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Home My WebLink About09896 ORD - 08/19/1970JKH:8 -18-70 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PIPELINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL A 48 -INCH WATER PIPE LINE ACROSS OR ALONG RAILROAD RIGHT OF WAY LOCATED AT MILE POST 147.066, NEAR CORPUS CHRISTI, TEXAS, AS SHOWN ON THE MAP WHICH IS A PART OF SAID LICENSE, 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, TEXAS: •1 SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A PIPELINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL A 48 -INCH WATER PIPE LINE ACROSS OR ALONG RAILROAD RIGHT OF WAY LOCATED AT MILE POST 147.066, NEAR CORPUS CHRISTI, TEXAS, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR PROVIDING ADEQUATE RIGHT OF WAY FOR THE PLACING OF SAID WATER LINE 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 THE SUSPENSION OF SAID CHARTER RULE 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 DAY OF AUGUST, 1970. ATTEST: /,-/--"Vc,- CITY SE RE ARY APPROY,ED: DAY OF AU ST, 1970: AC,YI NG CITY AT 20�Y �I THE CITY OF CORPUS CHRISTI, TEXAS 7 • • a • • • PIPE LINE LICENSE THIS INSTRUMENT, EXECUTED IN DUPLICATE, > 1970, WITNESSETH: \� THE UNDERSIGNED CARRIER HEREBY GRANTS, BUT ON SOLELY THE HEREIN EXPRESSED TERMS AND CONDITIONS, AND THE UNDERSIGNED LICENSEE (A MUNIW PAL CORPORATION), TO BE ADDRESSED AT CITY HALL, CORPUS CHRISTI, TEXAS, 78401, HEREBY ACCEPTS, PERMISSION TO,INSTALL, KEEP, MAINTAIN, REPAIR,RENEW AND USE FOR CONVEYING WATER THE LICENSEES OWN ONE CERTAIN PROPOSED CONTINUOUS LINE OF STEEL PIPE, 48 INCHES IN DIAMETER, AND APPURTENANCES, INCLUDING ONE 72-INCH STEEL 8 -GAGE CASING PIPE, HEREIN CALLED PIPE LINE, ON THE CARRIER'S PROPERTY, HEREIN CALLED PREMISES. PIPE LINE WILL BE USED FOR CONVEYING WATER. PIPE LINE SHALL INTERSECT CARRIERS EXISTING RIGHT OF WAY AT MILE POST 147.066, NUECES COUNTY, TEXAS, NEAR CORPUS CHRISTI, TEXAS. APPROXIMATE LOCATION OF PIPE LINE IS INDICATED BY GREEN LINE ON EXHIBIT A ATTACHED HERETO AS PART HEREOF. 1. LICENSEE SHALL AT ALL TIMES KEEP PIPE LINE IN GOOD STATE OF REPAIR. ALL WORK BY LICENSEE HEREUNDER SHALL BE PERFORMED IN A SAFE AND WORKMANLIKE MANNER. LICENSEE SHALL FURNISH OR DO AT LICENSEES OWN COST AND RESPONSIBILITY ANY AND ALL THINGS AND WHEN AND AS FROM TIME TO TIME REQUIRED TO ACCOMPLISH WHATSOEVER THE LICENSEE ATTEMPTS OR IS BOUND TO DO AT ANY TIME HEREUNDER. LICENSEE SHALL ADJUST PIPE LINE TO ANY PHYSICAL CHANGE AS MADE AT ANY TIME IN ANY OF CARRIER'S PROPERTY; AT ALL TIMES KEEPING UPPER SURFACE OF PIPE LINE AT LEAST FOUR AND ONE -HALF FEET BELOW BOTTOM OF RAIL THEREOVER. LICENSEE SHALL CAUSE PIPE LINE BEFORE BEING USED FOR ANYTHING INFLAMMABLE, TO CONFORM SUBSTANTIALLY TO EXHIBIT B ATTACHED HERETO AS PART HEREOF. SAID THINGS, INCLUDING THE TIME AND MANNER OF DOING ANY WORK, EACH SHALL CONFORM TO THE REQUIREMENTS OF CARRIER AS WELL AS OF ANY STATE, FEDERAL OR MUNICIPAL AUTHORITY. CARRIER MAY ACTING FOR LICENSEE FURNISH OR D02 AND LICENSEE SHALL PAY AND BEAR THE COST OF, ANYTHING WHICH, HEREIN REQUIRED OF LICENSEE AT ANY TIME, EITHER SHALL NOT BE FURNISHED OR DONE WITHIN TEN DAYS FOLLOWING CARRIER'S WRITTEN REQUEST THEREFOR OR SHALL BE UNDERTAKEN BY CARRIER AT LICENSEE'S REQUEST; AND LICENSEE ON REQUEST SHALL IN ADVANCE DEPOSIT WITH CARRIER THE ESTIMATED COST THEREOF. IF DEPOSIT BE LESS THAN ACTUAL COST, LICENSEE SHALL PAY THE DIFFERENCE; IF MORES CARRIER SHALL REPAY DIFFERENCE. LICENSEE WHEN RETURNING THIS LICENSE (SIGNED,), SHALL PAY TO CARRIER FIFTY DOLLARS FOR PREPARING IT. ANY OTHER PAYMENT SHALL BE MADE WITHIN TWENTY DAYS FOLLOWING RECEIPT OF BILL. LICENSEE SHALL PAY COST TO CARRIER FOR ALL LABORS INCLUDING WAGES OF FOREMEN, PLUS 10% TO COVER SUPERVISION AND ACCOUNTINGS PLUS VACATION ALLOWANCES, PAID HOLIDAYS AND HEALTH AND WELFARE BENEFIT PAYMENTS APPLICABLE TO SAID LABORS CARRIERS COST PRICE OF ALL MATERIALS F.O.B. CARRIERS RAILS PLUS 10% TO COVER HANDLING AND ACCOUNTING, PLUS FREIGHT AT TARIFF TO POINT OF USES AND EXCISE TAXES APPLICABLE TO SAID LABOR AND MATERIALS. CARRIER MAY CONNECT WITH AND DISCHARGE SEWAGE INTO PIPE LINE WHILE SERVING AS SEWER. Z. LICENSEE AGREES TO (A) INDEMNIFY AND SAVE HARMLESS THE CARRIER FROM AND AGAINST ALL CLAIMS SUITS DAMAGES COSTS (INCLUDING ATTORNEYS' FEES) LOSSES AND EXPENSES, IN ANY MANNER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE LAYING MAINTENANCES RENEWAL, REPAIRS USES EXISTENCE OR REMOVAL OF PIPE LINES INCLUDING THE BREAKING OF THE SAME OR ANY LEAKAGE THEREFROM AND (B) ASSUME ALL RISK OF LOSS OR DAMAGE TO PIPE LINE AND THE CONTENTS THEREOF REGARDLESS OF HOW CAUSED. 3. TERM HEREOF SHALL BEGIN WITH 1970 AND CONTINUE THEREAFTER UNTIL CONCLUDED (lST) BY EXPIRATION OF THIRTY DAYS FOLLOW- ING SERVING, BY LICENSEE ON CARRIER, OF WRITTEN NOTICE OF INTENTION TO END TERM HEREOF OR (2ND), AT CARRIERS ELECTION WITHOUT FURTHER NOTICE BY EXPIRA- TION OF SIX MONTHS WITHOUT THE PIPE LINE HAVING BEEN INSTALLED OR BY LICENSEE FAILING (A -j) TO CURE ANY DEFAULT OR (A -E) TO SHOW STATUTORY RIGHT TO INSTALL PIPE LINE WITHIN THIRTY DAYS FOLLOWING CARRIERS WRITTEN REQUEST THEREFOR. ANY NOTICE OF CARRIER SHALL BE DEEMED SERVED WHEN DEPOSITED POSTAGE PREPAID IN U. S. MAIL ADDRESSED AS AFORESAID. NOT LATER THAN LAST DAY OF TERM HEREOF LICENSEE SHALL REMOVE PIPE LINE AND RESTORE PREMISES. ANY OF PIPE LINE NOT SO REMOVED SHALL AT CARRIERS ELECTION WITHOUT NOTICE BE DEEMED ABANDONED. COVENANTS HEREIN SHALL INURE TO OR BIND EACH PARTY'S HEIRS, LEGAL REPRESENTA- TIVES, SUCCESSORS AND ASSIGNS; PROVIDED: NO RIGHT OF LICENSEE SHALL BE TRANS- FERRED OR ASSIGNED EITHER VOLUNTARILY OR INVOLUNTARILY EXCEPT BY EXPRESS AGREEMENT ACCEPTABLE TO CARRIER. CARRIER OR LICENSEE MAY WAIVE ANY DEFAULT -9- CITY OF CORPUS CHRISTI uj p(o�O O.N.5TEVENS WATER TREATMENT PLANT, � m / Q / Ro, y o -- ^ _ ® _ MISSOUR, PACIFIC J - 00 161t1� l 1 Q n /Q1 0CATION PLAN O NOTES: SCALE : 1 "- 400' (I.) 48" PIPE TO BE EITHER STEEL OR DUCTILE IRON. (2.) 72 "G/1SING TO BE EITHER REINF. CONC. PIPE CLA35 B OR 10 GA. GALV. CORR. OFFSET LAPPED LINER PLATE., ARMCO OR EQUAL. (31 ENDS OF CASING TO BE SEALED WITH B" BRICK OR CONC. 13ULKHEAD.1 (4.) CASING TO BE INSTALLED BY BORING OR TUNNELING. 19 PIPLUNE STATIONING _._,.t4. _52.1 IrJ 5C) 50 r Ln 3 3; + 0. r - - t-4 i - � 46 "PIPE ., - - - - - -- - - - -- -' '`y -n G �- �30 72 Cp51tJ _ c - w . -- .45 45' _ W - - —�0 I'3 14 6!'616 15 SECTION ALONG PIPE LINE AT STA.7765 +09 SCALES: HOP..= I "= 30' VERT. o I"=10' - PROPOSED CROSSING FOR 48 "WATER LINE M1550'JRI- PACIFIC R.R. MILE POST 147.000 FOR THE CITY OF CORPUS CHRISTI , TEXAS REAGAN 4 MECAUGHAN — EMGINEER5 EXHIBIT A • Corpus Christi, Texas &("day of 19%O TO THE 0EMBERS OF TUE 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. The Charter rule was suspended by the Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dicid'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. 0 Eduardo E. de Ases rol Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore. Respectfully,