HomeMy WebLinkAbout05781 ORD - 06/01/1960✓, ' I. 'rte
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
ND F OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE CERTAIN CONTRACTS, TO -WIT: A CONTRACT
WITH THE HUMBLE PIPE L NE COMPANY REQUIRING THE
ADJUSTMENT OF C PIPELINES, FOR THE
SUM OF $578.30, A CONTRACT WITH THE CHAMPLT9 -=
AND R ANY REQUIRING THE ADJUS
CERTAIN EXIS IN INES, FOR THE SUM OF $1,488.50,
AND A CONTRACT WITH THE SOUTHERN PIPE LINE CORP R -
TION REQUIRING THE ADJUSTMENT OF CERTAIN
PIPELINES, FOR THE SUM OF $605.90, ALL OF WHICH
PIPELINE ALI US M NTS BY SAID C MP NIES ARE NECESSARY
FOR THE CONSTRUCTION OF THE SAVAGE LANf RAILROAD
TRACK, A COPY OF WHICH CONTRACTS ARE AT RETO
AND-WE A PART HEREOF; APPROPRIATING THE SUM OF
X2,672.70 FROM THE BRIDGE REMOVAL AND RELOC 0
BOND FUND NO. 230, PROJECT NOS. 230- 55 -7.1, 230-55-7.4
AND 230 -55 -7.10; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY, IN CONJUNCTION WITH OTHER GOVERNMENTAL
AGENCIES, HAS BEGUN THE BASCULE BRIDGE REMOVAL PROJECT WHICH NECESSITATES
THE CONSTRUCTION OF THE PROPOSED SAVAGE LANE RAILROAD TRACK FROM ACROSS
THE SHIP CHANNEL TO HIGHWAY 44; AND
WHEREAS, THERE ARE EXISTING CERTAIN PIPELINES WHICH, UNLESS
LOWERED AND CASED, ACCORDING TO THE ENGINEERING SPECIFICATIONS, WILL
CONSTITUTE AN OBSTRUCTION TO THE PROPOSED SAVAGE LANE LINE; AND
WHEREAS, CERTAIN OF THESE PIPELINES ARE OWNED BY THE HUM
PIPE LINE COMPANY, CHAMPLIN OIL AND REFINING COMPANY AND SOUTHERN PIPE
LINE CORPORATION, WHICH COMPANIES ARE AGREEABLE TO ADJUSTING EXISTING
PIPELINES, AS NECESSARY, FOR THE COST OF SUCH ADJUSTMENT; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS BEEN DULY APPOINTED
THE AGENT FOR THE SEVERAL RAILROADS AND GOVERNMENTAL AGENCIES PARTICIPATING
IN THE BASCULE BRIDGE REMOVAL PROJECT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE THE FOLLOWING CONTRACTS, TO -WIT: A CONTRACT WITH
THE HUMBLE PIPE LINE COMPANY REQUIRING THE ADJUSTMENT OF CERTAIN EXISTING
PIPELINES FOR THE SUM OF $578.30, A CONTRACT WITH THE CHAMPLIN OIL AND
5'78,_4
REFINING COMPANY REQUIRING THE ADJUSTMENT OF CERTAIN EXISTING PIPELINES
FOR THE SUM OF $1, 488.50, AND A CONTRACT WITH THE SOUTHERN PIPE LINE
CORPORATION REQUIRING THE ADJUSTMENT OF CERTAIN EXISTING PIPELINES FOR
THE SUM OF $605.90, A COPY OF WHICH CONTRACTS ARE ATTACHED HERETO, AND
INCLUDING THEREIN THE ENGINEERING SPECIFICATIONS, AND ALL OF WHICH BEING
MADE A PART HEREOF, SUCH ADJUSTMENTS BEING NECESSARY AS THE CERTAIN
EXISTING PIPELINES PRESENTLY INTERFERE WITH THE CONSTRUCTION AND USE OF
THE PROPOSED SAVAGE LANE RAILROAD TRACK.
SECTION 2. THAT THE TOTAL SUM OF $2,672.70 IS HEREBY APPROPRIATED
FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND N0. 230, PROJECT NO.
230- 55 -7.1 HUMBLE PIPE LINE COMPANY), PROJECT N0. 230- 55 -7.4 (SOUTHERN
PIPE LINE CORPORATION), AND PROJECT NO. 230 -55 -7.10 (CHAMPLIN OIL AND
REFINING COMPANY), FOR PAYMENTS UNDER THE SAID CONTRACTS.
SECTION 3., THE FACT THAT CERTAIN EXISTING PIPELINES ARE A
HINDRANCE TO THE CONSTRUCTION OF THE PROPOSED SAVAGE LANE RAILROAD TRACK
CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING
THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE
OR RESULUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST,
HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS
ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE
EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER IT P SSAG E, IT
IS ACCORDINGLY PASSED AND APPROVED, THIS ,DAY OF ,
196o.
ATTEST:
` THE CITY OF CORPUS CHRISTI, TEXAS
CITY ECRETARY
APPROVED AS TO LEGAL FORM THIS
31ST DAY OF MAY, 196o:
�L
ATTORN Y
a W L P� LiN& CAr
I.aaT '.AS, the Secretary of the Army has made a f hdirg t'.;».
Bascule Bridge is a hindrance to navigation of the Port of Cor[sss MrUAklt
and removal of the Bascule Bridge and the relocation of the 7C9.ilrWa Str-
viva there£rom is necessary; and
WNPWM, the necessary parties to such removal and relooati=j t *%
City of Corpus Christi, ,uses$ County, Nueces County Navigati= District Tao.
and
1, Missouri Pacific Railroad CompanY, the Texas- dfexiaan Railway Garpa Yr
Texas and New Orleans Railroad ComPaTI79 have determined the route noaessazy
for the relocation of tr^ said railroad service; and
WHEXU9 the relocation of said railroad service will be on right
of way that crosses certain existing pipe lines, and unless the said certain
f pipe lines are either lowered and /or cased, or said pipe line right of way
acquired through purchase or eminent domain,'the companies or corporations
owning the said pipe lines will be damaged by the location of the railroad
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track, and the service thereupon, over and across their individual pipe lines;
and
WHUW, the hereinafter named pipe line owner is the owner of a
certain pipe line which will be or probably will be damaged because said
railroad track for the relocated railroad service will be constructed over
the site of the present location of said pipe line; and
I*UM AS, the cost or expense of the lowering and /or casing of the
pipe lines, sufficient to protect the pipe line from dame, has been deter-
mined and agreed upon bq the parties hereto and such amount and deteMination
has been approve, Iv the Corps of &1.-ineers, U. S. Arwyy; and
;AREAS, in lieu of condemnation the City of Corpus Christi♦
a municipal corporation, acting for itself, and duly authorized to.aQtll
and actinC, as the agent for Ilneces County and Nueees County Ilavigation
District No. 1 has agreed to pay to the hereinafter named Pipe Line Owner
the entire cost of adjustment, relocation, lowering and /or easing'of the Wdd
pipe line, hereinafter described, as hereinafter set out and said City,
in the capacities stated, and said Pipe Line Owner desires to enter into this
contractual agreement setting out the terms of the agreement between them,
to -wit:
W I T II E S Sy E T E 1
The humble Pipe Line Company, a private corporation, hereinafter
called "Pipe Line Owner" , for and in consideration of the reimbursement of
cost by the City of Corpus Christi as hereinafter provided and in lieu
of condemnation, and the City of Corpus Christi, Texas, a municipal corpo-
ration, hereinafter called "City", acting for itself, and duly authorized
to act, and acting, as the agent for Ikeces County and :uecos County Navigation
District Po. 19 for and in consideration of the performance of Paragraph (A)
by Pipe Line Owner, hereby enter into this Memorandirt of Agreement, agreeing
to do the following:
(A) Pipe Line Owner agrees it will, on or before thirty days
from the date of receipt by it of notice of approval of this agreement, by the
Corps of Engineers, U. S. Army, perform or have performed the work and furnish
or have furnished the material to accomplish, or have accomplished, the follow -
in< • ►Qc"AVI.27 � �xfrii9iTr .� _a tr..�s,ed
a 9 ,
(B) If Pipe Line owner should be prevented, is Wbole or in
part, from fulfilling its obligation under this contract by xc3= Of
inclement weather preventing performance or by reason of other occurrences
or circumstances reasonably beyond its control which prevent perfol= WIC el
then the date of obligation to perform Paragraph (A) shall be extended
by the number of days of inclement weather or said other oocw7*ncc3 or
circumstances preventing performance.
(C) City agrees to pay Pipe Line Owner the sum of
upon the completion of performance of Paragraph (A), as evidenced by certi-
fication of performance by the engineering firm of Harrington k Cortelyou,
and a letter from an officer of Pipe Line owner that Paragraph (A) has been
performed.
(D) Pipe Line Owner agrees that the said sum to be paid by the
i
City upon the performance of Paragraph (A) is the full remuneration owed y
to Pipe Line Owner hereunder and covers and includes all cost and expenses
of any and every nature incurred in performing Paragraph (A) and is full
consideration paid by the City, in its said capacity.
