HomeMy WebLinkAbout021801 ORD - 11/16/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH TEXAS A&M UNIVERSITY -
CORPUS CHRISTI, FOR THE RIGHT TO INSTALL AND MAINTAIN ONE
THIRTY -INCH DIAMETER AND ONE THIRTY-SIX INCH DIAMETER
STORM SEWER CROSSING OCEAN DRIVE; PROMOTING HIGHER
EDUCATION AND ECONOMIC DEVELOPMENT IN THE CITY AND
ESTABLISHING A FEE OF $10; 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 Texas A&M University -Corpus Christi, for the right to install and
maintain one (1) thirty -inch diameter and one (1) thirty-six inch diameter storm sewer crossing
Ocean Drive, and promoting higher education and economic development in the City and
establishing a use fee of $10, 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 effectupon first reading as
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an emergency measure this the IL day of %ovf Vhc( , 19 613 .
A1'1'EST:
Ph,p4
Armando Chapa, City Secretary
THE CITY OF CORPUS CHRISTI
MAYOR, M Y
APPROVED: 9 DAY OF �(�gYK , 1993 .
JAMES R. BRAY JR., CITY ATTORNEY
By:
a Li A,w s .—
Alison Gallay
Assistant City Attorney
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0218u
DES
h§3^AOF. II MFII
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 Ten Dollars ($10.00) to it in hand paid by the
Texas A&M University - Corpus Christi , (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 two storm sewer lines
across Ocean Drive,
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 Indemnities") 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 Indemnities 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.
Such policies of insurance shall carry the City as an additional insured. Upon City's written
Page 1 of 5
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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
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
Dian 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 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 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. 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.
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.
Page 2 of 5
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 constitutes 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.
0. No equipment or material may be stored or left overnight in City right-of-way
pipes.
R. Owner will place markers at the points where such storm sewer pipes enter
or leave a street right-of-way. Such markers shall be of permanent construction bearing
Owner's name and 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. Any excavation within two (2) feet of the back of curb shall be backfilled with
clean, select material compacted to 98% proctor density.
U. Storm sewer pipes shall be installed by open -cut. 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.
V. 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.
Page 3 of 5
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents
to be executed on this the _ day of , 19 .
A11EST:
City Secretary
APPROVED:
0) day of -14 hy ,19 q3
BY f. i jyt n az/,.147g
Assistant Ci Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
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.
73, by
behalf of Texas `!1 & M;1Jniversity
conditions imposed by said Grant
of same.
Notary Public, State of Texas
nt and Privilege is hereby accepted this the
Executive Vice Prgsident for
- Corpus Christi, and
and Privilege and that
By:
Name:
Title:
Aayof not, ,19
Finance and Administration on
agrees to keep and perform the
is bound by all of the terms
Page 4 of 5
C. :y Hayes
Exe utive Vic- President for
Finance and Administration
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ps, r% 19 y 3, by 0,
as Fxgc{it've Vice President for Finance and Administration on bi9ialf
of Text. A & M University - Corpus Christi.
tecLi
Notary Public, State of Texas
Page 5 of 5
Corpus Christi, Texas
day of Hove iniac.✓ , 19 Ct
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 passed
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 EI__,__ OF CORPUS CHRISTI
by the following vote:
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021801