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Home My WebLink About023854 ORD - 11/30/1999AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH GARY L. MARTIN AND MINA K. MARTIN, TO INSTALL, OPERATE, MAINTAIN, AND REMOVE A 3" FORCE MAIN IN AND ACROSS THE HAZEL BAZEMORE ROAD STREET RIGHT-OF-WAY, APPROXIMATELY 385 -FEET IN LENGTH, TO TIE INTO AN EXISTING SANITARY SEWER MANHOLE LOCATED IN A 20 -FOOT WIDE UTILITY EASEMENT IN THE RIVER RIDGE ESTATES SUBDIVISION, IN CONSIDERATION OF PAYMENT OF 5530.00, AND OTHER SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager, or his designee, is hereby authorized to execute a Use Privilege Agreement with Gary L. Martin and Mina K. Martin, a copy of which is attached as Exhibit "A", to install, operate, maintain, and remove a 3" force main in and across the Hazel Bazemore Road street right-of-way, approximately 385 -feet in length, to tie into an existing sanitary sewer manhole located in a 20 -foot wide utility easement in the River Ridge Estates Subdivision, in consideration of payment of $530.00, subject to the conditions in the agreement and the following specified conditions: 1. That Gary L. Martin and Mina K. Martin pay a Use Privilege Agreement one-time fee of $530.00 for the right to install, operate, maintain, and remove a 3" diameter PVC force (wastewater) main in the Hazel Bazemore Road street right-of-way, approximately 385 -feet in length. 2. The force main must have a minimum cover of 3 -feet in depth from the elevation of natural ground along the property line and a 10 -foot depth through a continuous steel casing of Hazel Bazemore Road street right-of-way. 3. Owner is to provide a private easement by separate instrument within any and all private properties for the force main. 4. Owner will be solely responsible for the operation, maintenance, and removal of the force main. An Engineering Permit will be required for any future repairs of the force main within City right-of-way. 11:ALEG-DIRVVERONICAADOYLIiAORD99.100ADDCORD99.105 r? Q r 385 4 SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this Qrdinance is passed and shall take effect upon first reading as an emergency measure this the ATTEST: Armando Chapa, CitSecretary THE CITY OF CORPUS CHRISTI Samuel L. eal, Jr., M Legal form approved 72&0&i)i/k1-4 , 1999; James R. Bray Jr., City Attorney. By: Assistant City Attorney H.\LEG-DIR\V ERON ICA',DOYLE\0RD99. 10P,DDCORD99.105 Co us$T hr_isti, Texas Day of TAX) , 1999 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, Samuel L. real, Jr., MA Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott HSLEG-DIR\VERONICA\DOYLF\0RD99.100\DDCORD99.105 CITY OF CORPU CH STI 6 6 ;* f� f _'2 i35 Y 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, David R. Garcia, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of $ 530.00 by Gary L. Martin and Mina K. Martin ("Permittee"), of 14317 FM 624, 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 Permittee, a use privilege for the right to install, operate, maintain, and remove a 3 -inch diameter PVC force (wastewater) main. The 3 -inch diameter force main is to be located approximately 48 -feet south of the FM 624 street right-of-way (ROW) and approximately 15 -feet off the west ROW line of Hazel Bazemore Road; run approximately 300 L.F. south within the ROW and turn east crossing the Hazel Bazemore Road street ROW for approximately 65 L.F.; then enter a private easement in River Ridge Estates Subdivision and run 110 L.F.; and enter and extend 10' into an existing public utility easement to connect to a City Wastewater manhole; 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 Permittee, 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 Permittee'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. TO THE EXTENT ALLOWED BY TEXAS LAW, PERMITTEE 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, INCLUDING INJURIES, LOSS OR DAMAGE CAUSED BY THE NEGLIGENCE (INCLUDING SOLE NEGLIGENCE) OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT PERMITTEE'S EXPENSE, INVESTIGATE ALL 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 LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. C. Permittee must acquire and maintain commercial general liability insurance EXHIBIT "A" 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. The 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. The 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. Permittee'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, Permittee 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. Permittee must repair the Use Privilege Improvements to their original condition or remove the Use Privilege Improvements at which time this Agreement terminates immediately. E. Permittee 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 Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. F. Permittee 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. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Permittee must not assign this Agreement without City's prior written consent. Permittee 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, ground clearance, and location of the proposed construction and distance from the existing water, storm water, wastewater and gas lines. J. Permittee must verify depth and ground clearance and location of existing Water, Storm Water, Wastewater, Gas, C.P.& L., and S.W.B.T. lines, as well as Espire, KMC, CSW, and CAPROCK, communication fiber optic cables. Prior to the start of any excavation, the Permittee or Permittee 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. Permittee must not begin work without 48 hours prior notice to the C.P.& L, S.W.B.T., Water, Gas, Storm Water, and Wastewater Divisions along with the Espire, KMC, CSW, and CAPROCK, communication fiber optic companies. L. Permittee must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. M. Use Privilege Improvements shall be buried a minimum of 3 -feet below the elevation of natural ground along the property line and 3 -feet below the flowline of existing drainage ditch and 18 -inches minimum clearance from all existing water lines N. 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 Permittee 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). Q. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $286.80 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the Use Privilege 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 $53.77 an hour. Permittee 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. P. Permittee must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. Q. Damage to driveways, culverts, head walls and any other structure, public or private, must be repaired by the Permittee at his expense within 30 days after being notified of damage to same. R. Permittee must not store or leave any equipment or material in City right-of-way overnight. S. Permittee must notify Street Superintendent (512-857-1940) 48 hours prior to starting work, and must have a representative present during backfilling and pavement repairs. T. 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. U. Use of the force main authorized by this agreement is strictly limited to serving facilities owned by the Permittee; Permittee shall not provide, nor permit anyone else to provide, service through said force main to any facilities within the City owned by anyone other than Permittee. V. Permittee must provide documentation of a private utility easement by separate instrument to be recorded and filed at the Nueces County Courthouse at owner's expense. Failure to do so terminates this Use Privilege Agreement immediately. NOTE: All references herein to Permittee include Permittee'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 1999. ATTEST: City Secretary �1APPPROVED: tQ ro(day of By: 1999 Assis City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI By: David R. Garcia, City Manager This instrument was acknowledged before me on , 1999, 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 Grant and Privilege is here by accepted this the day of 1999, by Gary L. Martin and Mina K. Martin ("Permittee"), owners of Lots 1& 2, Block 1, Martin Plaza. Permittee agrees to keep and perform the conditions imposed by said Grant and Privilege and is bound by all of the terms of same. By: Name: Gary L. Martin Title: THE STATE OF TEXAS § COUNTY OF NUECES § By: Name: Mina K. Martin Title: This instrument was acknowledged before me on 1999, by Gary L. Martin. Notary Public, State of Texas Printed Name: Expiration Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1999, by Mina K. Martin. Notary Public, State of Texas Printed Name: Expiration Date: