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HomeMy WebLinkAbout07813 ORD - 12/08/1965I" AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO HOUS- TON PIPE LINE COMPANY FOR THE INSTALLATION AND OPERATION OF AN 18" PIPE LINE ACROSS HIGHWAY �9_, ALONG F. M, HIGHWAY 1694,_THENCE ACROSS AND ALONG HEARN ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING THE TERMS OF SUCH EASEMENT., A COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 11r1' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISk , TEXAS: SECTION 1. That .the City Manager is hereby authorized to execute and deliver,��to Houston Pipe Line Company a revocable easement.to install and operate an 18" pipe line across Highway 9 and along F. M. Highway 1694, thence across and along Hearn Road, in the City of Corpus Christi, Nueces County, Texas, as shown on the plat .attached to and made a part of the attached easement. SECTION 2. The necessity for securing compensation to the City for the crossing of Highway 9 and the crossing of Hearn Road at the locations designated in the attached easement creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule providing that no ordinance or resolution shall be passed finally on'the date of its introduction w and that such ordinance or resolution shall be read at three sev- eral meetings of the City Council, and'the Mayor Having declared such emergency and necessity to exist, having requested the sus- pension 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 its passage, IT IS ACCORD- INGLY SO ORDAINED, this the f day of November, 1965.. ATTEST: A ORVf0 -fem THE CITY OF CORPUS CHRISTI, TEXAS t City Secreta APPROVED AS TO LEGAL FORM THIS iDAY OF NOVEMBER, 1965: Cft-y Attdrne 0 A '813 a REVOCABLE EASEMENT THE STATE OF TEXAS.) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES - ) That the City of Corpus Christi, Texas, acting by and through its duly authorized City Manager, Herbert W. Whitney, for and inconsideration of the sum of One Dollar ($1.00) and other valuable consideration, as set forth below, to it in hand paid by Houston Pipe Line Company, a Texas corporation, the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed, and by these presents does grant, sell and convey upon the conditions hereinafter stated, unto the said Houston Pipe Line,Company the right to lay, construct, operate, - maintain, repair and remove one (1) eighteen inch (18 ") pipe line across Highway 9 and along F. M. Highway 1694, thence across and along Hearn Road, for a total distance of approximately six thousand feet (6,0001), said pipe line to be located in substantial compliance with the plat labeled Houston Pipe Line Company Drawing HC -102- 125+ attached hereto and made a part hereof for more complete description. TO HAVE AND TO HOLD the same unto the said Houston Pipe Line Company, its successors and assigns, together with the right and privilege at any time'and all times to enter upon the premises upon which said line is located for the purpose of operating, maintaining, repairing and /or removing the said pipe line for the transportation and sale of oil,.gas, and /or liquid hydrocarbons, and it is further understood that the foregoing easement and right is granted upon the following conditions: (a) #Grantee will save and keep harmless the City of Corpus Christi, Texas, from any and all claims for liability by reason of the construction of said pipe line, or the operation, maintenance, or existence thereof. Al 49 (b) Grantee will repair or cause to be repaired any damage to any underground lines owned by the City of Corpus Christi if said damage results by reason of the construction of said pipe line or the operation, maintenance or removal thereof. (c) For the rights and privileges herein granted to construct and operate said 18" pipe line Grantee shall pay to the City the sum of Two-Hundred Dollars ($200.00) within thirty days after, execution and delivery of this easement to the Grantee, and Grantee shall also pay to the City the sum of Two Hundred + Dollars ($200.00) on or before the first day of August of each year hereafter during the time that this easement is in effect, which shall constitute payment in full to the City for the rights and privileges herein granted to Grantee. (d) It is understood and agreed that the right and easement .herein granted may be revoked at any time by the City of Corpus Christi, Texas. In the event such right and easement is hereafter revoked, Grantee shall have only the rights and privileges in connection with said pipe line that Grantee would have had in the absence of this easement grant by the City. IN.TESTIMONY WHEREOF; the City of Corpus Christi, Texas, has caused these presents to be executed this the day of November, 1965. CITY OF_CORPUS CHRISTI, TEXAS By . Herbert W. Whitney City -Manager ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF NOVEMBER, 1965: A" '^ City Attorney f j -2- THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, the undersigned authority, on this day per- sonally appeared HERBERT W. WHITNEY, known to me to be the City Manager of the City of Corpus Christi, Texas, and the same per - son"wholsigned the foregoing instrument, and acknowledged to me that he executed the same as'the act of the City of Corpus Christi, Texas, and as City Manager thereof for the purposes and considera- tions therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1965. Notary Public in and for Nueces County, Texas The above grant and easement is hereby accepted this the day of 1965, by HOUSTON PIPE LINE COMPANY, and said corporation agrees to keep and perform the conditions imposed by said grant and easement and that it is bound by all of the terms of the same. HOUSTON PIPE LINE COMPANY By THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the fore- going instrument, as for Houston Pipe Line Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of _, 1965. NOTARY PUBLIC in and for Nueces County, Texas. -3- l CORPUS CHRISTI, TEXAS X DAY OF �• TO THE MEMBERS OF THE CITY COUNCIL • " CORPUS CHRISTI, TEXAS 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 RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YO R; l THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:: DR. MCIVER FURMAN L(_�I'/.�Jp l JACK BLACKMON PATRICK J. DUNNE �U DR. P. JIMENEZ, JR. KEN MCDAN I EL RONNIE SIZEMORE 6", U WM. H. 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