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HomeMy WebLinkAbout09282 ORD - 03/19/1969JKH:3-19 -69 TEXAS: 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 CROSS SEDWICK ROAD APPROXIMATELY 2617 FEET EAST OF MANNING ROAD, WITH A 6" GAS PIPELINE, 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 NUECES INDUSTRIAL GAS COMPANY A REVOCABLE EASEMENT TO CROSS UNDER SEDWICK ROAD APPROXIMATELY 2617 FEET EAST OF MANNING ROAD BY DIGGING A TRENCH ACROSS THE ROAD AND INSTALLING ONE 6" GAS PIPE LINE THROUGH A CASING FOR USE IN CONNECTION WITH NUECES INDUSTRIAL GAS COMPANY'S OPERA- TIONS IN THE VICINITY, A COPY OF WHICH EASEMENT 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE PIPELINE CROSSING UNDER SEDWICK ROAD IN CONNECTION WITH NUECES INDUSTRIAL GAS COMPANY'S OPERATIONS IN THE VICINITY 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 RESOLU- TION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND 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 D OF MARCH, 1969. A7 V� ' Q CITY SECRET Y MAYORet0* APPROVED: THE CITY 0 C U CHRISTI, TEXAS DAY OF MARCH, 19 : CITY ATTORNEY 9 22 0 REVOCABLE EASEMENT THE STATE OF TEXAS Q COUNTY OF NUECES Q • THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. NIARVIN TOWNSEND, FOR AND IN CONSIDERA- TION OF THE SUM OF ONE HUNDRED DOLLARS ($100) TO IT IN HAND PAID BY NUECES INDUSTRIAL GAS COMPANY, 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 DOES GRANT, SELL AND CONVEY, UPON THE CONDITIONS HEREINAFTER STATED, UNTO THE SAID NUECES INDUSTRIAL GAS COMPANY THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 6" GAS PIPELINE ENCASED IN A CONDUIT FOR THE TRANSPORTATION OF GAS IN ORDER TO CROSS UNDER SEDWICK ROAD APPROXIMATELY 2617 FEET EAST OF MANNING ROAD. TO HAVE AND TO HOLD THE SAME UNTO THE SAID NUECES INDUSTRIAL GAS COMPANY, ITS ADMINISTRATORS, SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE AT ANY AND ALL TIMES TO ENTER UPON THE ABOVE STRIP OF LAND FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF SAID PIPELINE ON SAID STRIP OF LAND, AND IT IS FURTHER UNDERSTOOD THAT THE FOREGOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CONDITIONS: (A) IT 15 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 CONSTRUCTION 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 .EASON OF THE CONSTRUCTION OF SAID PIPE LINE AND THE OPERATION AND MAINTENANCE THEREOF. (D) ALL RIGHTS GRANTED HEREBY SHALL BE SUBOROINATE 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 (Z) MAPS, PLATS AND ENGINEERING DRAWINGS HAVE BEEN FILED IN THE OFFICE OF THE CITY DIRECTOR OF PUBLIC WORKS SHOWING ALL DETAILS OF IN- STALLATION AND CONSTRUCTION, 114CLUDING DEPTH OF INSTALLATION PROPOSED TO CONFORM AND COMPLY WITH CITY REQUIREMENTS OF SUCH OFFICE AS TO ENGINEER- ING SPECIFICATIONS AS FOLLOWS: (I) INSTALL ONE 6^ O.D. GAS PIPELINE THROUGH A CONDUIT. (Z) LINE TO BE LAID BY DIGGING TRENCH ACROSS SEDWICK ROAD. (3) GRANTEE TO ADJUST OR RELOCATE PIPELINE, IF NECESSARY, FOR CONSTRUCTION OF PUBLIC UTILITIES OR OTHER FACILITIES. `4) MARKERS OF LINE TO BE FURNISHED AND MAINTAINED AT EACH SIDE OF SEDWICK ROAD, BY GRANTEE. IN TESTIMONY WHEREOF, THE CITY OF CORPUS CHRISTI, TEY.AS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF , 1969. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF MARCH, 1969: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, KNOWN TO ME TO BE THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE SAME PERSON WHO SIGNED THE FORE- GOING 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 MARCH, 1969. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT A14D EASEMEN'f IS HEREBY ACCEPTED THIS THE DAY OF , 1969, BY NUECES INDUSTRIAL GAS COMPANY, AND SAID -2- CORPUS CHRISTI ERAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 INTRODUCEDj OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR p60_ja THE CITY OF S 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 W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO' NG VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS