJi•YEJ.
Corpus Christi, Texas
(1 day of LiO
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
MAYOR
THE CITY OF CSO PUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes L's'
Dr. Jack Best I:l:,�
Melody Cooper (At
Cezar Galindo
Betty Jean Longoria / u^
Edward A. MartinLo
Dr. David McNichols I
David Noyola t
Clif Moss IL'
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021733