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Home My WebLink About08743 ORD - 01/24/1968IMS:JKH:1 -24 -68 AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO NUECES INDUSTRIAL GAS COMPANY, A CORPORA- TION, HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO PLACE A 3 -1/2" O.D. GAS PIPELINE WITHIN THE STREET RIGHT OF WAY OF McMULLEN ROAD, EXTENDING FROM THE SOUTHWEST CORNER OF THE RAND MORGAN TRACT AND EXTEND- ING WESTWARD 800 FEET TO THE CITY LIMITS LINE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AND DELIVER TO NUECES INDUSTRIAL GAS COMPANY, A CORPORATION HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, A REVOCABLE EASEMENT TO PLACE A 3 -1/2" O.D. GAS PIPELINE WITHIN THE STREET RIGHT OF WAY OF MCMULLEN ROAD, EXTENDING FROM THE SOUTHWEST CORNER OF THE RAND MORGAN TRACT AND EXTENDING WESTWARD 800 FEET TO THE CITY LIMITS LINE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN. SECTION 2. THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE AFORESAID PIPELINE AT THE LOCATION ABOVE DESCRIBED 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 RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS 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 ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT IT TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT lf/ / IS ACCORDINGLY SO ORDAINED, THIS THE �,( y^'DAY OF JANUARY, 1968. ATTE Sn cQ ✓zk CI Y ECRE A Y R APPRO ED A LEGAL FORM IS THE CITY OF CORPUS CHRISTI, TEXAS a DAY F, JANUARY, 19 : ITY ATTORINEY REVOCABLE EASEMENT I THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Q THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS AUTHORIZED ACTING CITY MANAGERS R. MARVIN TOWNSEND, FOR AND IN CONSIDERA- TION OF THE SUM OF ONE HUNDRED DOLLARS ($100.00), TO IT IN HAND PAID BY NUECES INDUSTRIAL GAS COMPANY, A TEXAS CORPORATION, ORGANIZED, EXISTING AND DOING BUSINESS UNDER THE LAWS OF THE STATE OF TEXAS AND HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY TEXAS HEREINAFTER REFERRED TO AS "GRANTEE ", THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSEDi HAS GRANTED SOLD AND CONVEYED, AND BY THESE PRESENTS DOES GRANT, SELL AND CONVEY UPON THE CONDITIONS HEREINAFTER STATED UNTO THE NUECES INDUSTRIAL GAS COMPANY THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 3 -1/2" O.D. GAS PIPELINE WITHIN THE STREET RIGHT OF WAY OF MCMULLEN ROAD EXTENDING FROM THE SOUTHWEST I CORNER OF THE RAND MORGAN TRACT AND EXTENDING WESTWARD 800 FEET TO THE CITY LIMITS LINES ALL AS MORE FULLY SET OUTS OR SUBSTANTIALLY IN COMPLIANCE WITH THE PLATS OR DRAWINGS ATTACHED HERETO AND MADE A PART HEREOF FOR MORE COMPLETE DESCRIPTION. TO HAVE AND TO HOLD THE SAME UNTO THE SAID NUECES INDUSTRIAL GAS COMPANY, ITS SUCCESSORS AND ASSIGNS TOGETHER WITH THE RIGHT AND PRIVILEGE UNDER THE CONDITIONS AND TERMS HEREOF AT ANY TIME AND ALL TIMES TO ENTER UPON THE ABOVE PARCEL OR TRACT OF LAND FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE SAID PIPELINE FOR THE GATHERING OF NATURAL GAS AND NATURAL GAS PRODUCTS UNDER SAID STREET RIGHT OF WAY, AND IT IS FURTHER UNDERSTOOD THAT THE FOREGOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CONDITIONS: (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, AND GRANTEE MAY BE REQUIRED TO REMOVE ITS PIPELINE UPON THIRTY (30) DAYS NOTICE IN WRITING. (B) 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 PIPELINE) OR THE OPERATIONS MAINTENANCE OR EXISTENCE THEREOF. (C) GRANTEE WILL REPAIR OR CAUSE TO BE REPAIRED ANY DAMAGE TO ANY UNDERGROUND LINES, WIRES OR PIPES OWNED BY THE CITY OF CORPUS CHRISTI, OR HOLDERS OF ANY FRANCHISE FROM THE CITY, IF SAID DAMAGE RESULTS BY REASON OF THE CONSTRUCTION OF SAID PIPELINE OR THE OPERATION OR MAINTENANCE THEREOF. GRANTEE WILL APPLY TO THE DIRECTOR OF PUBLIC WORKS FOR A PERMIT BEFORE DIS- TURBING ANY PART OF ANY STREET OR SIDEWALK AREA AND PERFORM THE WORK IN ACCORDANCE WITH THE PERMIT AND ALL CITY ORDINANCES APPLICABLE. (D) ALL RIGHTS GRANTED HEREBY SHALL BE SUBORDINATE TO ALL USES BY THE CITY AND SHALL, UPON NOTICE BY THE CITY, CONFORM TO SUCH OTHER USES AS THE CITY MAY MAKE OF SUCH STREET FOR PUBLIC PURPOSES. (E) GRANTEE WILL CAUSE THE PIPELINE TO BE COVERED WITH 30 INCHES OR MORE OF EARTH COVER. (F) GRANTEE WILL ERECT MARKERS AT ALL POINTS WHERE SUCH PIPELINE ENTERS OR LEAVES A STREET. SUCH MARKERS SHALL BE OF IRON AND PLACED AT THE EDGE OF THE PUBLIC RIGHT OF WAY. (G) GRANTEE WILL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPELINE, I ' IS NECESSARY, FOR THE CONSTRUCTION OF ANY PUBLIC UTILITIES OR RAILROAD TRACKS OR CHANGE IN STREET GRADE OR PATTERNS ON THE STREETS OR FOR ANY OTHER REASON OF THE CITY STATED IN WRITING TO GRANTEE, AT THE POINTS ABOVE DESCRIBED. (H) GRANTEE IS EXPRESSLY PROHIBITED FROM THE SALE AND DISTRIBU- TION OF NATURAL GAS TO CONSUMERS, WHETHER INDUSTRIAL, COMMERCIAL OR RESI- DENTIAL, WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI. IN WITNESS WHEREOF, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF JANUARY, 1968. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF JANUARY, 1968: I CITY ATTORNEY CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND ACTING CITY MANAGER THE STATE OF TEXAS Q COUNTY OF NUECES 4 I BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOIr1NSEND, ACTING CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF JANUARY, 1968. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE DAY OF , 1968, BY NUECES INDUSTRIAL GAS 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. NUECES INDUSTRIAL GAS COMPANY BY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED FOR NUECES INDUSTRIAL GAS COMPANY, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID NUECES INDUSTRIAL GAS COMPANY, A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPPESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1968. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS FE F14�, U 1:4,01 9'ARKVIOOD 402 D it N i IL w ry Sp 25 .4 4, fee-jZ4 Lk A Ta 11 L I Z' " W51 CORPUS CHRISTI INTERNATION�L AIRPORT 317 L. ep lord a • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS • CORPUS CHRISTI LAS _4DAY OF 19 (If 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 INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR � THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL lz W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: JACK R. BLACKMON RONNIE SIZEMORE Jp V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS