Loading...
HomeMy WebLinkAbout023517 ORD - 12/15/1998AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT (UPA) WITH C3 COMMUNICATIONS, INC. ("C3") FOR THE RIGHT TO INSTALL AND MAINTAIN BOTH AN AERIAL AND UNDERGROUND FIBER OPTIC CABLE IN DESIGNATED PORTIONS OF PUBLIC RIGHTS-OF-WAY; ESTABLISHING A ONE TIME FEE OF 552,410.00; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to execute a Use Privilege Agreement (UPA) with C3 Communications, Inc., ("C3") for the right to install and maintain both an aerial and underground fiber optic cable in designated portions of public rights-of- way; and establishing a one time fee of $52,410.00. A copy of the Use Privilege Agreement is attached hereto as Exhibit "A" and incorporated herein. 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 assed and hall take effect upon first reading as an emergency measure this the /5f'h day off ?QaYLKJ(/`CJ , 1998. ATTEST: Armando Chapa, City Secretary LEGAL FORM APPROVED p"- - 1 1 , 1998; JAMES R. BRAY, JR., CITY ATTORNEY /)1 012-1(L- THE CITY OF CORPUS CHRISTI 'Samuel L. Neal Jr., Mayo By: Gerard V. D'Alessio, Assistant City Attorney II'.'.LEG-DIR`.SI IARFI) IItRRY`,008ORD 2.351'" USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, Bill Hennings, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of $52,410 paid by C3 Communications, Inc., ("Owner"), of address Corpus Christi, Nueces County, Texas the receipt of which is 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 15,239 linear feet (L.F.) of aerial fiber optic cable and 37,171 linear feet (L.F.) of underground fiber optic cable "Use Privilege Agreement" in designated portions of public rights-of-way here and after known as "Use Privilege Improvements" within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit A. TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns, together with the right under these conditions, at any time to enter upon the above described right-of-way to maintain the Use Privilege Improvements, and it is further understood that the use privilege is granted subject to Owner's compliance with the following conditions: A. This Use Privilege Agreement ("Agreement") may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee ("City Manager"). B. Owner must fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents ("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 manner connected with installation, operation, repair or maintenance of the Use Privilege Improvements pursuant to this Agreement, unless such injury, loss or damage is caused by the sole negligence of the Indemnitees or any of them. Owner must, at their 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. Permittee must acquire and maintain commercial general liability insurance, comprehensive automobile, public officials, and fidelity liability insurance pertaining to the Use Privilege Improvements and the activities related to the Use Privilege Improvements authorized by this Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit B. Such insurance policies must show the City as a named additional insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City Attorney. Such policies may not be canceled, renewed, or materially changed without 30 days advance written notice to the City's Director of Engineering Services, or designee ("City Engineer"). D. Owner's use of the Use Privilege Improvements must not interfere with City's construction, operation, repair, replacement, or maintenance of any existing or future proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities currently located in said rights-of-way) needs access to the rights-of-way, Owner must pay for removing or relocating the Use Privilege Improvements to allow access to the utility lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the Use Privilege Improvements to their original condition or remove the Use Privilege Improvements at which time this Agreement terminates immediately. E. Owner must not close or barricade a public street, or any portion of the public street, to install, repair, or maintain the Use Privilege Improvements until the Owner or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. F. Owner must pay to maintain or repair the Use Privilege Improvements at all times, regardless of the type of damage that may occur, within 30 calendar days of notice of damage to Owner. Failure to do so terminates this Use Privilege Agreement immediately. G. Owner must comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Owner must not assign this Agreement without City's prior written consent. Owner must submit a set of construction drawings to the City Engineer for any proposed work two weeks prior to onset of construction. The drawings must show the depth and location of the proposed construction and distance from the existing water, stormwater, wastewater and gas lines. J. Owner must verify depth and location of existing Water, Wastewater, Gas, C.P.& L., and S.W.B.T. lines, as well as ACSI, KMC, CSW, CAPROCK, and Metro Access Networks (MAN), communication fiber optic cables. Prior to the start of any excavation, the Owner or Owner's Agent must call the Texas One Call System (1-800-245-4545), 1-800-DIG-TESS and Lone Star Notification Center (1-800-669-8344) for locations of existing utilities. A City Inspector may request a utility line be uncovered to verify its depth or location. K. Owner must not begin work without 24 hours prior notice to the C.P.& L, S.W.B.T., Water, Gas, and Wastewater Divisions along with the ACSI, KMC, CSW, CAPROCK, and MAN communication fiber optic companies. L. Owner must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. M. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Owner within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). N. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $270.23 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the Use Privilege Agreement Improvements pursuant hereto. A half-day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $50.67 an hour. Owner must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. O. Owner must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. P. Damage to driveways, culverts, head walls and any other structure, public or private, must be repaired by the Owner at his expense within 30 days after being notified of damage to same. Q. Owner must not store or leave any equipment or material in City right-of-way overnight. R. Owner must notify Street Superintendent (512-857-1940) 24 hours prior to starting work, and must have a representative present during backfilling and pavement repairs. S. The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. T. Owner must mow and maintain landscaping and maintain irrigation equipment on the improved medians. NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of 1998. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary David R. Garcia, City Manager APPROVED: day of 1998 By: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1998, by David R. Garcia, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas The above and foregoing Use Privilege Agreement is accepted this the day of 1998, by C3 Communications, Inc., a wholly owned subsidiary of Central and South West Corporation, a Delaware corporation the Grantee herein, and both Central and South West Corporation and Grantee agree to keep and perform the conditions imposed by the Use Privilege Agreement is bound by all of the terms of the same. ATTEST: owned subsidiary of Central and South West Corp. By: Name: Title: President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,1998, by as of C3 Communications, Inc. ("C3"), a wholly owned subsidiary of Central and South West, a Delaware corporation. Notary Public, State of Texas Printed Name: Expiration Date: Corpus Christi, Texas /54 day of-l\Pa o j , 1998. 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 Samuel L. Neal .., Mayor THE CITY OF CORPUS The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 11:\LEG-01 R'SIIARED`JERRY:0089RD 122351+' RISTI