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Home My WebLink About10294 ORD - 06/09/1971JKH:6 =9 -71 TEXAS: AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO NUECES INDUSTRIAL GAS COMPANY TO CROSS NAVIGATION BOULEVARD WITH A 6 1/2" O.D. GAS PIPELINE NEAR AGNES STREET, AND ALONG NAVIGATION BOULEVARD AND AGNES STREET BETk4EEN NAVIGATION AND OMAHA DRIVE AND A CROSSING ACROSS AGNES STREET TO TIE INTO AN EXISTING PIPE LINE NEAR OMAHA DRIVE, ALL AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", 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. THAI 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 NUECES INDUSTRIAL GAS COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 6-1/2" O.D. GAS PIPELINE NEAR AGNES STREET, AND ALONG NAVIGATION BOULEVARD AND AGNES STREET BETWEEN NAVIGATION AND OMAHA DRIVE AND A CROSSING ACROSS AGNES STREET TO TIE INTO A14 EXISTING PIPE LINE NEAR OMAHA DRIVE, ALL AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, UPON THE PAY14ENT 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 114PERATIVE 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 COUNCIL, 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 INTRODUCTIO14 AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECTFFRO14 AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF JUNE, 1971. ATTEST: 4CP CITY SECR.T AIjj � AYOR / THE ISTI, TEXAS APPROVED: DAY OF JU CI ATTORNEY 10294 REVOCABLE EASEMENT THE STATE OF TEXAS Q COUNTY OF NUECES N 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 SEVEN HUNDRED . TWENTY - SEVEN, AND 2,72100- • - --• - _ -- DOLLARS ($727.27 ) TO IT IN HAND PAID BY NUECES INDUSTRIAL GAS COMPANY, SAID FEE TO BE BASED ON CHARGE OF ONE HUNDRED DOLLARS ($100) FOR ONE STREET CROSSING 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 -1 /2" OUTSIDE DIAMETER PIPE NEAR ANGES STREET AND ALONG NAVIGATION BOULEVARD AND AGUES STREET BETWEEN NAVIGATION AND OMAHA DRIVE AND A CROSSING ACROSS AGNES STREET TO TIE INTO AN EXISTING PIPELINE NEAR OMAHA DRIVE, 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. THE CITY WILL INSPCCT AND APPROVE, AFTER CHANGES, IF NECESSARY, THE LINE AFTER PLACEMENT IN ITS DITCH AND BEFORE THE DITCH IS BACKFILLED. TO HAVE AND TO HOLD THE SAME UNTO THE SAID NUECES INDUSTRIAL GAS COMPANY, THEIR 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, TEXAS, 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 PIPELINE, OR THE OPERATION, .MAINTENANCE OR EXISTENCE THEREOF. (C) GRANTEE WILL REPAIR OR CAUSE TO BE REPAIRED ANY DAMAGE TO ANY STREET, SEWER, STORM SEWER, 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 OPERATION 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 (2) MAPS, PLATS AND ENGINEERING DRAWINGS HAVE BEEN FILED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS SHOWING ALL DETAILS OF INSTALLATION AND CONSTRUCTION1 INCLUD- ING DEPTH OF INSTALLATION PROPOSED TO CONFORM AND COMPLY WITH CITY REQUIRE- S MENTS OF SUCH OFFICE AS TO ENGINEERING SPECIFICATIONS AS FOLLOWS: _ (1) 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. (2) LINE IS TO BE LAID BY CUTTING RIGHT OF WAY EXCEPT THAT NO PAVEMENT SHALL-BE CUT. PIPELINE WILL BE COVERED WITH 36 INCHES OR MORE OF EARCH COVER. (3) GRANTEE SHALL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPE- LINE, 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. (9) GRANTEE WILL ERECT MARKERS AT ALL POINTS WHERE SUCH PIPE- LINE ENTERS OR LEAVES A STREET. SUCH.MARKERS SHALL BE OF IRON AIID PLACED AT THE EDGE OF THE PUBLIC RIGHT OF WAY. -2- (5) GRANTEE IS EXPRESSLY PROHIBITED FROM THE SALE AND DISTRIBUTION OF NATURAL GAS TO CONSUMERS, WHETHER INDUSTRIAL, COMMERCIAL OR RESIDENTIAL, WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI. IN WITNESS'4AIEREOF, THE CITY O'F CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF , 1971- CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY R. MARVIN TO'W NSEND CITY MANAGER APP VED: DAY OF 19 CIT ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, KNOWN TO ME TO BE THE CITY 14ANAGER 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 , 1971• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE , 1971, BY NUECES INDUSTRIAL GAS COMPANY, AND SAID NUECES INDUSTRIAL GAS COMPANY 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: NUECES INDUSTRIAL GAS COMPANY SECRETARY BY THE STATE OF TEXAS 4 COUNTY OF NUECES 4 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY all APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSEA AND CON- SIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1971- NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS CC/O��R��P��US CHRISTI, '1(�'TJ'E,XAS' ,, '?Mb DAY OFF/ /' , t9 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, - a O YOR THE CITY OF CO U CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOOWWI.NGr VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH l l lam/ THOMAS V. GONZA LES GABE LOZANO, SR. WLdV J.' HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ LCC.iIJ� REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. CuaO J. HOWARD STARKJti O