The URL can be used to link to this page

Home My WebLink About08868 ORD - 05/22/1968• VMP:5/22/68 • 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 DANOIL COMPANY, INC., A CORPORATION, HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, TO PLACE A 3" PLASTIC PIPELINE TO CARRY SALT WATER FROM AN OIL WELL ON THE CLARKWOOD SCHOOL SITE ALONG EKLUND AVENUE TO THE GARRISON DRAINAGE DITCH, 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, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AND DELIVER TO DANOIL COMPANY, INC., A CORPORATION HAVING ITS OFFICE IN NUECES COUNTY, TEXAS, A REVOCABLE EASEMENT TO PLACE A 3" PLASTIC PIPELINE TO CARRY SALT WATER FROM AN OIL WELL ON THE CLARKWOOD SCHOOL SITE ALONG EKLUND AVENUE TO THE GARRISON DRAINAGE DITCH, A TOTAL DISTANCE OF APPROXI- MATELY 1200 FEET, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF. 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 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 9 9 DAY OF MAY, 1968. ATTEST• C T $ECRER Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 4,1 AY OX MAY, 1968: CITY AT ORNEY lssf)s 770 Ias s5'- 22 -EJ8 . r REVOCAb'LE EA SUIEUT THE STATE OF TEXAS KN%J ALL S >g:N BY THESE PRESENTS: COUNTY OF RUECES THAT THE CITY, OF CORPUS CHRISTI, TEXAS„ ACTING BY AND THROUGH ITS - AUTHOR)ZED ACTING. CITY MANAGER, R. MARVIN TOWNSEND, -FOR AND IN CONSIDERATION '.OF THE SUM OF ONE HUNDRED FIFTY DOLLARS (;1150.00), TO IT IN HAND PAID DY DANOIL COMPANY, 'ANC., A TEXAS CORPORATION, ORGANIZED, EXISTING AND DOING, BUSINESS UNDER THE LAUD OF THE STATE OF TEXAS, AND HAVING AN OFFICE AND .PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, - TEXAS, HEREINAFTER REFERRED TO AS "GRANTEE ", THE RECEIPT OF WMICH 13 HERESY ACKNOWLEDGED AND -CONFESSED, HAS GRANTED, SOLD AND CONVEYED, AND BY THESE PRESENTS DOES GRANT, .SELL AND CONVEY UPON THE CONDITIONS HEREINAFTER STATED UNTO THE DANOIL COMPANY, INC. THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND, :REMOVE ONE 3" PLASTIC PIPELINE WITHIN THE STREET RIGHT OF WAY OF EKLUND AVENUE EXTENDING FROM THE CLARKWOOD. SCHOOL SITE EASTWARD A DISTANCE OF APPROXIMATELY 12W FEET,- ALL AS MORE FULLY SET OUT, OR SUO— - STANTIALLY IN COMPLIANCE WITH THE PLATS OR DRAWINGS ATTACHED HERETO AND - MADE A PART HEREOF FOR MORE COMPLETE DESCRIPTION. TO HAVE AND TO HOLD THE SAME UNTO THE SAID DANOi4 COMPANY, INC., ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE UNDER THE CONDITIONS AND TERMS HEREOF, AT ANY TIME AND ALL - TIMESTO ENTER UPON THE ABOVE PARCEL On TRACT OF LAND FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE SAID PIPELINE FOR THE PURPOSE OF TRANSPORTING SALT WATER UIJDER -SAID STREET RIGHT OF WAY, AND IT IS FURTHER UNDERSTOOD THAT THE FORE- . -GOING EASEMENT AND RIGHT 13 GRANTED UPON THE FOLLOWING CONDITIONS$ ± (A) IT IS UNDERSTOOD AND AGREED THAT THE RIGHT AND EASEMENT HEREIN GRANTED MAY UE 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. `Bj GRANTCF. 14ILL SAVE AND KEEP HARMLESS TIME CITY OF CORPUS CHRISTI, TEXAS, FROM ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF THE CONSTRUCTION - L OF SAID PIPELINC, OR THE OPEi$ATION, MAINTENANCE OR EXISTENCE THEREOF. (C) GRANTEE WILL RIPAIR OR CAUSE TO BE REPAIRCD ANY DAMAGE TO ANY UiJOERGROUND LINES, WIREZ On PIPCS OWNCO BY THE CITY OF CORPUS CHRISTI, OR HOLDERS OF ANY FRANCHISE ROM THE CITY, IF SAID DAMAaE RESULTS BY RCASON OF THE CONSTRUCTION OF SAID PPCLINE OR THE OPERATION OR MAINTENANCE THEREOF. GRANTEE WILL APPLY TO THE DI ECTOR OF PUBLIC WORICS FOR A PERMIT BEFORE DIS+ TUROING ANY PART OF ANY STR ET ON SIDEWALK AREA AND PERFORM TIDE WORIC IN ACCORDANCE WITH THE PEIINIT A14D ALL CITY ORDINANCES APPLICABLE. (D) ALL RI:.HTS .RA TED HEREBY SHALL BE SU09RDINATC TO ALL USES BY THE CITY AND SNALL, UPON NOTICE BY THE CITY, CONFORM TO SUCH OTHER USED AS THE CITY MAY f -lAiSE OF SUC STREET FOR PUBLIC PURPOSES. (E) GRANTEE WILL CAUSE THE PIPELINE TO BE COVERED WITH 30 INCHES OR MORE OF EARTO COVER. `F) GRANTEE WILL ERECT MARKERS AT ALL POINTS WHERE SUCH PIPELINE - ENTERS OR LEAVES A STREET. 5UCII MARKERS SHALL DE OF IRON AND PLACED AT THE COvE OF THE PUBLIC RIQIIT OF WAY. (G) GRANTEE WILL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPELINE,, IS NECESSARY, FOR THE CONST CTION OF ANY PUBLIC UTILITIES OR RAILROAD TRACKS OR CHANGE IN STREET C RADE OR PATTERtiS ON THE STRECTS OR FOR ANY OTHER REASON OF THE CITY STATED IN WRITING TO GRANTEE, AT THE POINTS ABOVC DESCRIBED. (H) GRANTEE IS EX RESSLY PROIJIDITED FROM TIIE SALE AND DISTRIBU- TION OF NATURAL GAS TO CONS MERS, WHETHER INDUSTRIAL, CGIIi4LRC1AL OR RESI+ DENTIAL, WITHIN THE CORPORA E LIMITS OF TIDE CITY OF CORPUS CHRISTI. IN WITNESS MIEREO , THE CITY OF CORPUS CHRISTI TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUT O THIS THE DAY OF MAY, 119A ATTEST; CITY OF CORPUS CHRISTI I CITY SECRETARY uY 1�. %AACiV IfJ T9WNSEND CITY MANA0CR APPROVED DAY OF MAY, 1966: ITY ATTORNEY THE STATE OF TEXAS COUNTY Or NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY,, ON THIS DAY PERSONALLY APPEARED R*: %RVIN TOASEND,,CITY MANAGER. or 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 OECD OF SAID CITY or CORPUS CHRISTI FOR,THE PURPOSES AND CONSIDERATION ,,THERE.(N.EXPRESSED AND IN THE; CAPACITY THEREIN STATED.- - GIVEN UNDER, LAY HAND AND SEAL. OF OFFICE, THIS THE DAY Of MAYs „i• 1q' NOTARY PUSLIC IN AND FOR NU6CES. COUNTY, TEXAS THE ABOVE GRANT AND CASEMENT. IS. HERESY ACCEPTED THIS THE - DAY OF __ - -- 1968,: 8Y DANDit.CONPANY, INC._ - AND SAID CORPORATION AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY SAID GRANT . -'.AND CASEMENT. AND THAT IT IS BOUND BY ALL OF THE TERMS OF THE SAME.' DANOIL CCM'S°ANYr INC. BY THE STATE OF TEXAS COUNTY OF NIECES ' BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ' FOR DANOIL COMPANY,, INC- .,.KNOWN -TO ME TO BE THE PERSON AND OFFICER W140SE� NAME 15 SUBSCR18ED.TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE -- ACT:OF THE SAID NUEC£S INDUSTRIAL GAS COMPANY, - A CORPORATION, AND THAT FIE EXECUTED THE SAIIE Aq THE ACT OF SUCH CORPORATION FOR THE PURP08ES -AND CONSIDERATION THEREIN EXPRESSED AND II4LTHE CAPACITY - °THEREIN STATED. - - -_ - - GIVEN UNDER W HAND AND SEAL, OF OFFICE, THIS THE DAY {OF NOTARY - PUDLICIN AND FOR NuecES COUNTY, .TEXAS - ull I—, 4r- 56 .�f `y 1 � 11 -- 19 sf pRsi stele- !D® "1"2 S, Ac- 6p Com P, ,, 'D) ;:",Ic0 b '14ta.av, cor., 'ridwee'i a Lad cevrs, c I CORPUS CHRISTI, TEXAS A2-- DAY OF �, j9 _�z 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 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS i, 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, A-IJ a �t lo R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES JACK R. BLACKMON Aye - RONNIE SIZEMORE Aye V. A. "DICK" BRADLEY, JR. Aye P. JIMENEZ, JR., M.D. Aye GABE LOZANO, SR. Aye KEN MCDANIEL Aye W. J. "WRANGLER" ROBERTS Aye THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES JACK R. BLACKMON Aye RONNIE SIZEMORE Aye V. A. "DICK" BRADLEY, JR. Aye P. JIMENEZ, JR., M.D. Aye GABE LOZANO,_ SR. Aye KEN MCDANIEL _ Aye W. J. "WRANGLER" ROBERTS Aye