HomeMy WebLinkAbout021798 ORD - 11/16/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH SOUTH BAY INDUSTRIES, INC.
FOR THE RIGHT TO INSTALL, MAINTAIN AND CONSTRUCT A
PRIVATE FORCE MAIN WITHIN PUBLIC STREET RIGHT-OF-WAY OF
NORTH PORT AVENUE TO PROVIDE SANITARY SEWER SERVICE TO
LOT 1, BLOCK 1, MISSOURI PACIFIC NORTH PORT AVENUE
SUBDIVISION; ESTABLISHING A FEE OF $202; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, 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 South Bay Industries, Inc. for the right to install, maintain
and construct a private force main within public street right-of-way of North Port Avenue
to provide sanitary sewer service to Lot 1, Block 1, Missouri Pacific North Port Avenue
Subdivision, and establishing a fee of $202, a substantial copy of which is attached hereto,
and made a part hereof, marked Exhibit Al!."
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
effect upon first reading as an emergency measure this the 1(p day of
1Jc, rnbt ( , 19 13 .
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secr ary MAYOR, HODES
APPROVED: c29 DAY OF 00:3tha-f
JAMES R. BRAY JR., CITY ATTORNEY
BY: \1)/*
Alison Galla ay
Assistant City Attorney
AG5000.429.ajr
, 1993.
021793'
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 Two hundred and Two Dollars ($202.00) to it in hand paid by the
South Bay Industries, Inc., (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 construct, install, and maintain an 8" PVC line Force Main approximately 110 -
feet from an existing City manhole west to a proposed fiber glass manhole and a 3" PVC line
Force Main collectively approximately 70 -feet from a proposed fiber glass manhole across
North Port Avenue right-of-way "Use Privilege Improvements"to a proposed private line which
will also belong to said Owner, 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 costs 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. 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
Ey': I: ( ,V
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, traffic lanes,
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 Qperating repairing. or maintaining the Use Privilege
Improvements until after the Owner or its contractor has filed an avproved 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 its 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 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.
J. Owner shall varify depth and location of existing Water, Wastewater, Gas,
C.P.& L., and S.W.B.T. lines prior to open cutting the street. 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 verify 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 and existing manhole 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 line
and/or 3 -inch PVC 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 its 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 "Use Privilege Improvements"
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. 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 consists of 5 -inches of
HMAC Type "D" 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.
Page - 3
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.
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:
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 South Bay Industries, 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 same.
Bv:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 19 , by
as of South Bay Industries,
Inc., a (state) corporation on behalf of said corporation.
Notary Public, State of Texas
Page - 5
AISTING SAL
SEWER NAJ .E
V
NEW PISBSGi4SS
MANHOLE -
EXHIBIT A
•
PUMP STATION
j__
MISSOURI PACIFIC
NORTH PORT AVENUE SUBDIVISION
USE PRIVILEGE AGREEMENT
Corpus Christi, Texas
1 day of tJ(3ve al r , 19 �'I'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 was
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
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1411:1 t
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CORPUS CHRISTI
passed by the following vote:
O a vet
Wyb
CULiv
Ouriftiut
021788