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HomeMy WebLinkAbout022486 ORD - 02/13/1996AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH CITGO CORPUS CHRISTI REFINERY TO INSTALL, OPERATE, AND MAINTAIN THREE (3) 4 -INCH AND FOUR (4) 2 -INCH UNDERGROUND ELECTRICAL FEEDERS WITHIN A CONCRETE ENCASED DUCT BANK MEASURING 18 INCHES HIGH BY 24 INCHES WIDE BY 80 FEET LONG AND CROSSING THE NUECES BAY BOULEVARD RIGHT-OF-WAY AT APPROXIMATELY 300 -FEET NORTH OF THE NUECES STREET RIGHT- OF-WAY. THE DUCT BANK IS TO ALLOW UNDERGROUND ELECTRICAL SERVICE BETWEEN THE CITGO EAST REFINERY AND THE CITGO ADMINISTRATIVE FACILITIES; ESTABLISHING A FEE OF $1,610; 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 CITGO Corpus Christi Refinery to install, operate, and maintain three (3) 4 -inch and four (4) 2 -inch underground electrical feeders within a concrete encased duct bank measuring 18 inches high by 24 inches wide by 80 feet long and crossing the Nueces Bay Boulevard right-of-way approximately 300 -feet north of the Nueces Street right-of-way. The duct bank is to allow underground electrical service between the CITGO East Refinery and the CITGO Administrative facilities; a copy of which is on file with the City Secretary. SECTION 2. That a fee of $1,610 is hereby established. SECTION 3. 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 day of FE gku,Ig , 1996. City Secretary APPROVED THIS THE Co By: CtQiu c.� Alison Gallaway Assistant City Attorney 96ag5000.866.vr THE CIcs, F CORPUS CHRISTI MAYOR The City of Corpus Christi DAY OF JL)kUrCluz 022 1SFi ,19`(. MICROFILMED February 15, 1996 Corpus Christi, Texas ^ 1 3 Day of r VW/' , 19 ALF, 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: l/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, Council Members The above ordinance was Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols Respectfully, MAYOR THE CI passed by the following vote: 0112 OF CORPUS CHRISTI 0`224'66 uivyi i4r cuf, 'HP “Ay. (LIP afrw 96ag5000.866.vr February 7. 1996 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 Thousand Six Hundred and Ten Dollars ($1,610) to it in hand paid by CITGO Corpus Christi Refinery, (hereinafter "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 install, operate, and maintain three (3) 4 -inch diameter and four (4) 2 -inch diameter conduit feeder within a 3 -foot minimum underground conduit encasement with a 2 -foot minimum steel encasement. Casing is to be inbedded within an 18 -inch high by 24 -inch wide concrete box that is to be constructed across the Nueces Bay Boulevard street right- of-way. The concrete box is to have a minimum 3 -foot cover in depth between the top of the duct bank and the ground elevation. An additional clearance of 18 -inches around all existing water lines will be observed; all within the City of Corpus Christi, Nueces County, Texas, as shown on the attached drawing marked Exhibit A, collectively the "Use Privilege Improvements". 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 the City of Corpus Christi, its officers, employees, and agents ("Indemnities") against any and all liability, damage, loss claims, demands. and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and death claims), or loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Owner's or Owner's officers', agents', and employees' ("Owner's Agents") intentional or negligent acts in their respective control or use of the Use Privilege Improvements Area, including and limited to, those damages arising out of Indemnities' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, maintenance, or operation of City utilities; those damages arising out of the Owner's or Owner's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Owner's or Owner's Agents' use of the Use Privilege Improvements Area. C. Permittee shall have and maintain commercial general liability insurance, pertaining to the premises and activity subject of this permit, in the minimum amounts set forth in Exhibit B. Such policies of insurance shall carry the City as a named additional insured. Upon City's written request, Permittee shall provide copies of all insurance policies. Such policies may not be canceled, renewed, or materially changed without ten (10) days advance written notice to the City. Neither Permittee nor Permittee's qualified professional representative shall commence drilling before Permittee presents to the City evidence of the insurance coverages set forth in Exhibit B, to the satisfaction of the City. 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 anv 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. with. G. All applicable State, and County laws and City ordinances shall be complied 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 this proposed work shall be submitted to Engineering Services 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, Central Power & Light (CP&L), and Southwestern Bell Telephone (SWB) lines prior to Page - 2 to request a utility line be uncovered to verify its depth and/or location prior to commencement of boring operations. K. No work is to commence without 24 hours prior notice to the CP&L, SWB, 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. 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 2 -inch Force Main 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. 0. 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 ovemight 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 (24) 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. Page - 3 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. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of 1996. ATTEST: CITY OF CORPUS CHRISTI By: By: City Secretary Juan Garza, City Manager APPROVED: 8 day of Jacuar Jj- , 1996 c By: ALu.sk Assistant Ci Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 1996, 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 .571/2 day of P. it-fi , 1996, by M . t . l 2C}L-2M Giarger , CITGO Corpus Chrigti Refinery, 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. THE STATE OF TEXAS COUNTY OF NUECES This instrument was a owled ed before me on rebt aal-i i C , 1996, by in A. Lenherer as VICE PICS/demi of CITGO Corpus Christi Refinery, a Texas corporation, on behalf of said corporation. aiyn t , ,c6 .a ,„., c_ Notary Public, State of Texas Printed Name: .4 -Ln') 4 E. /Ylr1/1/ Expiration Date: Page - 5 LOCATION MAP CITGO Corpus Christi Refinery NUECES BAY BOULEVARD UNDERGROUND DUCT BANK 0 Z -AX C- I NJ I CC 6N i cc cc C) 1 J REFERENCE DRAWINGS CITGO Corpus Christi Refinery ox U KZ CICO O <0 mz n 0 uu =0 Z0 'U H 0 3m 133211S A3Sd1130 133d1S S3D3f1N 118 3' t NOTES: NOTE 5 0 0 0 io I. FOR MORE THAN ONE CONDUIT. REFER TO ART. 310 OF THE N.E.C. FOR SPACING REOUIRENENTS. 2. MINIMUM NUMBER 3 REBAR TYPICAL FOR ALL. 3. CONYUNICATION CONDUITS TO BE COVERED WITH 12 LOS BRIGHT FELLOW DYE PER YARD CONCRETE. ELECTRICAL CONDUITS TO BE COVERED WITH 7.5 LBS REO DYE PER TARO. X111 4. ASPHALT WEARING SURFACE (IDT MIK) T --gra- OR THE DEPTH OF EXISTING ASPHALT. OR WHICHEVER I5 GREATER. 5. SAN CUT EXISTING ASPHALT THROUGH TO GRAQE. 6. YINIWW 2' SPACING BETWEEN CONDUITS NIDTN A5 REDUIRED TRENCH OPENING TRINE OR TALK COAT NOTE 4 BACKFILL IN ROADNATS TO BE CONCRETE STABILIZED SAND IN 6' LIFTS. CONTACTED TO 952 STANDARD PROCTOR. (NO LARGE ROCK. CONCRETE. OR OTHER SUCH REFUSE TO BE USED) GROUND NIRS SEE PLAN DWG. CONCRETE TO PROVIDE 3' MINIMUM CONDUIT 7--- SMINIMUM FOR C' TE R. ENCASEMENT SEEE NOTE 3 FOR CONCRETE COLOR. 74 - HORIZONTAL REBAR TO BE TIED TO VERT. REBAR VERT. REBAR TO SPACED NO NORM THAN 5' ON CENTER. BRICK SPACER OR EQUAL (TMP. BOTH SIDES) TIE CONDUIT TO REBAR HORIZONTAL SPLICES TO BE A MINIMUM or 1 FT. A5 RO'D. FOR YORE THAN ONE CONDUIT IN DUCT BANK. WITH PROPER SPACING AND ENCASEMENT. CITGO CITGO Corpus Christi Refinery ELECTRICAL UNDERGROUND CONDUIT DUCT BANK FOR ROAD CROSSING oa. SLM CK. JEF DATE 4/95 'OATE 4/95 an. TAB DATE 4/95 CAO FILENAME ND -113 GRAYING NUMBER ND -113 . RCN.