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
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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
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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