The URL can be used to link to this page

Home My WebLink About10070 ORD - 01/13/1971JKH:1 -12 -71 TEXAS: AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO KELLY BELL OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 2 -1/2" GAS LINE ALONG THE RIGHT OF WAY OF NAVIGATION BOULEVARD BETWEEN BEAR LANE AND HIGHWAY 44, 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN INSTRUMENT OF REVOCABLE EASEMENT TO KELLY BELL OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 2 -1/9" GAS PIPELINE ALONG AND ACROSS NAVIGATION BOULEVARD, GENERALLY BETWEEN HIGHWAY 44 AND BEAR LANE, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT AND PLAT SHOWING THE LOCATIONS, 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 LOCATIONS 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 BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY ;OUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION Of THE 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 13TH DAY OF JANU ATTES 7 CITY SECRETARY APPROVED: 3 /- DAY OF JANUARY, 1971: CIfY ATTORNEY ARY, 1971: MAYOR pro Tem / THE CITY OF CORPUS RI , TEXAS JL0070 REVOCABLE EASEMENT THE STATE OF TEXAS Q COUNTY OF NUECES THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, FOR AND IN CONSIDERA- TION OF THE SUM OF ONE THOUSAND ONE HUNDRED THIRTY -SEVEN AND 50/100 DOLLARS ($1137.50) TO IT IN HAND PAID BY KELLY BELL, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID FEE TO BE BASED ON CHARGE OF ONE HUNDRED DOLLARS ($100) FOR ONE STREET CROSSING AND A STREET USE FEE OF TEN CENTS PER FOOT OF LINE PER DIAMETER, OR 4,150 FEET OF 2 -1/2" PIPE TIMES 10¢, FOR A TOTAL OF $1,137.501 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 KELLY BELL THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 2 -1/2" GAS PIPELINE ALONG THE RIGHT OF WAY OF NAVIGATION BOULEVARD, FROM THE LOCATION OF THE KELLY BELL - SECHRIST HALL PROFIT SHARING TRUST WELL TO THE POINT AT WHICH THE PIPELINE FROM THE KELLY BELL BALDWIN FARMS, INC. °G" WELL CROSSES NAVIGATION BOULEVARD, THENCE CROSSING UNDER NAVIGATION BOULEVARD TO THE KELLY BELL -J. R. LOCKE GAS UNIT TANK BATTERY FACILITY, SAID CROSSING TO BE BORED AND SAID LINE TO BE CASED, AND TWO -INCH VENT PIPES TO BE INSTALLED ON EACH EDGE OF THE CROSSING, SAID CROSSING TO BE AS MORE FULLY SET OUT, OR SUBSTANTIALLY IN COMPLIANCE WITH THE PLAT ATTACHED HERETO AND MADE A PART HEREOF. A 750,000 BTU DUAL PASS HEATER WILL BE LOCATED AT THE WELLSITE WHICH WILL REDUCE THE WELLHEAD PRESSURE TO A r LINE PRESSURE OF NOT MORE THAN 950 PSI BEFORE IT LEAVES THE WELL LOCATION; FOUR (4) BACK PRESSURE VALVES WILL BE PLACED IN THE LINE AS FOLLOWS: ONE (1) WELDED VALVE WILL BE INSTALLED WHERE THE LINE LEAVES THE WELLSITE LOCATION AND ENTERS THE RIGHT OF WAY OF NAVIGATION BOULEVARD; ONE (1) WELDED VALVE TO BE INSTALLED WHERE THE LINE CROSSES NAVIGATION BOULEVARD; TWO (2) FLANGED VALVES AT INTERMEDIATE LOCATIONS IN THE LINE ALONG NAVIGATION BOULEVARD; AND THE EASEMENT WILL HAVE A L)NE PRESSURE LIMITA- /-/-C TION OF 950 POUNDS PSI. THE CITY WILL INSPLICT AND APPROVE ^ HE LINE AFTER PLACEMENT IN ITS DITCH AND BEFORE THE DITCH IS BACKFILLED. TO HAVE AND TO HOLD THE SAME UNTO THE SAID KELLY BELL, HIS HEIRS, 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 CONSTRUCTING AND MAINTAINING THE SAID PIPELINE FOR TRANSPORTATION OF GAS AND/OR OTHER HYDROCARBONS AT SAID LOCATION, AND IT IS FURTHER UNDER- STOOD THAT THE FOREGOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CONDITIONS'AND TERMS: (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 TEXASX AND GRANTEE MAY BE REQUIRED TO REMOVE THE AFORESAID 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 PIPELINES OR THE OPERATION, MAINTENANCE OR EXISTENCE THEREOF. (C) GRANTEE WILL REPAIR OR CAUSE TO BE REPAIRED ANY DAMAGE TO ANY STREET, SEWER, STORM SEWERS DRAINAGE FACILITY UNDERGROUND LINES WIRES OR PIPES OWNED BY THE CITY OF CORPUS CHRISTI OR HOLDERS OF ANY FRANCHISE FROM THE CITY BY REASON OF THE CONSTRUCTION OF SAID PIPELINE AND THE OPERA- TION AND 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. TWO (Z) MAPS PLATS AND ENGINEERING DRAWINGS HAVEIEEN FILED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS SHOWING ALL DETAILS OF INSTALLATION AND CON- STRUCTION, INCLUDING DEPTH OF INSTALLATION PROPOSED TO CONFORM AND COMPLY WITH CITY REQUIREMENTS OF SUCH OFFICE AS TO ENGINEERING SPECIFICATIONS AS FOLLOWS: (I) LINE WILL BE CASED AS SHOWN ON THE PLAT ATTACHED HERETO, SAID CASING TO EXTEND 10 FEET BEYOND EACH EDGE OF THE PAVEMENT. THE STREET SHALL NOT BE CLOSED TO ALL TRAFFIC AT ANY TIME. GRANTEE SHALL PROVIDE FOR THROUGH TRAFFIC AT ALL TIMES. (Z) LINE IS TO BE LAID BY CUTTING RIGHT OF WAY. PIPELINE WILL BE COVERED WITH. 36 INCHES OR MORE OF EARTH COVER. (3) GRANTEE SHALL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPE- LINES IF NECESSARY FOR THE CONSTRUCTION OF ANY PUBLIC UTILITIES OR RAILROAD -2- 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 DESCR'I'BED. (4) GRANTEE WILL ERECT MARKERS AT ALL POINTS WHERE SUCH PIPE- LINE ENTERS OR LEAVES A STREET. SUCH MARKERS SHALL BE OF IRON AND PLACED AT THE EDGE OF THE PUBLIC RIGHT OF WAY. (5) GRANTEE IS EXPRESSLY PROHIBITED FROM THE SALE AND DISTRI- BUTION OF NATURAL GAS TO CONSUMERS, WHETHER INDUSTRIAL, COMMERCIAL OR RESIDENTIAL, 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, 1971. ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY APPROVED: OAY OF 1'&"' , Y, 1971: CI Y ATTORNEY THE STATE OF TEXAS 0 COUNTY OF NUECES 1 BY R. MARVIN TOWNSEND CITY MANAGER BEFORE NE, 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 JANUARY, 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE DAY OF , 1971, BY KELLY BELL, AND SAID KELLY BELL AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY SAID GRANT AND EASEMENT AND THAT HE IS BOUND BY ALL OF THE TERMS OF THE SAME. KELLY BELL THE STATE OF TEXAS COUNTY OF NUECES j BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY -3- Corpus Christi, Texas / Zjday of , 19 7/ ,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 The Charter rule was suspended by the following vote- Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol owing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore