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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 w 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 AG5000.439.ajr 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 Eic L L: 1 `€ 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: (1.in)&&t l p n�`'YLN,(-tco,„ 021801