(E) During the period Pipe Line Owner is engaged in performance
of Paragraph (A) herein, Pipe Line Owner agrees to hold harmless and indem-
nify City, Nueces County, Nueces County Navigation District No. 19 and the
United States Army for any and all damages or claims for damages by any
person, firm or corporation, resulting from or as a result of, any negligent
act or omission to act of Pipe Line owner or arty person, fire or corporation
acting for, and with the consent of, Pipe Line (3imer in connection with the
said Pipe Line relocation andfor adjustment, mWor casing, mid/or removal
activities a3 provided f:r heMln-
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(F) Pipe Line Owner will use the a= r ts:,=,-bl* 0= x... :.,
gence customary in the pipe line businOas in perfarming ?Ara --M'h (A). ?i1
the event of crop or land damage for which Pipe Liris O=:r 10 1 Z711'T
responsible to a third party because of crop or land d=-, -ej M: C44
Pipe Line owner agree that Pipe Line Owner will make no pq==t ft -*"a!4
third party, unless authorized by City in writing, but 1411 n0tUtr 6 W
whereupon City will undertake and assume all negotiations, Utter -ItO
and /or defense of litigation involved, and subject to the above, 014
will hold harmless and indemnify Pipe Line Owner from any liabilit, tO
said third party for said reason.
(G) The City and Pipe Line owner agree that this Memorandum
Agreement becomes in full force and effect upon approval of this contract
by the Corps of Engineers, U. S. Army, evidenced by a letter or copy thereof
by the said'Corps of Engineers denoting approval.
(ii) It is expressly understood and agreed that the terms and
provisions of this instrument and the execution hereof by Pipe Line Owner
shall not be construed as waiving, modifying, altering, impairing, diminish-
ing nor in any manner affecting the rights, titles, interests and privileges
acquired and presently owned by Pipe Line owner under pipe line right of way
and easement instrument, or instruments, under which Pipe Line Owner acquired
its existing pipe line and other rights in the lands affected either by this
contract or by the relocated railroad service route mentioned herein, and
Pipe Line Owner expressly reserves and retains to itself, its successors and
assigns, all of such rights, titles, -interests and privileges so acr,.titeds
-4- 4
except to the extent that the existing pipe Jim$ Ors sdj-a:
with this Agreement.
WITkiESSETH The seals and signatures thu of
1950.
CITZ OF CORM cmz,7z
By:
Herbert W. er,
ATTEST: City Manager
City Secretary
APPROVED AS TO LEGAL FWI THIS
THE DAY OF ,1960:
City Attorney FORM APPROVEQ
HWULE PIPS LINE COk-jPANY
:
ATTEST; ✓,ae
President
a
4AAt- Secretary, Hvnble Pipe Line
Company ;
THE STATE OF TMs ,
COU11'1'Y OF NUSCES
BEFORE tom, the undersigned authority, on this day personally ap-
peared HETMERT W. W1iri12Y, City Manager of the City of Corpus Christi, Texas,
known to me to be the person whose name is subscribed to the foregoing instru- `
ment and acknowledged to me that he executed the same for the purposes and ?
consideration therein expressed, and in the capacity therein stated and
as the act and dead of said City.
GIVEN UEUR Mr HOED AM MAL OF CE=, This tho day of
,i9b0.
a
9
an (i�=4z:
l iiCnJ .• -_
THE STATE OF IMS
COU! T i or
DEFOR,IW, the undersigned authority, on this day personally ap-
peared "etY "��.. VM, President of H=bls Pipe Line Compargro
known to me to be the person and officer whose name is subscribed to the fors-
Coin.- instrument and acknowledged to me that the same was the act of the said
;fumble Pipe Line Company, a corporation, and that he executed the same as the ;
act of such corporation for the purposes and consideration therein eased
and in the capacity therein stated.
GIVER IMMER h1y HAND AND SEAL OF OFFICE, this the 122dv of
/ 11 1960.
U' app
;rotary Public in and for ?lams
County, Texas
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AGREEwtNT WITH PIPE L 1 NE OWNERS
WHEREAS, THE SECRETARY OF THE ARMY HAS MADE A FINDING THAT THE
BASCULE BRIDGE IS A HINDRANCE TO NAVIGATION OF THE PORT OF CORPUS CHRISTI,
AND REMOVAL OF THE BASCULE BRIDGE AND THE RELOCATION OF THE RAILROAD SER-
VICE THEREFROM 15 NECESSARY; AND
" WHEREAS, THE NECESSARY PARTIES TO /SUCH REMOVAL AND RELOCATION,
THE'CITY OF CORPUS CHRISTI, NUECES COUNTY, NUECES COUNTY NAVIGATION DISTRICT
NO. 1, MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - :MEXICAN RAILWAY COMPANY,
AND •TEXAS AND NEW ORLEANS RAILROAD COMPANY, HAVE DETERMINED THE ROUTE NECES-
SARY FOR THE RELOCATION OF THE SAID RAILROAD SERVICE; AND
WHEREAS, THE RELOCATION OF SAID RAILROAD SERVICE WILL BE ON RIGHT
OF WAY THAT CROSSES CERTAIN EXISTING PIPE LINES, AND UNLESS THE SAID CERTAIN
PIPE LINES ARE EITHER LOWERED ANDAR CASED, OR SAID PIPE LINE RIGHT OF WAY
ACQUIRED THROUGH PURCHASE OR EMINENT DOMAIN, THE COMPANIES OR CORPORATIONS
OWING THE SAID PIPE LINES WELL BE DAMAGED BY THE LOCATION Ot THE RAILROAD
TRACK, AND THE SERVICE THEREUPON, OVER AND ACROSS THEIR INDIVIDUAL PIPE LINES;
AND
WHEREAS, THE HEREINAFTER NAMED PIPE LINE OWNER IS THE OWNER OF A
CERTAIN PIPELINE WHICH WILL BE OR PROBABLY WILL BE DAMAGED BECAUSE SAID
RAILROAD TRACK FOR THE RELOCATED RAILROAD SERVICE WILL BE CONSTRUCTED OVER
THE SITE OF THE PRESENT LOCATION OF SAID PIPE LINE; AND
WHEREAS, THE COST OR EXPENSE OF THE LOWERING AND /OR CASING OF THE
PIPE LINES, SUFFICIENT TO PROTECT THE PIPE LINE FROM DAMAGE, HAS BEEN DETER-
MINED AND SUCH AMOUNT AND DETERMINATION HAS BEEN APPROVED BY THE CORPS OF
ENGINEERS, U. S. ARMY; AND
WHEREAS, THE SAID HEREINAFTER NAMED PIPE LINE OWNER AND THE CITY
OF,CORPUS CHRISTI, A MUNICIPAL CORPORATION, DULY,AUTHORIZED TO ACT, AND ACT-
ING FOR ITSELF AND AS THE AGENT FOR THE ABOVE SAID PARTIES HAVE AGREED, IN
LIEU OF CONDEMNATION, TO PAY THE COST OF ADJUSTMENT, RELOCATION, LOWERING
'ANDlOR CASING OF THE SAID PIPE LINE, HEREINAFTER DESCRIBED, AS'HEREINAFTER
SET OUT WHICH IS DETERMINED AS BEING SUFFICIENT TO PROTECT IT FROM ANY DAMAGE,
AND HAVE ENTERED INTO THIS CONTRACTUAL AGREEMENT SETTING OUT THE TERMS, TO -WITS
W FT N E S•S E T H
"THE ffgl A PRIVATE CORPORA-
TION, HEREINAFTER CALLED PIPE LINE OWNER„, FOR AND IN CONSIDERATION OF THE
REIMBURSEMENT OF COST BY THE CITY OF CORPUS CHRISTI AND IN LIEU OF CONDEMNA-
TION, AND THE-CITY- OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HERE-
INAFTER CALLED „CITY„, DULY AUTHORIZED TO ACT, AND ACTING FOR ITSELF AND AS
THE AGENT FOR RUECES COUNTY AND NUECES COUNTY NAVIGATION DISTRICT,NOo 1, FOR
AND IN CONSIDERATION OF THE, PERFORMANCE OF PARAGRAPH (A) BY PIPE LINE OWNER,
HEREBY ENTER INTO THIS MEMORANDUM OF AGREEMENT, AGREEING TO DO THE FOLLOWINGS
(A) PIPE LINE OWNER AGREES IT WILL, ON OR BEFORE �"�• DAYS
-FROM THE DATE OF APPROVAL OF THIS, AGREEMENT, BY THE CORPS OF ENGINEERS, U. So
ARMY, PERFORM THE WORK AND'FURNISH THE MATERIAL TO ACCOMPLISH, OR HAVE AC-
COMPLISHED,- THE.y�FOLLOWING: / /
Acco21/J9 TU a- &ee_c.4ed cS'/CG&
—9—
ALL IN ACCORDANCE WITH MAPS, PLATS -AND SPECIFICATIONS MARKED EXHIBIT °A ",
ATTACHED HERETO AND MADE A PART HEREOF. --
- -- (B) IF PIPE LINE OWNER SHOULD BE,PREVENTED, IN WHOLE -OR IN
PART,, FROM FULFILLING ITS OBLIGATIONS UNDER T#IS CONTRACT BY REASON OF IN-
CLEMENT WEATHER PREVENTING PERFORMANCE OR BY REASON OF OTHER UNFORESEEABLE
OCCURRENCES OR•CIRCUMSTANCES REASONABLY BEYOND -ITS CONTROL WHICH PREVENT PER-
FORMANCE, THEN THE DATE OF OBLIGATION TO PERFORM PARAGRAPH (A) SHALL BE EXTENDED
BY THE,NUMBER OF DAYS OF INCLEMENT WEATHER OR -SkID OTHER OCCURRENCES OR CIRCUM-
STANCES PREVENTING PERFORMANCE. -
(C) CITY AGNFES TO PAY PIPE LINE OWNER THE SUM OF
UPON THE C014RLETION OF PERFORMANCE OF PARAGRAPH (A), AS EVIDENCED BY CERTIFICA-
TION OF PERFORMANCE BY THE ENGINEERING FIRM OF HARRINGTON & CORTELYOU, AND A
LETTER FROM AN OFFICER OF PIPE 0-NE OWNER THAT PARAGRAPH (A) HAS BEEN- PERFORM-
-- (D) PIPE LINE OWNER AGREES -THAT THE SAID SUM TO BE PAID BY THE
CITY UPON THE PERFORMANCE OF PARAGRAPH (A) IS THE FULL REMUNERATION OWED TO
PIPE LINE OWNER AND COVERS AND INCLUDES ALL COST AND EXPENSES OF ANY AND EVERY
NATURE INCURRED IN PER /ORMIN6 PARAGRAPH (A) AND A S FULL CONSIDERATION PAID BY
THE CITY, IN ITS. SAID CAPACITY, AND THAT THE PERFORMANCE OF PARAGRAPH JA) SUF-
FICIENTLY PROTECTS SAID PIPE LINE FROM DAMAGE BECAUSE -OF THE USE OF RAILROAD
TRAIN SERVICE. - -- - - --
(E) PIPE LINE OWNER AGREES TO HOLD HARMLESS AND INDEMNIFY
CITY, NUECES,COUNTY, NUECES COUNTY NAVIGATIOH QISTRICT NO. i, AND THE UNITED
STATES ARMY FOR ANY AND ALL DAMAGES OR CLAIMS FOR DAMAGES BY ANY PERSON,-FIRM
OR CORPORATION.) RESULTING FROM;;OR ASIA RESULT OF, ANY REGLIGENT -ACT OR,OMIS-
SION TO ACT OF PIPE LINE OWNER OR ANY PERSON, FIRM OR CORPORATION-ACTING FOR,
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AND WITH THE CONSENT OF, PIPE LINE OWNER IN CONNECTION WITH THE SAID PIPE
LINE RELOCATION AND/OR ADJUSTMENT, AND/OR CASING, AND/OR REMOVAL ACTIVITIES
AS CONTRACTED HEREIN.
(F) PIPE LINE OWNER WILL USE THE SAME REASONABLE CARE AND
DILIGENCE CUSTOMARY IN THE PIPE LINE BUSINESS IN PERFORMING PARAGRAPH (A).
IN THE EVENT OF CROP OR LAND DAMAGE FOR WHICH PIPE LINE OWNER IS LEGALLY
RESPONS -ISLE TO A THIRD PARTY BECAUSE OF CROP OR LAND DAMAGE, NOT CAUSED BY
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 WILL
NOTIFY CITY WHEREUPON CITY WILL UNDERTAKE AND ASSUME ALL NEGOTIATIONS, SETTLE-
MENTS AND/OR DEFENSE OF LITIGATION INVOLVED, AND SUBJECT TO PARAGRAPH (E)
ABOVE, CITY WILL HOLD HARMLESS AND INDEMNIFY PIPE LINE OWNER FROM ANY LIABILITY
TO SAID THIRD PARTY FOR SAID REASON.
(G) THE CITY AND PIPE LINE OWNER AGREE THAT THIS MEMORANDUM
AGREEMENT BECOMES IN FULL FORCE AND EFFECT UPON APPROVAL OF THIS CONTRACT BY
THE CORPUS OF ENGINEERS, U. S. ARMY, EVIDENCED BY A LETTER OR COPY THEREOF BY
THE SAID CORPS OF ENGINEERS DENOTING APPROVAL, OR BY LETTER FROM THE CITY
MANAGER AUTHORIZING PIPE LINE OWNER TO PROCEED.
WITNESSETH THE SEALS AND SIGNATURES THIS DAY OF
19_ .
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF 119_:
CITY OF CORPUS CHRISTI
BY
HERBERT W. WHITNEY
CITY MANAGER
PIPE LINE OWNER
CITY ATTORNEY BY
ATTEST:
SECRETARY OF PIPE LINE OWNER
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A mEkNT W ITH P 1 PE L I NE i3WNERS
WHEREAS, THE SECRETARY OF THE ARMY HAS MADE A FINDING THAT THE
BASCULE BRIDGE 15 A HINDRANCE TO NAVIGATION OF THE PORT OF CORPUS CHRISTI,
AND REMOVAL OF THE BASCULE BRIDGE AND THE, RELOCATION OF THE RAILROAD SER-
VICE THEREFROM IS NECESSARY; AND
WHEREAS, THE NECESSARY PARTIES TO SUCH REMOVAL AND RELOCATION,
v
THE'CITY OF CORPUS CHRISTI, NUECES COUNTYp NUECES COUNTY NAVIGATION DISTRICT
NO. 1, MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - MEXICAN RAILWAY COMPANYp
AND-TEXAS AND NEW ORLEANS RAILROAD COMPANY, HAVE DETERMINED THE ROUTE NECES-
SARY FOR THE RELOCATION OF THE SAID RAILROAD SERVICE; AND
WHEREAS, THE RELOCATION OF SAID RAILROAD SERVICE WILL BE ON RIGHT
OF WAY THAT CROSSES CERTAIN EXISTING PIPE LINES, AND UNLESS THE SAID CERTAIN
6
PIPE LINES ARE EITHER LOWERED ANDAR CASED, OR SAID PIPE LINE RIGHT OF WAY
ACQUIRED THROUGH PURCHASE OR EMINENT DOMAIN, THE COMPANIES OR CORPORATIONS
OWING THE SAID PIPE LINES WILL BE DAMAGED BY THE LOCATION OP THE RAILROAD
TRACK, AND THE SERVICE THEREUPON, OVER AND ACROSS THEIR INDIVIDUAL PIPE LINES;
AND
WHlEREAS, -THE HEREINAFTER NAMED PIPE EFNE OWNER IS THE OWNER OF A
CERTAIN PtPE`LINE WHICH WILL BE OR PROBABLY WILL BE DAMAG `ED BECAUSE, SAID �
Rk�LROAD TRACK FOR THE RELOCATED RAILROAD SERVICE WILL BE CONSTRUCTED OVER
THE SITE OF THE PRESENT LOCATION OF SAID PIPE LINE; AND
WHEREAS, THE COST OR EXPENSE OF THE LOWERING AND/OR CASING OF THE
PIPE LINES, SUFFICIENT TO PROTECT THE PIPE LINE FROM DAMAGE, HAS BEEN DETER-
MINED AND SUCH AMOUNT AND DETERMINATION HAS BEEN APPROVED BY THE CORPS OF
ENGINEERS, U. S.,ARMY; AND
s
A mEkNT W ITH P 1 PE L I NE i3WNERS
WHEREAS, THE SECRETARY OF THE ARMY HAS MADE A FINDING THAT THE
BASCULE BRIDGE 15 A HINDRANCE TO NAVIGATION OF THE PORT OF CORPUS CHRISTI,
AND REMOVAL OF THE BASCULE BRIDGE AND THE, RELOCATION OF THE RAILROAD SER-
VICE THEREFROM IS NECESSARY; AND
WHEREAS, THE NECESSARY PARTIES TO SUCH REMOVAL AND RELOCATION,
v
THE'CITY OF CORPUS CHRISTI, NUECES COUNTYp NUECES COUNTY NAVIGATION DISTRICT
NO. 1, MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - MEXICAN RAILWAY COMPANYp
AND-TEXAS AND NEW ORLEANS RAILROAD COMPANY, HAVE DETERMINED THE ROUTE NECES-
SARY FOR THE RELOCATION OF THE SAID RAILROAD SERVICE; AND
WHEREAS, THE RELOCATION OF SAID RAILROAD SERVICE WILL BE ON RIGHT
OF WAY THAT CROSSES CERTAIN EXISTING PIPE LINES, AND UNLESS THE SAID CERTAIN
6
PIPE LINES ARE EITHER LOWERED ANDAR CASED, OR SAID PIPE LINE RIGHT OF WAY
ACQUIRED THROUGH PURCHASE OR EMINENT DOMAIN, THE COMPANIES OR CORPORATIONS
OWING THE SAID PIPE LINES WILL BE DAMAGED BY THE LOCATION OP THE RAILROAD
TRACK, AND THE SERVICE THEREUPON, OVER AND ACROSS THEIR INDIVIDUAL PIPE LINES;
AND
WHlEREAS, -THE HEREINAFTER NAMED PIPE EFNE OWNER IS THE OWNER OF A
CERTAIN PtPE`LINE WHICH WILL BE OR PROBABLY WILL BE DAMAG `ED BECAUSE, SAID �
Rk�LROAD TRACK FOR THE RELOCATED RAILROAD SERVICE WILL BE CONSTRUCTED OVER
THE SITE OF THE PRESENT LOCATION OF SAID PIPE LINE; AND
WHEREAS, THE COST OR EXPENSE OF THE LOWERING AND/OR CASING OF THE
PIPE LINES, SUFFICIENT TO PROTECT THE PIPE LINE FROM DAMAGE, HAS BEEN DETER-
MINED AND SUCH AMOUNT AND DETERMINATION HAS BEEN APPROVED BY THE CORPS OF
ENGINEERS, U. S.,ARMY; AND
WHEREAS, THE SAID HEREINAFTER NAMED PIPE LINE OWNER AND THE CITY
OF,CORPUS CHRISTI, A MUNICIPAL CORPORATION, DULY•AUTHORIZED TO ACT, AND ACT-
ING FOR ITSELF AND AS THE AGENT FOR THE ABOVE SAID PARTIES HAVE AGREED, IN
LIEU OF CONDEMNATION, TO PAY THE COST OF ADJUSTMENT, RELOCATION, LOWERING
•AND�OR'CAS"I'NG OF-THE SAID PIPE"LINE,'HEREINAFTER DESCRIBED, AS HEREINAFTER
SET OUT WHICH IS DETERMINED AS BEING SUFFICIENT TO PROTECT IT FROM ANY DAMAGE,
AND HAVE ENTERED INTO THIS CONTRACTUAL AGREEMENT SETTING OUT THE TERMS, TO —WIT:
W FT WE S-S E T H
"THE SOUTHERN PIPE LINE CORPORATION A PRIVATE CORPORA-
TION, HEREINAFTER CALLED „PIPE LINE OWNER ", FOR AND IN CONSIDERATION OF THE
REIMBURSEMENT OF COST BY THE'CITY OF CORPUS CHRISTI AND IN LIEU OF CONDEMNA—
TION,.ANO THE•,CITY,OF'CORPUS CHRISTI, TEXAS, A MUNICIPA4 CORPORATION, HERE-
INAFTER CALLED "CITY ", DULY AUTHORIZED TO ACT, AND ACTING FOR ITSELF AND AS
THE AGENT FOR'N.UECES COUNTY AND NUECES COUNTY NAVIGATION DISTRICT,NOe 1, FOR
AND IN CONSIDERATION OF THE, PERFORMANCE OF PARAGRAPH (A) BY PIPE LINE OWNER,
HEREBY ENTER INTO THIS MEMORANDUM OF AGREEMENT, AGREEING TO DO THE FOLLOWING:
(A) PIPE LINE OWNER AGREES IT WILL, ON OR BEFORE 15 DAYS
FROM THE DATE OF APPROVAL OF THIS, AGREEMENT, BY THE CORPS OF ENGINEERS, U. S.
ARMY, PERFORM THE WORK AND FURNISH THE MATERIAL TO ACCOMPLISH, OR HAVE AC-
COMPLISHED, THE FOLLOWING:
-2-
c � -
ALL IN ACCORDANCE WITH MAPSF PLATS AND SPECIFICATIONS MARKED EXHIBIT °A °F
ATTACHED HERETO AND MADE A PART HEREOF. _.
(B) IF PIPE LINE OWNER SHOULD BE,PREV ENT ED, IN WHOLE OR IN
PART, FROM FULFILLING ITS OBLIGATIONS UNDER T441 CONTRACT BY REASON OF tN-
CLEMENT WEATHER PREVENTING PERFORMANCE OR BY REASON OF -OTHER UNFORESEEABLE
OCCURRENCES OR CIRCUMSTANCES REASONABLY BEYOND -ITS CONTROL WHICH ;PREVENT PER -
ORMANCEF THEN THE DATE OF OBLIGATION TO PERFORM PARAGRAPH (A) SHALL BE EXTENDED
BY THE,NUMBER OF DAYS OF INCLEMENT WEATHER OR -SAID OTHER OCCURRENCES OR CIRCUM-
STANCES PREVENTING PERFORMANCE.
-- (C) CITY AGREE3 TO PAY; PIPE LINE OWNER THE SUM OF $ 605,qp -
UPON THE CQMPLETION OF PERF,OR14ANCF OF PARAGRAPH ('A!F AS EVIDENCED BY CERTIFICA-
TION OF PERFORMANCE BY THE ENGINEERING FIRM OF HARRINGTON & CORTELYOUF AND A
LET -TER FROM AN OFFICER OF PIPE L-I-NE OWNER THAT PARAGRAPH (A) HAS BEEN PERFORM-
ED.
(D) PIPE LINE OWNER= AGREES•THAT THE SAID SUM TO BE PAID BY THE
CITY UPON THE PERFORMANCE OF PARAGRAPH IS THE FULL REMUNERATION OWED TO
PIPE LINE. OWNER AND COVERS AND INCLUDES ALL COST AND EXPENSES OF ANY -AND EVERY
NATURE INCURRED IN PENYORMING. PARAGRAPH (A) AND, IS FULL CONSIDERATION PAID BY
THE -CI TYF IN ITS. SAI -D CAPACI YVY AND �THAT THE PERFORMANCE OF PARAGRAPH (A) SUF-
FICIENTLY PROTECTS SAIQ PIPE LINE FROM DAMAGE BECAUSE'OF THE USE OF RAILROAD
TRAIN SERVICE.
(E) PIPE LINE OWNER AGREES TO HOLD HARMLESS AND INDEMNIFY ; -`-
CITYF YNUECES_COUNTYF NUECE3 COUNTY NAVIGATION QI STRI C.T NO. iF AND THE UNITED
STATES ARMY FQR'ANY AND ALL DAMAGES OR CLAIMS FOR DAMAGES, BY ANY PERSONF_FIRM
OR CORPORATION' RESULTING FROM OR AS•A RESULT OFF ANY KEG41GENT -ACT OR,OMIS-
SION TO ACT OF PIPE LINE OWNER OR ANY PERSONF FIRM OR CORPORATION. ACTING FORS
-3-
AND WITH THE CONSENT OF, PIPE LINE OWNER IN CONNECTION WITH THE SAID PIPE
LINE RELOCATION AND/OR ADJUSTMENT, AND/OR CASING, AND/OR REMOVAL ACTIVITIES
AS CONTRACTED HEREIN. I
(F) PIPE LINE OWNER WILL USE THE SAME REASONABLE CARE AND
DILIGENCE CUSTOMARY IN THE PIPE LINE BUSINESS IN PERFORMING PARAGRAPH (A).
IN THE EVENT OF CROP OR LAND DAMAGE FOR WHICH PIPE LINE OWNER IS LEGALLY
RESPONSIBLE TO A THIRD PARTY BECAUSE OF CROP OR LAND DAMAGE, NOT CAUSED BY
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 WILL
NOTIFY CITY WHEREUPON CITY WILL UNDERTAKE AND ASSUME ALL NEGOTIATIONS, SETTLE-
MENTS AND/OR DEFENSE OF LITIGATION INVOLVED, AND SUBJECT TO PARAGRAPH (E)
ABOVE, CITY WILL HOLD HARMLESS AND INDEMNIFY PIPE LINE OWNER FROM ANY LIABILITY
TO SAID THIRD PARTY FOR SAID REASON.
(G) THE CITY AND PIPE LINE OWNER AGREE THAT THIS MEMORANDUM
AGREEMENT BECOMES IN FULL FORCE AND EFFECT UPON APPROVAL OF THIS CONTRACT BY
THE CORPUS OF ENGINEERS, U. S. ARMY, EVIDENCED BY A LETTER OR COPY THEREOF BY
THE SAID CORPS OF ENGINEERS DENOTING APPROVAL, OR BY LETTER FROM THE CITY
MANAGER AUTHORIZING PIPE LINE OWNER TO PROCEED.
WITNESSETH THE SEALS AND SIGNATURES THIS DAY OF
9
ATTEST: CITY OF CORPUS CHRISTI
CITY SECRETARY BY
HERBERT W. WHITNEY
APPROVED AS TO LEGAL FORM THIS CITY MANAGER
DAY OF 9�9l:
SOUTHERN PIPE LINE CORPORATION
PIPE LINE OWNER
CITY ATTORNEY BY
ATTEST;
SECRETARY OF PIPE LINE OWNER
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SOUTHERN PIPRING ELINE DEPAATMIENT CORPORATION
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CORPUS CHRISTI. TEXAS
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MAY 41, 1960
I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE
CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE
AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI
TO THE CREDIT OF NO. BRIDGE REMOVAL AND RELOCATION BOND FUND N0. 230,
PROJECT NO.
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
DIRECTOR OF FINANCE
tF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
CORPUS CHRFL
_L_DAY 19 ! C
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDS 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,
ES PE
CT FULLY
R YOTTY
OF U O S CHRISTI, TEXAS CI
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR. p
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.