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Home My WebLink About12328 ORD - 10/16/1974JRR:VMR:10- 16- 711p1ST • TEXAS: AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO HEWIT S. FOX, INC. TO INSTALL t CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 4" NATURAL GAS PIPELINE ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 111E EXPRESSWAY AND WITHIN THE CORPUS CHRISTI INTERNATIONAL AIRPORT PROPERTY, ALL AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", 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 15 HEREBY AUTHORIZED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN INSTRUMENT OF REVOCABLE EASEMENT TO HEWIT B. FOX, INC. TO INSTALL, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 4" NATURAL GAS PIPELINE ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 44 EXPRESSWAY AND WITHIN THE CORPUS CHRISTI INTERNATIONAL AIRPORT PROPERTY, AS MORE FULLY SET OUT IN THE REVO- CABLE EASEMENT AND PLAT SHOWING THE LOCATIONS, ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", 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 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THEDAY OF OCTOBER, 1974. ATTEST: TY SECRETARY MA R '-AE CITY OF CORPUS C STI, TEXAS APPt.DAY OF OCTOBER, 1974: fe mi" CITY A 12328 � TTORNEY El REVOCABLE EASEMENT THE STATE OF TEXAS ) 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 consideration of the sum of Three hundred eighty six Dollars ($386.00) to it in hand paid by Hewit B. Fox, Inc., hereinafter referred to as GRANTEE, said fee to be based on a charge of twenty cents (204) per foot of pipeline placed within city property, 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 herein- after stated, unto the said Hewit B. Fox, Inc., the right to lay, construct, operate, maintain, repair and remove one (1) 4" natural gas pipeline across property owned by the City of Corpus Christi and described as follows: Being a 15 foot wide strip of land for pipeline easement out of Block 21, J. C. Russell Farm Blocks as shown by Map of record in Volume 3, Page 53, Map Records, Nueces County Texas, said strip of land being described as abutting Agnes Street (State Highway #44) from a point approximately 360 feet east of the centerline of Joe Miruer Road (F.M. Highway 763) to a point approximately 1660 feet west of the centerline of Joe Mireur Road (F.M. Highway 763). TO HAVE AND TO HOLD the same unto the said Hewitt B. Fox, Inc., 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 oil at said loca- tion, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. The 4" line will carry a maximum pressure of 1000 PSI. 2. Said lines shall be placed substantially in compliance with the plat attached hereto and made a part hereof. The City will inspect and approve the line after placement in the ditch and before ditch is backfilled. (Notify City Petroleum Supt. for inspection). 3. It is understood and agreed that the right and easement herein granted may be revoked at any time by the City of Corpus Christi, and Grantee may be required to remove the aforesaid pipeline upon thirty (30) days notice in writing. • 4. Grantee will save and keep harmless the City of Corpus Christi, from any and all claims for liability by reason of the construction of said pipeline, or the operation, maintenance or existence thereof. S. Grantee will repair or cause to be repaired any damage to any street, sewer, storm sewer, drainage facility, underground lines, wires, pipes, or other facilities owned by the City of Corpus Christi or holders of any franchise or permit from the City, by reason of the construction of said pipeline and the operation and maintenance thereof. Grantee will apply to the Director of Engineering & Physical Development 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 appli- cable. 6. All rights granted hereby shall be subordinate to all uses as the City may make of such property for public purposes. Maps, plats and engineering drawings have been filed in the office of the Director of Engineering & Physical Development showing all details of installation and construction, including depth of installation proposed, to conform and comply with City requirements of such office as to engineering specifications as follows: (a) Line is to be laid by cutting an open trench. Pipeline will be covered with thirty -six (36) inches or more of earth cover. The street crossing shall be made by boring under the }pavement and for 10' either side and placing casing for the full right -of -way width., (b) Grantee shall adjust or relocate the above described pipeline, if necessary for the construction of any public utilities or railroad tracks or public facilities or for any other reason of the City stated in writing to Grantee. (c) Grantee will erect markers stating ownership of the pipe line, at all points where such pipeline enter or leave the City property and at each side of the road crossing. Such markers shall be of a durable material and maintained in good condition at all times. 7. Grantee is expressly prohibited from the sale and distribution of natural gas to consumers, whether industrial, commercial or residental, within 2. the corporate limits of the City of Corpus Christi. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 1974. ATTEST: City Secretary CITY OF CORPUS CHRISTI By: R. Marvin Townsend, City Manager APPROVED: O 'I! DAY OF 1974 I City Attorney 3. Q� ti 0 OF WAY 221 5,C z 0 c -L- Z� DRfE OPT 8 jp4 o DEPT. OF ENGINEERING AND PHYEl'."L Ilk gav/h .9/ /,IVY. e a. 1-y Per moire Oi /Ca. Pile /tee 1121�oelzl;& --5,wl • jz------------- -40 ga I Corpus Christi, Texas day of 19 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, MAY CITY OF CORPUS CHR I, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev.'Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark