HomeMy WebLinkAbout08163 ORD - 09/07/19668/31/66
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE
A CONTRACT WITH MAGNOLIA PIPE LINE COMPANY REQUIRING
THE ADJUSTMENT AND ENCASING OF PORTIONS OF TWO EXISTING
PIPELINES NECESSARY FOR THE CONSTRUCTION OF THE NAVIGATION
BOULEVARD PAVING PROJECT DESIGNATED AS PROJECT NO.
220-64-63, FOR THE TOTAL SUM OF $1,685.01, A COPY OF WHICH
CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF;
APPROPRIATING THE SUM OF $1,685.01 FROM 220 STREET BOND
FUND; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI DESIRES TO BEGIN THE NAVIGATION
BOULEVARD PAVING PROJECT, WHICH NECESSITATES THE CONSTRUCTION OF NAVIGATION
BOULEVARD FROM LEOPARD STREET TO UPRIVER ROAD; AND
WHEREAS, THERE ARE EXISTING CERTAIN PIPELINES WHICH, UNLESS LOWERED
AND CASED, ACCORDING TO THE ENGINEERING SPECIFICATIONS, WILL CONSTITUTE AN
OBSTRUCTION TO THE NAVIGATION BOULEVARD PAVING; AND
WHEREAS, TWO OF THESE CERTAIN PIPELINES ARE OWNED BY THE MAGNOLIA
PIPE LINE COMPANY, WHO IS AGREEABLE TO ADJUSTING AND ENCASING PORTIONS OF
THE SAID PIPELINES AS NECESSARY, FOR THE COST OF SUCH ADJUSTMENT AND ENCASING:
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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH
MAGNOLIA PIPE LINE COMPANY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
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PART HEREOF INCLUDING THE ENGINEERING SPECIFICATIONS, REQUIRING THE SAID
MAGNOLIA PIPE LINE COMPANY TO ADJUST AND ENCASE, ACCORDING TO CERTAIN ENGINEER-
ING SPECIFICATIONS, PORTIONS OF TWO EXISTING PIPELINES THAT WOULD INTERFERE
WITH THE CONSTRUCTION AND USE OF THE NAVIGATION BOULEVARD PAVING, FOR THE
SUM OF $1,685.01, TO BE PAID BY THE CITY OF CORPUS CHRISTI
SECTION 2. THAT THE SUM OF $1,685.01 IS HEREBY APPROPRIATED FROM
220 STREET BOND FUND, PROJECT No. 220- 64 -63, FOR PAYMENT UNDER THE SAID 4
CONTRACT.
• SECTION 3. THE FACT THAT CERTAIN EXISTING PIPELINES ARE A HINDRANCE
TO THE CONSTRUCTION OF THE NAVIGATION BOULEVARD PAVING PROJECT ' CREATES A" `
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION
F 8168
OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE DAVE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION
SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR,
HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED
1/• THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT
FROM APD AFTER ftS/ AGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE
T DAY OF T, 1966.
ATTEST:
P? P " 7, -
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRET RY
APPROVED AS T LEGAL FORM THI
31ST D F AUGUST, �z -
SISTANT CIT A EY
$/31/46
AGREEMENT WON PIPELINE OWNERS
_ WHEREAS, THE CITY OF CORPUS CHRISTI• HAD DETERMINED THE 'NECESSITY
QF .CONSYRUCTIHG AND RECONSTRUCTING t(AVIGATION,BOULEVARD• FROM LEOPARD STREET
TO UPRIVER ROAD AND THE NECESSITY OF THE LOWERING AND CASINO OF',CERTAIN PIPE-
LINES, WHICH WILL CONSTITUTE AN OBSTRUCTION TO THE SAID CONSTRUCTION; AND
WHEREAS,, THE NECESSARY PARTIES TO SUCH LOWERING AND CASINO ARE
Tilt CITY OF CORPUS CHRISTI AND MAGNOLIA PIPE LINE COMPANY] AND THE CITY OF
CORPUS CHRISTI HAS DETERMINED THE ROUTE NECESSARY FOR THE CONSTRUCTION OF -
THE SAID NAVIGATION BOULEVARD] AND
WHEREAS,, THE CONSTRUCTION OF SAID NAVjOAT) ON BOULEVARD WILL BE
ON RIGHT OF WAY THAT CROSSES CERTAIN EXISTING PIPELINES] AND'UNLESS THE SAID
CERTAIN PIPELINES ARE EI?CIiER LOWERED AND /OR CASED,, OR SAID PIPELINE RIGHT OF -
WAY ACQUIRED THROUGH PURCHASE OR EMINENT'DOMAINI THE COMPANIES OR CORPORATIONS
OWNI43 THE SAID PIPELINES WILL BE DAMAGED BY THE LOCATION OF THE NAVIGATION '
BOULEVARD CONSTRUCTION PROJECT,, AND THE MERViCE THEREUPON,, OVER AND ACROSS
THEIR INDIVIDUAL PIPELINES# ANO
WHEREAS,, THE HEREINAFTER NAMED PIPELINE OWNER 13 THE OWNER OF
CERTAIN PIPELINES WHICH WILL BE OR PROBABLY WILL 8E DAMAGED BECAUsE,sAIA
• NAVIGATION BOULEVARD 10 RECONSTRUCTED AND,REPAVED OVER THE SITE OF THE
PRESENT LOCATION OF SAID PIPELINES; AND
• WHEREAS$ THE COST OR EXPENSE OF THE LOWERING AND /OR CASINO OF THE
PIPELINES) SUFFICIENT TO PROTECT THE PIPELINE 1`11,04 DAMAGE$ HAS, BEEN DETER-
MINED AND SUCH AMOUNT AND DETERMINATION HAS BEEN APPROVED BY THE CITY OF
CORPUS CH913T1$ TEXAS ;, AND
WHEREAS: THE SAID IiEREtNAFTER NAMED PIPELINE OWNER AND THE CITY
'OF CORPU'A CHRISTI, F MUNICIPAL CORPORATION,, DULY AUTHORIZED TO ACT,, HAS
AQRE0:) IN ,LIEU OP CONDEMNATION$ TO PAY THE COST OF AD'JUSTNENT$' RCLOCATION,,
LOWERING AND /DR CASING OF THE SAID PIPELINES HEREINAFTER 0VSCRI9ED,,. AS,
HEREJNAFTEk.SET V0T WHICH IS DETERMINED AS "BEING SUFFICIENT TO PROTECT IT
FROM ANY, DAi4AGEj'AND, HAVE ENTERED INTO THIS CONTRACTURAL AOREEMENT SETTING
OUT ?HE TERNS,, TO*WIT1, 1
I ` ,t
All
THE MAGNOLIA PIPE LING, COMPANY, A- ,PRIVATE CORPORATION, HERCIryAFTFR;
CALLED �`F!IPELlNC
NNE R ", FOR AND 10 CONSIDERATION OF THE REIkSURSEMENT OF
+ COST BY THE CITY OF GORPUS CHRIST{ AND IN LIEU OF CONDEMNATION, AND THE CITY
'OF CORPUS GHRISTI,.TEXAti,'A MUtilCiPAL C6RP6RATION, HEREINAFTER CALLED °CITY " �
DULY AUTHORIZED TO ACT., FOR AND IN CONSIDERATION OF THE PERFORMANCE OF
PARAGRAPH '(A)-BY PIPELINE OWNERS HEREBY ENTER INTO THIS MEMORANDUM OF A4REEMENT,4
:AGREEING to DO THE FOLLOWINGS -
(A) PIPELINE OWNER AGREES IT WlLly "ON OR CEfgR6 DAYS
FROM THE DATE OF,APPROVAL OF THIS AGREEMENT, PERFORM THE WORT( AND FURNISH '
THE MATERIAL TO ACCOMPLISH, Of! HAVE ACCOMPLISHED, THE FOLLOWiNGi -
ACCORDING TO ATTACHED PLANS]
r•
'ALLIN ACCORDANCE HIT" MAPS,. PLATS AND SPECIFICATIONS MARKED EXHIBIT NAx,
ATTACIJtO HERETO AND MADE A PART HEREOF.
(B) 1F PIPCLINC OWNER SHOULD SE PREVCNTEDj IN WHoLC OR IN PART,,
FROM FULFILLING ITS OBLIGATIONS UNDER THIS CONTRACT BY REASON OF INCLEMENT
FEATHER PR utm NO PERFORMANCE, OR BY REASON OF OTHER UNFORESEEABLE OCCUR-
RENCES AR CIRCUMSTANCES REA$0NAdLY BEYOND ITS CONTROL WHICH PREVENT PER*
,FORMANCE, THEN THE DATE OF OBLIGATION TO ,PERFORM PARAGRAPH (A) SHALL BE -
EXTEN09D BY THE NUMBER OF DAYS Or INCLEMENT WEATHER OR SAID�OTHER OCCURRENCES
OR CIRCUMSTANCES PREVENTIN4 PERFORMANCC.
- {C} CITY AGREES TO PAY PIPELINE 'OWNER THE !iUM OF #l,685.d1 UPON
THE COMPLETION OF PERFORMANCE OF PARAGRAPH (A), AS•CYIOEHCEDyBY CERTIFfCA-
TION OF PERFORMANCE BY THE CITY ENQINCER, AND AA 1,ETTER FROM AN OFFICER OF
PIPELINE OWNER THAT PARAGRAPH (A) HAS BEEN PERFORMEDr '
(D) ,PIPELINE OWNER AGREES THAT'THE SAID SUN TO BE PAID-BY THE
CITY UPON THE PERFORMANCE OF PARAGRAPH (A) IS THE FULL REMUNERATION OWED TO
PIPELINE OWNER AND COVERS AND iNCLUDEA ALL COST AND EXPENSEi.OF ANY AND ,•
EVER`% NATURE INCURRED IN PERFORMING PARAGRAPH (A) AND IS FULL COH6IDERAT4p?i
PAID BY TI CI,TY,` IN ITS SAID CAPACITY, AND THAT. THE PERFORMANCE OF FARA«
GRAPH (A) SUFFICIENTLY PROTECTS SAID PIPCLINE,FROM DAMAGE BECAUSE OF THE
C9N4TRUCTION AND RECONSTRUCTION OF THE SAID NAVIGATION•BOULEVARO.
(E) PtPEI,INE OWNER AGREES TO HOLD HARMLESS AND INDEMNIFY THE ,
CITY FOR ANY AND ALL DAMAGES OR CLAIMS FOR DAMAGES BY ANY PERAONy FIRM OR '
CORPORATION, RESULTING FROM OR AS A RESULT "OF ANY NEGLIGENT ACTOR OMISSION
TO ACT.' OF PIPELINE OWNER OR ANY PEREONi FIRM OR'CORPORATiON ACTING fOR,
° •- AND WITH THE CONSENT OF} PINELiNE OWNER IN CONNECTION WITH THE'SAID PIPELINE,
-
RELOCATiOq AND /OR ADJUSTMEN•f" AND /DR CASiNti: AND /OR REMOVAL ACTIVITIES AS
CONTRACTED HEREIN,
(F) PIPELINE OWNER W14L'USETHE SAME REASONABLE CARE AN D' DILIGENCE.
CUSTOMARY IN THE PIPELINE BUSINESS IN PERFORMING PARAGRAPH (A).,' IN THE EVENT
OF CROP OR LAND DAMAGE FOR WHICH PIPELINE OWNER IS LEGALLY RESPONSIDLE, -TO A
THIRD PARTY BECAUSE or CROP OR LAND DAMAGE, NOT CAUSED BY NEGLIGENCE CITY
AND PIPELINE OWNER AGREE -THAT PIPELINE OWNER WILL MAKE NO PAYMENT TO $AID'
THIRD PARTYJI UNLESS AUTHORI£ED BY CITY IN WRITING, BUT WILL NOTIf'Y-CITY
WHEREUPON CITY WILL UNDERTAKE AND ASSUME ALL NEGOTIATIONS! SETTLEMENTS AMP/
OR DEFENSE OF LiTtGAT10N INVOLVED, AND SUBJECT TO PARAGRAPH {E} ABOVE$ CITY
WILL,HOLD HARMLESS AND iNDENN1Fy PIPELINE OWNER FROM ANY LIABILITY To SAID
THIRD PARTY FOR SAID REASON.
(G) THE CITY AND PIPELINE OWNER'AGREE THAT THIS MEMORANDUM
AaREENENT BECOMES IN FULL FORCE AND EFFECT UPON EXECUTION BY BOTH PARTIES
HERETO.
(H) NOTHING HEREIN CONTAINED SMALL HE CONSTRUED AS A WAIVER BY
THE CITY of ANY RIGHTS IT MAY HAYS TO COLLECT$ BY ANY MEANS, THE SUMS HEREIN
REFERRED TOY FROM ANY OTHER, PERSON, FIRM OR CORPORATION WHICH MAY BE LIABLE
FOR SAID SUMS:
WITNESS OUR WANDS THIS DAY OF - y 1�66. -
ATTESTS CITY OF GMS CHRIM
By ,
ITY SECRETARY HERBERT W., WHITNEY, CITY MANAGER
AP VE AS TO L F }g
UA 163 '
CIT ATTORNEY
MAftMlA'P'IPE LINE C014PANY
R ATTESTt '
OY q
SECRETARY -
INTER - OFFICE COMMUNICATION
Dept. LEGAL
7.0 R. MARVIN TOWNSEND, ACTING CITY MANAGER
From ROBERT E. YOUNG, ASSISTANT CITY ATTORNEY Date SEPTEMBER 6, 1966 — _
THROUGH i. M. SINGER
S Subject PIPELINE RELOCATIONS - NAVIGATION BOULEVARD PROJECT
IN ORDER TO LOWER SEVERAL PIPELINES IN THE RIGHT OF WAY ON NAVIGATION
BOULEVARD, IT HAS BEEN REQUESTED THAT THE CITY ENTER INTO CONTRACTS OR AGREEMENTS
WITH THE SOUTHERN PIPE LINE CORPORATION AND THE MAGNOLIA PIPE LINE COMPANY.
MAGNOLIA PIPE LINE COMPANY HAS FURNISHED THE CITY WITH ITS ESTIMATE OF
THE COST OF LOWERING AND CASING THAT COMPANY'S TWO PIPELINES. THE TOTAL COST OF
THE MAGNOLIA RELOCATIONS IS $3,370.02. THE MAGNOLIA PIPE LINE COMPANY AGREES TO
PAY ONE -HALF OF THE COST OF LOWERING THEIR PIPELINES.
THE SOUTHERN PIPE LINE CORPORATION HAS THREE PIPELINES IN THE RIGHT OF
WAY, EACH OF WHICH MUST BE LOWERED. IN CONNECTION WITH THE LOWERING OF THE
SOUTHERN PIPE LINE CORPORATION LINES, BIDS WERE SENT OUT BY SOUTHERN PIPE LINE AND
THE LOW BID WAS SUBMITTED BY MERCURY CONSTRUCTION COMPANY IN THE AMOUNT OF
$8,603.20. SOUTHERN PIPE LINE CORPORATION IS NOT AMENABLE: TO PAYING ANY PORTION
OF THE COST OF ADJUSTING THEIR PIPELINES.
WERE EITHER COMPANY A PUBLIC UTILITY COMPANY,A FRANCHISE WOULD BE
REQUIRED FROM THE CITY OR THE CITY COULD REQUIRE THE REMOVAL OR RELOCATION OF THE
PIPELINES. SINCE BOTH COMPANIES ARE PRIVATE CORPORATIONS, WE HAVE NO STATUTORY
AUTHORITY TO REQUIRE THE LOWERING OF THE LINES AT THEIR COST. IN DEFERENCE TO THE
CITY, MAGNOLIA PIPE LINE COMPANY HAS AGREED TO ASSUME A PORTION OF THE COST. BY
WARRANTY DEED DATED MARCH 26, 1963, J. R. HELDENFELS, TRUSTEE, CONVEYED THE ADDI-
TIONAL OR NEW RIGHT OF WAY TO THE CITY. GENERALLY, UNDER A GENERAL WARRANTY DEED,
THE GRANTOR, IN THIS CASE HELDENFELS, GUARANTEES HIS TITLE TO THE PROPERTY CON-
VEYED. IT 15 OUR FEELING THAT HELDENFELS SHOULD BE CALLED UPON TO PARTICIPATE IN
THE PIPELINE RELOCATION COSTS ON THAT PORTION OF THE RIGHT OF WAY CONVEYED IN
1963. 1 HAVE DISCUSSED THIS MATTER WITH HELDENFELS ATTORNEY, MR. ELDON DYER,
WHO INDICATED TOTAL RELUCTANCE TO PARTICIPATE IN THE COSTS OF PIPELINE RELOCATION.
RESPECTFULLY SUBZ1._�
ROBERT E. YOUNG
REY:BJw
APPRO D:
1. M. SINGER
C-I\
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 N0. 220 STREET BOND FUND; PROJECT #220- 64 -63,
$10.288.21, PIPELINE RELOCATIONS: $1,685.01, MAGNOLIA PIPE LINE COMPANY; AND
�b,603.20, SOUTHERN PIPE LINE CO.
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
V `
DIRECTOR OF F N NCE !�/'
CORPUS CHRISTI, TEXAS /
9 DAY OF
TO THE MENDERS 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; 1, 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,
/Z-) �(r) ��
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTES
DR. MCIVER FURMAN
abu
JACK BLACKMON
.�-AY
PATRICK J. DUNNE
//77''
el
DR. P. JIMENEZ, JR.
KEN MCDAN I EL
RONNIE SIZEMORE-
- - - -��
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWI G VOTE;
DR. MCIVER FURMAN�/%J�
JACK BLACKMON
PATRICK J. DUNNE
/ 0
DR. P. JIMENEZ, JR.
1
KEN MCDANIEL
fI
RONNIE SIZEMORE
WM. H. WALLACE
n
I1