HomeMy WebLinkAbout08903 ORD - 06/12/1968k
VMP:6/18/68 i
AN ORDINANCE
AMENDING ORDINANCE 8887 SO AS TO AMEND THE REVOCABLE
EASEMENT GRANTED UNDER SAID ORDINANCE 8887 SO THAT
SAID REVOCABLE EASEMENT TO SOUTHERN PIPELINE CORPORA-
TION AUTHORIZES SAID CORPORATION TO PLACE APPROXIMATELY
4170 FEET OF 12 -311" 0. D. WRAPPED STEEL PIPELINE, FOR
THE TRANSMISSION OF GAS WITHIN THE RIGHT OF WAY OF
' CLARKWOOD ROAD AND CROSSING STREETS WITH CERTAIN POR-
TIONS THEREOF, CASED AS FOLLOWS: 1100' FOR THE CROSSING
OF INTERSTATE HIGHWAY NO. 37; 300' FOR THE CROSSING OF
LEOPARD STREET; 50' FOR THE CROSSING OF McNORTON ROAD;
AND 60' FOR THE CROSSING OF CAROLINE ROAD, AS MORE FULLY
SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO, IN
LIEU OF AND INSTEAD OF THE REVOCABLE EASEMENT AUTHORIZED
UNDER ORDINANCE 8887, AND WHICH NEW REVOCABLE EASEMENT
IS MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE
PROVIDED THEREIN; AND DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO AMEND THE REVOCABLE EASEMENT GRANTED
UNDER THE AUTHORITY OF ORDINANCE 8887 AND SUBSTITUTE FOR SAID REVOCABLE
9 EASEMENT A NEW REVOCABLE EASEMENT IN LIEU THEREOF:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT SECTION 1 OF ORDINANCE 8887 BE AMENDED TO HERE -,+
AFTER READ AS FOLLOWS: '
"SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE
AND DELIVER TO SOUTHERN PIPE LINE CORPORATION, A CORPORATION HAVING ITS
OFFICE IN NUECES COUNTY, TEXAS, A REVOCABLE EASEMENT TO PLACE APPROXIMATELY
11170 FEET OF 123/11 "0. D. WRAPPED STEEL PIPELINE FOR THE TRANSMISSION OF
GAS, WITHIN THE RIGHT OF WAY OF CLARKWOOD ROAD, AND CROSSING STREETS WITH
.y CERTAIN PORTIONS THEREOF, CASED AS FOLLOWS: 40o' FOR THE CROSSING OF INTER-
;{ STATE HIGHWAY NO. 37; 300' FOR THE CROSSING OF LEOPARD STREET; 50' FOR THE
CROSSING OF MCNORTON ROAD; AND 60' FOR THE CROSSING OF CAROLINE ROAD, ALL
AS IS 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
53,
8903
SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND 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 lIX DAY OF JUNE, 1968.
ATTEST:
CIT SECR TA Y MA
APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS
DAY OF JUNE, 1968:
CITY ATTORNE
VMP:2 /1$/68
REVOCABLE EASEMENT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS
.AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, FOR AND IN CONSIDERATION OF
THE SUM OF TO IT IN HAND PAID BY SOUTHERN
PIPE LINE CORPORATION, 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, AND HAVING AN
OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI; NUECES COUNTY, TEXAS, HEREIN-
' AFTER REFERRED TO AS "GRANTEE ", THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED
AND CONFESSED AND IN LIEU OF AND INSTEAD OF THE REVOCABLE EASEMENT HERETO-
FORE GRANTED UNDER AUTHORITY OF ORDINANCE NO. W FOR 3,250', HAS GRANTED,
SOLD AND CONVEYED, AND BY THESE PRESENTS DOES•GRANT, SELL AND CONVEY UPON
THE CONDITIONS HEREINAFTER STATED UNTO THE SOUTHERN PIPE LINE CORPORATION,
THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE APPROXIMATELY
4170 FELT OF 12 -3/4" 0. D. WRAPPED STEEL PIPELINE INCLUDING 4001, CASED,
AT THE CROSSING OF INTERSTATE HIGHWAY ND. 37: 3001, CASED, AT THE CROSSING
OF LEOPARD; 50', CASED AT THE CROSSING OF MCNORTON ROAD; AND 60', CASED AT
THC CROSSING OF CAROLINE ROAD, WITHIN THE RIGHT OF WAY OF, AND ADJACENT TO
THE WEST BOUNDARY LINE OF CLARKWOOD ROAD, ALL AS IS MORE FULLY SET OUT AND
SHOWN ON THE PLATS AND DRAWINGS ATTACHED 'HERETO AND MADE A PART HEREOF FOR
A MORE COMPLETE DESCRIPTION, AND IN SUBSTANTIAL COMPLIANCE THEREWITH.
TO HAVE AND TO HOLD THE SAME UNTO THE SAID SOUTHERN PIPE LINE
CORPORATION, 1T5 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 CONSTRUCT-
ING AND MAINTAINING THE SAID PIPELINE FOR THE TRANSMISSION OF FUEL GAS
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 OPERATION, 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 DISTURBING 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
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. $UCH 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,
IF 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.
-2-
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IN WITNESS 41HEREOF, THE CITY OF CORPUS CHRISTI, TEXAS, HAS
CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF __,1968.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND
CITY MANAGER
APPROVED:
DAY OF ,1968:
CITY ATTORNEY
THE STATE OF TEXAS
COUNTY-OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. MARVIN TC',dNSEND, 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 ,1968.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE
DAY OF ,1968, BY SOUTHERN PIPE LINE CORPORATION,
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.
ATTEST: SOUTHERN PIPE LINE CORPORATION
BY
SECRETARY
THE STATE OF TEXAS I
COUNTY OF NUECES
BEFORE ME; THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED
FOR SOUTHERN PIPE LINE CORPORATION, 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 SOUTHERN PIPE
LINE CORPORATION, A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE .
ACT OF SUCH CORPORATION 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 ,1968. -
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DATA REVISIONS
SOUTHERN PIPELINE CORPORATION
C.IVINEEQING DEPARTMENT
CORPUS CHRISTI. TEXAS
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A
CORPUS CHRISTI, TEXAS
1 � DAY OF
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 COUNCIL; 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,
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE /
V. A. "DICK" BRADLEY, vJR.
P. JIMENEZ, JR., M.D. �•
GABE LOZANO, SR. Y
KEN MCDANIEL /J
W. J. "WRANGLER" ROBERTSr
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
V
RONNIE SIZEMORE /
V. A. "DICK" BRADLEY, J
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR. ✓
KEN MCDANIEL /
W. J. "WRANGLER" ROBERT
Q