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HomeMy WebLinkAbout05691 ORD - 03/09/1960• JAW:AH:2 -22 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF,OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE SOUTHERN COMMUNITY GAS COMPANY REQUIRING THE ADJUSTMENT AND ENCASING OF AN EXISTING 21d GAS LINE NECESSARY FOR THE CON- STRUCTION OF THE,SAVAGE LANE RAILROAD TRACK, UPON THE APPROVAL OF THE PLANS AND COSTS BY HARRINGTON & CORTELYOU, ENGINEERS, SAID ADJUSTMENT AND ENCAS- ING_ TO BE FOR THE TOTAL SUM OF $2,101.54, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $2.101.54 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTES FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE SOUTHERN COMMUNITY GAS COMPANY, AFTER APPROVAL OF THE SPECIFICATIONS AND COSTS BY HARRINGTON & CORTELYOU, ENGINEERS WHICH CONTRACT PROVIDES FOR THE ADJUSTMENT AND ENCASING OF CERTAIN 2° GAS LINE OWNED BY THE SOUTHERN COMMUNITY GAS COMPANY, WHICH SAID ADJUSTMENT AND ENCASING IS NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL SUM OF $2,101.54, A COPY OF WHICH CONTRACT 15 ATTACHED HERETO AND MADE 'A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $2,101.54 OUT OF THE BRIDGE REMOVAL AND RELOCATION BOND FUND N0. 230, PROJECT No. 230 -55 -7.15, FOR PAYMENT UNDER THE SAID CONTRACT. SECTION 3. THE FACT THAT CERTAIN EXISTING PIPELINES ARE A HINDRANCE TO THE CONSTRUCTION OF THE PROPOSED SAVAGE LANE RAILROAD TRACK CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUC TION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT 5691 Try JOIN !' irtt •f.i.0C lai _pr 9Ai rt 3r 9 tryril AloiriN[trktp , t • �sttL puactiA'rE : b ZH l NE (t D0WA i RN r t�tr. ti sWI a € + areV TPA t 4C! *He 'AeiW&Tt:t►itAPL'97't?r 111j+Ci:.;1rt��.`lE: - -CIN 1PICTffi' D iltC 14i3(NY. I O AYrtSAf 4 '34_44` - WHCREAS, THE to5fi r LIPi itfti�+rr YC9r#r#t;' 9UCN Alldt/r�T AiID t1E CIM1 I 4- • *taiAy, 5nlc r•IEaEIUMF TLR NAk,._g; Pf Rf' LII+E tW :JFi2 ARV TkE CiTT OF C9{$P+I5 Ci#,li'i I5 A k:130f CI Wi:/ a...R...._ -_ I� F� - ITSCL* AAIn AS THE - `_.� ...FA itti ADM FDR° Try ABFa�rf 44p FART1 t5 4 4TL ApI -O �iitdtAT rpm, TO PAT THi •C4s1 OF Av.081M.0T, t'I 0CAi l oXy. ec • •SAeo Pius t1 it HEREINAPi'C[! „betCNIBGDy J ) - OETCRMimm bD eB4Hrr $40PICItid0y, T6- gerOTECT i.. **. INTO THIS CONTRACTUAL A'NCENEHT- DETTINO 0 in �•,. A PRIVATE COArR/ ' $WAFTER CALLED "PIPE LINE OWNER”, FOR -AND tM C6NSIDptiTILIiI � 41P' - & TOE - - i T OF -C©3T OT THE CITT OF CORPUS CHRISTI AND IN LIEU- OF CIf#OEquA- TIOU, ADD TOO CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATI_Ctryj-HAR +. IMIt6'Tp,N GALLED °CITY °, DULY AUTHORIZED TO ACT AND ACTINU roil tT THE. *SENT FOR- NUECfS COUNTY AND Maces CoUI1TV NAvtGATtola Dranl Y I AND IN CONSIDERATION OF THE PERFORMANCE OP PARAGRAPH (A) BY Pipe LINE Ownelto HEREBY ENT_R INTO TH,g MENO'ANUUM OF AGREEMENT, AaREEma TO OD THE '01401111454K- (A) PIPE LINE OWNER AGREES IT WILL, ON OR BEFORE FROM THE DATE OF �QA.TS APPROvAL or rHIS AGREEMENT, EIT THE CORPS Q. CODiNECRDJ *.._- ARMY, PERFORM THE WORN AND FURNISH THE MATERIAL TO ACCDiIPLiON, INC NAVE Ng,*:y' COMPIISHEO, THE FCLw!m (D). P1.11 Lin Cve.11, =kk#L4 YIAT nit UI COT ii!VO i erefeiFA_'TCe PAliett iC, f A) 1,1 L�u 10OU'A86."114! r k `1t A 3!* - e tac d o w PE rG 1 (+I) UD 4 e L tIST U'N 'CITY, IN ITS SAID CAPACiTT0I A40 TUt l ttR*YAEI '..: *** PICIENT {y PROTECTS SAID PIPE LINE iFDI 0A,IA ft AU TRAIN SERVICE. (E) PIPE LINE NNER AEi9'9IEP TO4Wt4g0'r I,(, CITY NuELES COUNTY NUECES COUNTY NAYIGATajie ®j3TRfiT lBOn,Iy Suns ARMY FOR ANT AND • ALL DAMAGES OR CLAIMS FOR OAMAGCB- r97[,_AlIrY'; OR CORPORATION, RESULTING FROM Od AS A RES,A1 CIF, ANY NEGtIGERT AtT 0# glil$.a.. 810N TO ACT OF PIPE LINE OWNER ON AWY,FERFO:, •...I 4R CORFORA TIJN ACTINIi'tpN*` AND WITH THE CONSENT OF, -PIPE LINE OWNER IN CONNECTION 'WITH THE SA1D PIPE LINE - RELOCATION AND/OR ADJUSTMENT,'AND/OR CASINO, AND/OR REMOVAL ACTIViTlE8 AS CONTRACTED HEREIN. (F) PIPE LINE OWNER WILL USE THE SANE REASONABLE CARE AND DILIGENCE CUSTOMARY IN THE.PIPE LINE BUSINESS IN PERFORMING PARAGRAPH (A)4 IN THE EVENT OF CROP OR LAND DAMAGE FOR WHICH PIPE LINE OWNER 1S LEGALLY RESPONSIBLE TO A TNIRD PARTY BECAUSE OF CROP OR LAND DAMAGE, NOT CAUSED 6Y NEGLIGENCE, CITY AND PIPE LINE OWNER AGREE THAT. PIPE LINE OWNER WILL :MAKE. NO PAYMENT TO SAID THIRD PARTY, UNLESS AUTHORIZED BY CITY IN WRITING, BUT MILL NOTIFY CITY WNEREUPON• CITY. WILL UNDERTAKE AND ASSUME ALL NEGOTIATIONS, SETTLEMENTS AND/OR DEFENSE OF LITIGATION INVOLVED,-.AND SUBJECT TOPARAGRAPH {E) ABOVE,'CITY VILE HOLD-HARMLESS AND INDEMNIFY' PIPE LINE OWNER FROM ANY LIABILITY TO SAID THIRD PARTY FOR SAID REASON. -(a) THE CITY AND PIPE. LINE OWNER AGREE THAT TH18.MEMORANDUM AGREEMENT BECOMES IN,FULL.FORCE AND EFFECT UPON APPROVAL OF THIS CONTRACT -BY THE CORPS•or ENGINEERS, U.S. ARtat1, EVIDENCED OR, LETTER OR COPY THEREOF BY THE SAID CORPS OF ENGINEERS DENOTING APPROVALS WITNEBSETH THE SEALS AND SIGNATURES THIS DAY OF 0959. ATTESTI CITY OF CORPUS CHRISTI BY CITY Ptomain' HERBERT W. WHITNEY APPROVED AS TO LEGAL FORM THIS DAY OF ,9591 CITY ATTORNEY SECRETARY OF PIPE LINE'OWNER CITY MANAGER PIPE LINE OWNER PRESIDENT TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI TEXAS DAY OF 9(0 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLD- - TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYO THE CITY QF ffORPUS CH TI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.