HomeMy WebLinkAbout028933 ORD - 01/25/2011AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE
PRIVILEGE AGREEMENT WITH MYRTLESON, LTD., (PERMITTEE), OF 615 N.
UPPER BROADWAY, CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ORDER
TO CONSTRUCT, INSTALL, MAINTAIN, REPAIR, REMOVE, OR REPLACE, A
BUSINESS SIGN ENCROACHING 4.4 FEET INTO THE TANCAHUA STREET
RIGHT-OF-WAY, WHICH SIGN WILL BE SUPPORTED FROM THE EXISTING
BUILDING LOCATED AT 1205 N. TANCAHUA STREET, IN CONSIDERATION OF
$49.00, A ONE-TIME USE PRIVILEGE FEE; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a Use
Privilege Agreement with Myrtleson, LTD., (Permittee), of 615 N. Upper Broadway,
Corpus Christi, Nueces County, Texas, in order to construct, install, maintain, repair,
remove, or replace, a business sign encroaching 4.4 feet into the Tancahua Street right-
of-way, which sign will be supported from the existing building located at 1205 N.
Tancahua Street in consideration of $49.00, a one-time Use Privilege Fee;
SECTION 2. That the Use Privilege granted in Section 1 of this ordinance is subject to
the following four (4) conditions:
1. A one-time payment of $49.00, for the use privilege fee;
2. The business sign will have a minimum clearance of no less than 9 feet or a
maximum clearance of 14 feet between the lowest point or projection from the
ground grate elevation immediately below;
3. No public right-of-ways, or any portion thereof, shall be closed or barricaded to
use by the public until the Permittee has filed an approved detour andlor
barricading and/or Traffic Control Plan and it has been approved by the Traffic
Engineering Department, 48 hours prior to commencing work within said right-of-
way;
ight-ofway; and
4. Owner must comply with all the specified conditions and provisions as set out by
the Use Privilege Agreement.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is as ed and shall take
effect upon first reading as an emergency measure on this the doray of
2011.
H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agendal1-25-111UPA- Concrete street11-13-11.UPA Ord.DWB.docx
028933
INDEXED
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe me
City Secretary Mayor, City of Corpus Christi
A/A/id
APPROVED as to form: This 14th day of January, 2011.
Carlos Valdez
City Attorney
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda11-25-111UPA - Concrete street11-13-11.UPA Ord.DWB.docx
Corpus Christi, Texas
c 5 4ay of 2011
TO THE ME BERS 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,
Joe Adfie
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler 4C161 --
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez L?f•-
Nelda Martinez
Mark Scott
Linda Strong _AY/0k
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda11-25-111UPA - Concrete street11-13-11.UPA Ord.DWB.docx
028933
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, 'Angel Escobar, in accordance with
Article IX, Section 1, Corpus Christi City Charter, in consideration of Forty -Nine Dollars
($49) by Myrtleson, LTD., (hereinafter "PERMITTEE"), of 615 N. Upper Broadway,
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 PERMITTEE, a use privilege for the right to
construct, install, maintain, repair, remove, or replace, (all rights hereinafter
"CONSTRUCTION PROCESS"), a business sign encroaching 4.4 feet into the
Tancahua Street right-of-way, (sign having a length of 7.83 feet from wall into right-of-
way, a width of 8.13 inches and a height of 4.83 feet), which sign will be supported from
the existing building located at 1205 N. Tancahua Street, (hereinafter "USE PRIVILEGE
IMPROVEMENT"), within the City of Corpus Christi, (hereinafter "CITY"), Nueces
County, Texas as shown on the attached and incorporated Exhibit A1-3. See Exhibit B
for survey, also attached and incorporated.
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 repair or maintain the USE PRIVILEGE IMPROVEMENT, 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, (hereinafter "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 (hereinafter "CITY MANAGER").
B. Once approved by the PERMITTEE and thereafter the CITY MANAGER, this
AGREEMENT is for a term of one year, and automatically renews annually,
unless either the CITY or PERMITTEE gives written notice of termination to the
other party at least 60 days before the end of each annual term.
C. PERMITTEE shall not assign this AGREEMENT without the CITY
MANAGER'S prior written consent.
1 All references herein to PERMITTEE include PERMITTEE'S contractor(s), agent(s) and
employee(s), if applicable.
fl
Use Privilege Agreement
City and Myrtleson, LTD.
Page 2 of 8
D. PERMITTEE shall acquire and maintain commercial general liability insurance
pertaining to the USE PRIVILEGE IMPROVEMENT and the activities related to
the USE PRIVILEGE IMPROVEMENT authorized by this AGREEMENT, in the
minimum amounts set forth in the attached and incorporated Exhibit C. The
General Liability policy shall name the CITY as 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 ten days advance written notice to the CITY'S
Assistant City Manager of Development Services, or designee (hereinafter "CITY
DEVELOPMENT SERVICES ACM").
E. Prior to the start of the CONSTRUCTION PROCESS, PERMITTEE shall
require its contractor and each subcontractor provide a Certificate of Insurance
reflecting insurance in coverage amounts as set forth in Exhibit C. Additionally,
PERMITTEE shall require its contractor and each subcontractor indemnify the
CITY, its officers, employees and agents in the same manner that PERMITTEE
has provided indemnification to the CITY.
F. Construction plans and specifications for all proposed work shall be submitted
to the CITY DEVELOPMENT SERVICES ACM for approval prior to beginning the
CONSTRUCTION PROCESS. The plans shall show the depth and location of
the proposed construction and distances from any existing water, storm water,
wastewater and gas lines.
G. Roof overhangs and signs are to have a minimum clearance of no less than 9
feet or a maximum clearance of 14 feet between the lowest point or projection
from the ground gate elevation immediately below.
H. At least 48 hours prior to beginning the CONSTRUCTION PROCESS,
PERMITTEE shall contact 1-800-DIG-TESS and the Lone Star Notification
Center (1-800-669-8344). Additionally, at least 48 hours prior to beginning the
CONSTRUCTION PROCESS, PERMITTEE shall give notice to, and verify depth
and location of, communication lines and/or communication fiber optic cables,
whatever being applicable, for the following:
• CITY Utility Departments, including Water, Storm water, Wastewater and
Gas;
• American Electric Power (AEP);
• American Telephone and Telegraph (AT&T);
• CenturyTel;
• Time Warner;
• Grande Communications;
• Any and all other certified telecommunications providers;
Use Privilege Agreement
City and Myrtleson, LTD.
Page 3 of 8
A CITY Inspector may request a utility line be uncovered to verity its depth or
location.
I. CONSTRUCTION PROCESS and use of the USE PRIVILEGE
IMPROVEMENT by PERMITTEE shall not interfere with the construction,
installation, operation, maintenance, repair, removal or replacement, by the CITY
or any of its franchisees, of any existing or future proposed sidewalks, utility
lines, or other uses. If CITY, or any franchisee with utilities currently located in
said right-of-way, needs access to the right-of-way, PERMITTEE shall pay for
removing or relocating the USE PRIVILEGE IMPROVEMENT to allow access to
utility lines for maintenance, repair, removal or replacement of the utility lines.
The PERMITTEE shall repair the USE PRIVILEGE IMPROVEMENT to its
original condition or remove the USE PRIVILEGE IMPROVEMENT, at which time
this AGREEMENT terminates immediately.
J. Traffic Engineer Requirements:
(1) At least 48 hours prior to commencing the CONSTRUCTION PROCESS, the
PERMITTEE shall file and obtain approval for, a traffic control plan with the
CITY'S Traffic Engineer. No closure or barricading of a public right-of-way or any
portion of a public right-of-way shall occur before approval of the traffic control
plan, and if applicable, approval of a detour or barricade plan, has been obtained
from the CITY'S Traffic Engineer.
(2) Should PERMITTEE require a trench, pit or the like be dug during the
CONSTRUCTION PROCESS, the PERMITTEE shall file and obtain approval for
barricading said trench, pit or the like, in accordance with the Texas Manual on
Uniform Traffic Control Devices, from the CITY'S Traffic Engineer. (See
paragraph "S." for additional requirements regarding trench(s), pit(s) and the
like.)
K. If, as determined by the CITY MANAGER, damage occurs to any gas, water,
storm water, or wastewater line, PERMITTEE shall allow CITY employees of the
CITY Gas, Water, Storni Water or Wastewater Division immediate access to
make all repairs. Determination of the extent of damage and repairs necessary to
restore the utility line(s) shall be made by the CITY MANAGER. All costs of the
CITY associated with said damage and repair, including labor and materials,
shall be paid by PERMITTEE within 30 calendar days of the CITY MANAGER'S
invoice thereof.
L. PERMITTEE shall provide all necessary and proper safety devices so as to
prevent injuries or accidents, in as much as possible.
M. PERMITTEE shall take every precaution not to disturb the soil surrounding
any existing water or wastewater line, including all thrust blocks.
1
Use Privilege Agreement
City and Myrtleson, LTD.
Page 4 of 6
N. All backfill, specifically including that in and around existing utilities, shall be
made according to current CITY standards and specifications and/or as per the
CITY Inspector's request.
O. Work conducted near any existing water main shall be done under the
inspection of a CITY Inspector at a daily rate of three -hundred, ten dollars and
thirty-five cents ($310.35) for each day spent inspecting construction, installation,
maintenance, repair, removal, or replacement of the USE PRIVILEGE
IMPROVEMENT. A half-day, four hours or more of work, constitutes a whole
working day for purpose of calculation. Any time in excess of eight hours a day,
or on Saturday, Sunday or Holidays, shall be calculated at a daily rate of fifty-
eight dollars and eighteen cents($58.18) per hour. These funds shall be paid to
the appropriate CITY Department within 30 calendar days of the CITY
MANAGER'S invoice thereof. These amounts will be adjusted annually on
August 1 to reflect any pay increase.
P. At any and all times, PERMITTEE is responsible for the repair and
maintenance of the USE PRIVILEGE IMPROVEMENT, including any costs
associated with said repair and maintenance. Should damage occur to the USE
PRIVILEGE IMPROVEMENT, regardless of the type of damage, within 30
calendar days of notice by the CITY MANAGER, PERMITTEE shall repair the
damage. Failure to do so terminates this AGREEMENT immediately.
Q. PERMITTEE shall repair or cause to be repaired any damage to driveways,
culverts, head walls, landscaping, sidewalks, curbs and gutters, and any other
structure, public or private, resulting from or caused by reason of construction,
installation, maintenance, repair, removal, replacement or operation of the USE
PRIVILEGE IMPROVEMENT.
R. No equipment or material may be stored or left in CITY right-of-way overnight
except as specifically authorized by the CITY DEVELOPMENT SERVICES ACM.
S. No trenches, pits or the like, other than bore pits, shall be left open overnight,
except as specifically authorized by the CITY DEVELOPMENT SERVICES ACM.
Bore pits shall not be allowed open for a period of longer than 14 calendar days,
regardless of location. All trenches, pits or the like, other than bore pits, shall be
backfilled promptly and in accordance with the current CITY standards and
specifications and/or as per the CITY Inspector's request. All trenches, pits and
the like, including bore pits shall be barricaded in accordance with the Texas
Manual on Uniform Traffic Control Devices as approved by the CITY'S Traffic
Engineer [See paragraph "J(2)." for additional requirements regarding trench(s),
pit(s) and the like.]
T. PERMITTEE shall comply with all applicable Federal, State, County and City
laws and ordinances.
Use Privilege Agreement
City and Myrtleson, LTD.
Page 5 of 8
U. As right-of-way is in full view of public, it shall be maintained in a neat and
orderly fashion, without visible trash or other unsightly debris.
V. The CITY shall cause this AGREEMENT to become effective upon date of
execution by the CITY MANAGER, as indicated below.
W. INDEMNIFICATION.
(1) PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES,
AGENTS, AND LICENSEES, (HEREINAFTER CALLED "PERMITTEE" FOR
PURPOSES OF THIS SUBPARAGRAPH), SHALL FULLY INDEMNIFY, SAVE,
AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
EMPLOYEES, AGENTS, LICENSEES, AND INVITEES, ("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
THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID
INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY
NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE
SHALL, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND
DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION,
DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND
ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS, OR ACTIONS.
(2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT,
IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL
INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE
TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND
WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE-
EXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS
SUBPARAGRAPH D APPLIES, WITHOUT LIMITATIONS, TO ANY
VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT
DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS,
AND ANY AND ALL MATTERS ARISING OUT OF ANY ACT, OMISSION,
EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE
TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS,(INCLUDING
WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE
FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE
DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE
Use Privilege Agreement
City and Myrtleson, LTD.
Page 6 of 8
DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR
CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE
ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE
OR OCCURRENCE. THE TERMS "HAZARDOUS SUBSTANCE" AND
"RELEASE" SHALL HAVE THE MEANINGS SPECIFIED IN
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY ACT OF 1980 ("CERCLA"), AS AMENDED, AND THE TERMS
"SOLID WASTE" AND "DISPOSED" SHALL HAVE THE MEANINGS
SPECIFIED IN RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
("RCRA"), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA OR
RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY TERM
DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY
SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND
PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE
OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE,"
"RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH IS BROADER
THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER
MEANING SHALL APPLY.
(3) IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY
SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES
DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE
DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE
PROPERTY, FALL INTO OR OTHERWISE ENTER ANY OF THE CITY'S
WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE
TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE
TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT
AUTHORIZED UNDER THE CITY'S CURRENT PERMITS FROM THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION, THE PERMITTEE SHALL
FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS
CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL
AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT
FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE
TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION
SYSTEM PERMIT AND SHALL BEAR ALL COSTS INVOLVED WITH
BRINGING THE BROADWAY WASTEWATER TREATMENT PLANT BACK
INTO COMPLIANCE WITH ITS PERMITS.
Use Privilege Agreement
City and Myrtleson, LTD.
Page 7of8
Acceptance
The above AGREEMENT is hereby accepted, and its terms and conditions agreed to on
this the day of , 2011, by William R. Durrill, Sr., President, on
behalf of Myrtleson, LTD. Myrtleson, LTD agrees to keep and perform the conditions
imposed by said AGREEMENT and to be bound by all terms of same.
THE STATE OF TEXAS §
COUNTY OF NUECES §
By:
Myrtleson, LTD.
615 N. Upper Broadway
Corpus Christi, Texas
William R. Durrill, Sr.
President
Acknowledgement
This instrument was acknowledged before me on , 2011,
by William R. Durrill, Sr., President, on behalf of Myrtleson, LTD., a limited liability
corporation.
Notary Public
State of Texas
Use Privilege Agreement
City and Myrtleson, LTD.
Page 8 of 8
Attestation
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the day of , 2011.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa `Angel R. Escobar
City Secretary City Manager
Acknowledgement
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2011, by
'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public
State of Texas
Legal Approval
APPROVED AS TO LEGAL FORM this
Carlos Valdez
City Attorney
By:
Deborah Walther Brown
Assistant City Attorney
For City Attorney
day of , 2011.
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Exhibit B —�
INSURANCE REQUIREMENTS
I. PERMITTEES LIABILITY INSURANCE
A. Permittee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Permittee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Permittee must furnish to the City's Risk Manager, twa (2) copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s) acceptable to
the City's Risk Manager. The City must be named as an additional insured for the General
Liability policy and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation, non -renewal,
material change or termination is required on all
certificates
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1. Commercial Form
2. Premises — Operations
3. Underground Hazard
4. Products/ Completed Operations Hazard
5, Contractual Liability
6. Broad Form Property Damage
7. Independent Contractor
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY ---OWNED, NON -OWNED
OR RENTED
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
$500,000
C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of
all reports of such accidents within 10 days of any accident.
It. ADDITIONAL REQUIREMENTS
A. Permittee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
Exhibit C
•
B. Permittee's financial integrity is of interest to the City; therefore, subject to Permittees right to
maintain reasonable deductibles in such amounts as are approved by the City, Permittee
shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Perm ittee's sole expense, insurance coverage written on an occurrence
basis, by companies authorized and admitted to do business in the State of Texas and with
an A.M. Best's rating of no less than A- (VII).
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter of any such
policies). Permittee shall be required to comply with any such requests and shall submit a
copy of the replacement certificate of insurance to City at the address provided below within
10 days of the requested change. Permittee shall pay any costs incurred resulting from said
changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 828-4555- Fax #
D. Permittee agrees that with respect to the above required insurance, all insurance policies are
to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations and activities of, or on behalf
of, the named insured performed under contract with the City, with the exception of the
workers' compensation and professional liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation
in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non -renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage,
Successful Bidder shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Permittee's performance should
there be a lapse in coverage at any time during this contract. Failure to provide and to
maintain the required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Permittee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Permittee to stop work hereunder, and/or
withhold any payment(s) which become due to Permittee hereunder until Permittee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Permittee may be held responsible for payments of damages to persons or property
resulting from Permittee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Permittee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
Use Privilege Agreement (UPA) ins. req.
9-14-10 ep Risk Mgmt.
ID CI, 5' 2n a 1 1. _p0, -565
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that
the following is a true and correct copy of Ordinance No. 028933 passed and approved by
Corpus Christi City Council on January 25, 2011 as same appears in the Official Records
of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful
custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas,
this 7th day of February, 2011.
RECORDER'S MEMORANDUM
At the time of recordation, this instrument was found
to be inadequate for the best photograph reproduction
because of illegibility, carbon or photocopy, discolored
paper, etc. All blockout additions and changes were
present at the time instrument was filed and recorded.
Armando Chapa
City Secretary
Corpus Christi, Texas
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE
PRIVILEGE AGREEMENT WITH MYRTLESON, LTD., (PERMITTEE), OF 615 N.
UPPER BROADWAY, CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ORDER
TO CONSTRUCT, INSTALL, MAINTAIN, REPAIR, REMOVE, OR REPLACE, A
BUSINESS SIGN ENCROACHING 4.4 FEET INTO THE TANCAHUA STREET
RIGHT-OF-WAY, WHICH SIGN WILL BE SUPPORTED FROM THE EXISTING
BUILDING LOCATED AT 1205 N. TANCAHUA STREET, IN CONSIDERATION OF
$49.00, A ONE-TIME USE PRIVILEGE FEE; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a Use
Privilege Agreement with Myrtleson, LTD., (Permittee), of 615 N. Upper Broadway,
Corpus Christi, Nueces County, Texas, in order to construct, install, maintain, repair,
remove, or replace, a business sign encroaching 4.4 feet into the Tancahua Street right-
of-way, which sign will be supported from the existing building located at 1205 N.
Tancahua Street in consideration of $49.00, a one-time Use Privilege Fee;
SECTION 2. That the. Use Privilege granted in Section 1 of this ordinance is subject to
the following four (4) conditions:
1. A one-time payment of $49.00, for the use privilege fee;
2. The business sign will have a minimum clearance of no less than 9 feet or a
maximum clearance of 14 feet between the lowest point or projection from the
ground grate elevation immediately below;
3. No public right-of-ways, or any portion thereof, shall be closed or barricaded to
use by the public until the Permittee has filed an approved detour and/or
barricading and/or Traffic Control Plan and it has been approved by the Traffic
Engineering Department, 48 hours prior to commencing work within said right-of-
way;
ight-ofway; and
4. Owner must comply with all the specified conditions and provisions as set out by
the Use Privilege Agreement.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for The efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is Ramed and shall take
effect upon first reading as an emergency measure on this the?lay of
2011.
H:1LEG-DI RIShared\LEGAL-DEV.SVCS\2O11 Agenda11-25-111UPA- Concrete streetl1-13-11.UPA ord.DWB.docx
022.933
INDEXED
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Joe Acme
City Secretary
A(4/4"
Mayor, City of Corpus Christi
APPROVED as to form: This 14th day of January, 2011.
Carlos Valdez
City Attorney
H'1LEG-DI R\Shared\LEGAL-DEV.SVC$12011 Agendal1-25-111IJPA- Concrete streettll-13-11.UPA Ord.DWB,docx
Corpus Christi, Texas
02 ay ofj ! ' . 2011
TO THE ME = ERS 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,
Joe Ad plie
Mayor, City of Corpus Christi
J.,7,49(1:Arie,
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:1LEG-DIR\Shered\LEGAL-DEV.SVCS12011 Agendal1-25-111UPA- Concrete street11-13-11.UPA Ord.DWB.docx
028933