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Home My WebLink About12420 ORD - 01/08/1975MLM:e:I /8/75 1st TEXAS: AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO TEJAS GAS CORPORATION TO INSTALL, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 8 -INCH PIPELINE ALONG THE RIGHT - OF -WAY OF 4385 FEET OF CITY STREETS, AS FURTHER DESCRIBED 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 is hereby authorized to execute and deliver, for and on behalf of the City of Corpus Christi, an instrument of revocable easement to Tejas Gas Corporation to lay, construct, operate, maintain, repair and remove one 8 -inch I.D. pipeline along the right -of -way of 4385 feet of City streets, as further described in the revocable easement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", upon payment of the fee provided therein. SECTION 2. The necessity for commencement of construction of the aforesaid pipeline at the location herein 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 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 then y of January, 1975. ATTEST: Ci S creta y APPROVED: 8TH DAY OF JANUARY, 1975: , 41 4V_U�_ — 5g , Ci Plorney (2� - - MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 12420 MLM:e:I /8/75 1st REVOCABLE EASEMENT \ Z D THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES p 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 One Thousand Six Hundred Eighty -three Dollars and Twenty Cents ($1,683.20) to it in hand paid by Tejas Gas Corporation, a Texas corporation, hereinafter referred to as Grantee, the receipt of which is hereby acknow- ledged and confessed, has granted, sold and conveyed, and by these presents does grant, sell and convey, upon the conditions hereinafter stated, unto the said Tejas Gas Corporation the right to lay, construct, operate, maintain and repair one (1) eight inch (8 ") I.D. pipeline along UpRiver Road from the West right -of -way line of McBride Lane in an Easterly direction approximately 4385 feet to a point approximately 2440 feet east of Navigation Boulevard, crossing McBride Lane and Navigation Boulevard, for a total of 4385 lin. ft. of pipeline with two (2) street crossings. TO HAVE AND TO HOLD the same unto the said Tejas Gas Corporation, its successors and assigns, together with the right and privilege at any and all times to enter upon said street right -of -way, for the purpose of constructing and maintaining the said pipeline for transportation of gas and /or petroleum products at said location, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. Said line will carry a maximum pressure of 800 P.S.I. 2. Said line shall be placed in compliance with plans approved by the Director of Engineering & Physical Development of the City of Corpus Christi. The City will inspect the pipeline during construction and approve the line after completion of construction and clean -up, to the satisfaction of the City. (Notify City Petroleum Superintendent, 884 -3011, Ext. 366, and Street Cut Inspector, 854 -3291, 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 sixty (60) days notice in writing. IN WITNESS WHEREOF, the City of Corpus has caused these presents to be executed this the day of , 1974. CITY OF CORPUS CHRISTI ATTEST: City Secretary By R. Marvin Townsend. City Manager APPROVED: day of January, 1975: City Attorney THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, 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 foregoing instrument, and acknowledged to me that he executed the same as the act of the City of Corpus Christi for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of January, 1975. Notary Public in and for Nueces County, Texas. The above GRANT AND EASEMENT is hereby ACCEPTED this the day of , 1975, by Tejas Gas Corporation, a Texas corporation, and said Tejas Gas Corporation 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: TEJAS GAS CORPORATION By Secretary THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared of Tejas Gas Corporation. a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of said corporation and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of 1975. Notary Public in alkl for Nueces County, Texas. 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. 5. Grantee will repair or cause to be repaired any damage to any street, railroad, 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 Engineering & Physical Development of the City of Corpus Christi for a permit before disturb- ing any part of any street or sidewalk area and perform the work in accordance with the permit and all City Ordinances applicable. Grantee will also obtain necessary Texas Highway Department permits within the City limits or other applicable permits. 6. All rights granted hereby shall be subordinate to all uses as the City may make of such property for public purposes. A map 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) The Pipeline is to be placed across all street crossings by boring under the pavement and for at least 10' beyond. Pipeline will be covered with thirty -six (36) inches or more of earth cover at all points including crossing of drainage ditches. (b) Grantee shall adjust or relocate the above described pipe- line during or after installation if necessary for the construction of any existing or proposed public utilities or public facilities, or for any other reason of the City stated in writing to Grantee, at the points above described. (c) Grantee will erect markers stating ownership of the pipeline at all points where such pipeline enters or leaves the City property. Such markers shall be of a durable material and maintained in good condition at all times. 7. Grantee agrees that this easement does not grant it any right to sell or distribute natural gas to consumers, whether industrial, commercial or residential, within the corporate limits of the City of Corpus Christi. Wa 6 Corpus Christi, Texas 0 O 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, MAYOR THE CITY OF CORPUS CHRISTI, 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