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HomeMy WebLinkAbout022628 ORD - 07/09/1996AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MONITORING WELL PERMIT AGREEMENT WITH MRS. BERTHA B. OLIVER, OWNER OF LIBERTO SPECIALTY COMPANY, TO INSTALL THREE MONITOR WELLS WITHIN CITY RIGHT-OF-WAY AT THE CORNER OF THE NORTH BROADWAY/POWER STREET INTERSECTION; ESTABLISHING A USE FEE OF $750 FOR THE MONITORING WELLS; 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 Monitoring Well Permit Agreement with Mrs. Bertha B. Oliver, owner of Liberto Specialty Company, to install three monitor wells within City right-of-way at the corner of the North Broadway/Power Street intersection;establishing a use fee of $750 for the monitoring wells. A copy of the agreement is on file with the City Secretary. 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 telis ordinance is passed and shall take effect upon first reading as an emergency measure this the Day of July, 1996. ATTEST: CITY SECRETARY THE CITY OF CORPUS CHRISTI MAYOR C THE CITY OF RPUS %CHRISTI APPROVED THIS THE C(/ DAY Of-- tQZ , 19 JAMES R. BRAY, CITY ATTORNEY By: R. J.y R ' ing A sist. t City Attorney R60902A1.179 (till;halLIVItto 2 Corpus Christi, Texas Day of July, 1996 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, MAYOR THE CITY OF CORPUS CHRISTI COUNCIL MEMBERS The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols R60902A 1.179 Rkyi Ctiykuct ay Walk uu- aAfd 0 c_' ? tl 9 3 MONITORING WELL PERMIT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi, acting by and through its duly authorized Acting City Manager, Bill Hennings, for and in consideration of the sum of Seven Hundred and Fifty Dollars ($750.00) to be paid in hand by Ms. Bertha B. Oliver, (hereinafter the "Permittee") of Corpus Christi, Nueces County, Texas, does grant, upon the conditions hereinafter stated, unto said Permittee, a monitoring well permit for the right to install, maintain, and remove three monitoring wells approximately 2 -inches in diameter, 20 -feet deep, and with a 4 -foot square flushed mounted concrete ceiling pad for a period from day to day, for approximately two years, within the area bounded by Power Street and North Broadway Street tight -of -ways adjacent to the Liberto Specialty Company building, located at 514 Power Street, in the City of Corpus Christi, Texas as shown on the attached drawings marked Exhibit "A". TO HAVE AND TO HOLD the same unto Permittee, 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 constructing, maintaining, and the removal of said monitoring wells, and it is further understood that the foregoing monitoring well permit is granted upon the following conditions: A. It is understood and agreed that the monitoring well permit hereby granted may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi. B. Permittee 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, the performance of this Permit, regardless of whether such injury, loss or damage shall be caused by the sole negligence of the Indemnitees or any of them. Permittee shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon any 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. Permittee 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 a named additional insured. Upon City's written request, Grantee 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. D. Except as otherwise provided herein, all work proposed will equal or exceed the Texas Water Commission and the Texas Water Well Drillers Board rules, regulations, and requirements for the installation, monitoring, and removal of monitoring wells. E. At the time of removal, the Permittee is required to backfill the monitoring well. At a minimum, if the well falls inside existing asphalt pavement, the top 10 -feet will be filled with 3000 psi concrete, and remaining depth with bentonite. The City may elect, however, to fill the top 2-3 feet with soil, the next 10 -feet with 3000 psi concrete and any remaining depth with bentonite. The alternate elective, applies primarily to those monitor wells which fall outside of existing asphalt pavement. F. All applicable Federal, State, County, and City laws and ordinances shall be complied with and all necessary permits shall be secured from the appropriate agencies, prior to obtaining this permit. Copies of said permits shall be provided to the City and attached hereto for all purposes as Exhibit "C". G. 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 monitoring wells until after the Permittee or its contractor has filed with this office an approved traffic control plan from the City Traffic Engineering Office. H. All City utility departments, Central Power & Light Company, Southwestern Bell, and TCI Cablevision of Texals, Inc. or any other companies that may be affected by the monitoring wells must be notified 48 -hours prior to construction. The Texas One -Call number must be notified 48 hours prior to construction at 1-800-245-4545 for existing utility locations. Construction plans and specifications for all work proposed will be submitted to the Department of Engineering for approval, prior to beginning construction. J. Permittee will repair or cause to be repaired any damage to any landscaping, sidewalks, curb and gutter, driveway, street, sanitary sewer, storm sewer, drainage facility, underground lines, wires or pipes owned by the City of Corpus Christi or holders of any franchise from the City, resulting from or caused by reason of construction, operation, maintenance and/or removal of said monitoring wells. K. A City Inspector may request a utility line to be uncovered to verify its depth and/or location. All backfill and repairs of any kind will be made according to City standards and/or City Inspector's request. All work and repairs will be at Permittee's or its contractor's expense. L. If a City Inspector is required at the job site, the Grantee shall pay a daily rate of $235.10 for each day spent inspecting construction, maintenance, repair, replacement, relocation or removal of the monitoring wells pursuant to the monitoring well permit. Any time in excess of eight hours per day, Saturday, Sunday and/or Holidays, shall be calculated at a daily rate of $44.08 per hour. These funds shall be paid to the appropriate City department within the City of Corpus Christi. M. Should damage occur to a utility line such that sand or soil enters service lines causing problems and/or damage to plumbing in private structures, Permittee shall have sole responsibility for resolution with individual owners, including all costs associated with resolution. N. No equipment or material may be stored or left ovemight in City right-of-way. 0. The Permittee and/or its Contractor will not clean equipment or material on site. P. Monitoring wells will not protrude above the existing natural ground elevation, and a sealed covering will be provided to prevent surface water from entering into said monitoring wells. Q. Permittee shall adjust or relocate the above described monitoring wells at its own expense, if necessary for the present or future construction of any public utilities, or change in street grade or pattern on the streets or for any other reason of the City stated in writing to Permittee. R. The construction of the monitoring wells and the use of said area hereby granted shall in no way interfere with the construction or operation by the City or any of its franchisees of any existing or future proposed sidewalks, utility lines, or other uses, or the maintenance thereof. If City (or any other company with existing utilities located in said right-of-way) needs access to the right-of-way containing the monitoring wells, Permittee shall be responsible for either repairing the monitoring wells to its original condition or removing the monitoring wells at which time this Monitoring Well Permit shall terminate immediately. S. The rights of construction conferred herein shall not be assigned by Permittee without the prior written consent of the City of Corpus Christi. T. The Monitoring Well Permit remains in effect during the Permittee's investigation and assessment of possible petroleum contamination. However, the Monitoring Well Permit expires five years from the date of issuance. Upon completion of the investigation and assessment the monitoring wells will be removed in accordance with the then current requirements of the City of Corpus Christi and the Texas Natural Resource Conservation Commission, or it's successor agency in Austin, Texas. U. Written notice shall be directed: IF TO CITY: City Engineer P.O. Box 9277 Corpus Christi, TX 78469 IF TO PERMITTEE: Ms. Bertha B. Oliver, c/o Bob Oliver 2417 Colonial Parkway Fort Worth, Texas 76109 The City of Corpus Christi shall cause this Permit to become effective upon date of execution by the Acting City Manager, as indicated below. ATTEST: City Secretary APPROVED: day of 1996 By: Robert Jay Reining Assistant City Attorney CITY OF CORPUS CHRISTI By: Bill Hennings, Acting City Manager Date: The above Permit is hereby accepted and its terms and conditions agreed this the day of , 1996, by Ms. Bertha B. Oliver , Owner/Permittee, said Owner/Permittee agrees to keep and perform the conditions imposed by said Permit and to be bound by all of the terms of same. By: Name: Ms. Bertha B. Oliver Title: Owner/Permittee Acknowledgements THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1996, by Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1996, by Bill Hennings as Acting City Manager of the City of Corpus Christi, Texas, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas