The URL can be used to link to this page

Home My WebLink About08561 ORD - 08/16/1967�{ YMP:8/15/67 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TOW B DANSFIE L TO CROSS UNDER FLATO ROAD TO BE LOCATED 1970 FEET SOUTH OF IHE SOUTH RIGHT -OF -WAY LINE OF H G W BY BORING UNDER THE ROAD AND INSTALLING ONE 4-1/2" 0.D. GAS PIPELINE THROUGH A 6" CONDUIT; PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AND DELIVER TO W. B. DANSFI ELL A REVOCABLE EASEMENT TO CROSS UNDER FLATO ROAD TO BE LOCATED 1970 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY k 44 BY BORING UNDER THE ROAD AND INSTALLING ONE -1/2" O.D. GAS PIPELINE THROUGH A 6" CONDUIT FOR USE IN CONNECTION WITH W. B. DANSFIELLIS OPERATIONS IN THE VICINITY, A COPY OF WHICH EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE PIPELINE CROSSING UNDER FLATO ROAD IN CONNECTION WITH W. B. DANSFIELLTS OPERATIONS IN THE VICINITY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINAUY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED 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 AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /(�e�b DAY of AUGUST, 1967. ATTEST: TY SECRETARY APPROVED AS TO' LEGAL FORM THIS 4DAY OF A UST, 1967: CITY AT R EY THE CITY OF CORPUS CHRISTI, TEXAS 8561 vnriv /17 /uI THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: I - THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH _ ITS DULY AUTHORIZED CITY MANAGER, HERBERT W. WHITNEY, FOR AND IN CONSIDERA- TION OF THE SUM OF ONE HUNDRED DOLLARS ($100) TO IT IN HAND PAID BY W. B. DANSFIELL, HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED, HAS GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS DoE3 GRANT, SELL, AND CONVEY, UPON THE CONDITIONS HEREINAFTER STATED, UNTO THE SAID W. B. DAN3FIELL THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 4 1/v 0. D. GAS PIPELINE ENCASED IN A 6° CONDUIT FOR THE TRANSPORTATION OF GA IN ORDER TO CROSS UNDER FLATO ROAD 197O,FEET SOUTH OF THE SOUTH RIGHT -OF -MAY LINE OF HIGHWAY lilt. TO HAVE AND TO HOLD THE SAME UNTO THE SAID W. B. DANSFIELL, H13 HEIRS, SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE AT ANY _ -AND ALL TIMES TO ENTER UPON THE ABOVE STRIP OF LAND FOR THE PURP03E OF CON- - STRUCTING AND MAINTAINING THE SAID PIPELINE ON SAID STRIP OF LAND, AND IT - 13 FURTHER UNDERSTOOD THAT THE FOREGOING EASEMENT AND RIGHT 13 GRANTED UPON THE FOLLOWING CONDITIONS: - • i (A) 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. - (B) GRANTEE WILL SAVE AND KEEP HARMLESS THE CITY OF CORPUS CHRISTI, TEXAS, FROM ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF THE CON-_ STRUCTION OF SAID GAS PIPELINE, OR THE OPERATION, MAINTENANCE OR EXISTENCE - THEREOF. (C) GRANTEE WILL REPAIR OR CAUSE TO BE REPAIRED ANY DAMAGE TO ANY STREET, STORM SEWER, DRAINAGE FACILITY, CITY WATER LINES, OR GAS LINES, AND ANY CITY SEWERS BY REASON OF THE CONSTRUCTION OF SAID PIPELINE AND THE OPERATION AND MAINTENANCE THEREOF. , (D) ALL RIGHTS GRANTED HEREBY SHALL BE SUBORDINATE TO ALL USES BY THE CITY AND SHALL UPON NOTICE BY THE CITY BE MADE TO CONFORM TO SUCH OTHER USES AS THE CITY MAY MAKE OF SUCH STREET FOR PUBLIC USE. Two (P) MAP3, PLATS AND ENGINEERING DRAWINGS HAVE BEEN FILED IN THE OFFICE OF THE CITY DIRECTOR-OF PUBLIC WORKS SHOWING ALL DETAILS OF INSTALLATION AND CON- STRUCTION, INCLUDING DEPTH OF INSTALLATION PROPOSED TO CONFORM AND COMPLY WITH CITY REQUIREMENTS OF SUCH OFFICE AS TO ENGINEERING SPECIFICATIONS AS FOLLOWS. (1) INSTALL ONE 4 1/2" 0. D. GAS PIPELINE THROUGH A 6" CONDUIT. (2j LINE TO BE LAID BY BORING UNDER RIGHT OF WAY. (3) GRANTEE TO ADJUST OR RELOCATE PIPELINE, IF NECESSARY, FOR CONSTRUCTION OF PUBLIC UTILITIES OR OTHER FACILITIES. (I:) MARKERS OF LINE TO BE FURNISHED AND MAINTAINED AT y EACH SIDE OF FLATO ROAD BY GRANTEE. ,. IN TESTIMONY WHEREOF, THE CITY OF CORPUS CHRISTI TEXAS HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS DAY OF AUGUST, 1967- - -£ ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY HERBERT W. WHITNEY, CITY MANAGER - APPROVED AS TO LEGAL FORM THIS DAY OF AUGUST, 1967: CITY ATTORNEY - THE STATE OF TEXAS j COUNTY OF NUECES j BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WHITNEY, KNOWN TO ME TO BE THE CITY MANAGER OF THE - CITY OF CORPUS CHRISTI, TEXAS, AND THE SAME PERSON WHO SIGNED 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 CONSIDERATIONS THEREIN EXPRESSED. GIVEN UNDER 'MY HAND AND SEAL OF OFFICE THIS THE DAY OF ' AUGUST, A.D., 1967- _ NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS ' - THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE a DAY OF AUGUST, 1967, BY W. B. DANSFIELL, AND SAID W. B. DANSFIELL AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY SAID GRANT AND EASEMENT AND THAT ,X HE IS BOUND BY'ALL OF THE TERMS, OF THE SAME. - - - W. B. DANSFIELL s THE STATE OF TEXAS j COUNTY OF NUECES- BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W, B. DANSFIELL, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB- _ - SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED - THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE TH13 THE DAY OF AUGUST, =A. D., 1967. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS CORPUS CHRIST,Ia TEXAS RP F=_DAY OF J/ , TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL, BE PASSED FINALLY ON THE DATE IT IS INTRODUICED, AND THAT SUCH ORDINANCE OR- <• RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFOP.E, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTROOUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, eAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: r JACK R. BLACKMON RONNIE SIZEMORE _tt_ 'V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN McDANI EL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT _ P. JIMENEZ, JR., tl. D. GABE LOZANO, SR. KEN McDANI EL