HomeMy WebLinkAbout10294 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