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
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122351+'
RISTI