HomeMy WebLinkAbout14406 ORD - 08/02/1978Dkh:8 -1 -78; 1st
AN ORDINANCE
'AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY GRANTING
THE CITY THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAIN-
TAIN, AND OPERATE A 6 -INCH SANITARY SEWER LINE CROSSING '
THE CENTER LINE OF SOUTHERN PACIFIC TRANSPORTATION
COMPANY'S RAILROAD TRACKS AT ENGINEER'S STATION 4624 +45,
MILE POST 148.54, IN THE NORTH MESQUITE - HIRSCH STREET
AREA, ALL AS MORE FULLY SET FORTH IN THE INDENTURE,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND,MJIDE
A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute an agreement with Southern Pacific Transportation Company granting
the City the right to construct, reconstruct, maintain, and operate a 6 -inch
sanitary sewer line crossing the center line of Southern Pacific Transporta-
tion Company's railroad tracks at Engineer's Station 4624 +45, Mile Post
148.54, in the North Mesquite_ Hirsch Street area, all as more fully set
forth in the Indenture, a substantial copy of which is attached hereto and
made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to authorize execution of the aforesaid
agreement at the earliest practicable date in order that the said six -inch
sanitary sewer line may be installed as 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 that such emergency and necessity 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 fullforce and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this
the �7tc( day of August, 1978.
ATTEST:
Cit Secretar
APPROVED: % 7e
J. BRU�AY SOCK T ORNEY
S
MAYOR -
TH CIT ORPUS CHRISTI, TEXAS nnpp
p
144®6
S,�v �� NP 11
�ti.
*DING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name
Street
Address
St t L
State
Zip
[RAF - VI - 2/27/78]
SPACE ABOVE THIS LINE FOR RECORDERS USE
i
sfz�6
AUDIT No ..................... MIS: TSN- 148.54 X(N)
AUDIT NO.
THIS IND , made this day of _,1 1978,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation
of the State of Delaware, herein termed "Railroad ", and CITY OF CORPUS
CHRISTI, a municipal corporation of the State of Texas, address:
p. 0. Box 9277, Corpus Christi, Texas 78404, herein termed "Grantee ";
NiTNESSETH:
1. That Railroad hereby grants to Grantee, subject to the reserva
tions, covenants and conditions herein contained, the right to con-
struct, reconstruct, maintain and operate a six (6) inch sanitary sewer
line, hereinafter termed "structure ", in, upon, along, across and be-
neath the property and tracks of Railroad, at or near Corpus Cbristi,
in the County of Nueces, State of Texas, crossing the center line of
said tracks at Engineer's Station 4624 +45, Mile Post 148;54, in the
location shown on the print of Railroad's Houston Division Drawing
No. 77 -0597, Sheet No. 1, dated December 203 1977, attached and made a
part hereof.
Said structure shall be installed in accordance with minimum
requirements of Form C. S. 1741, also attached and made a part hereof.
-I-
Octob 975 ,• ., •
2. Project markers in form and size satisfactory to Railroad,
identifying the facility and its owner, will be installed and
constantly maintained by and at the expense of Grantee at Railroad
property lines or such locations as Railroad shall approve.' Such
markers shall be relocated or removed upon request of Railroad with-
out expense to Railroad.
Absence of markers does not constitute a warranty by Railroad
of no subsurface installations.
3. -This grant is made subject and subordinate to the prior
and continuing right and obligation of Railroad, its successors and
and assigns, to use all the property described herein in the perform-
ance of its duty as a common carrier, and there is reserved unto
Railroad, its successors and assigns, the right (consistent with the
rights herein granted) to construct, reconstruct, maintain and use
existing and future railroad tracks, facilities and appurtenances
and existing and future transportation, communication and pipeline
facilities and appurtenances in, upon, over, under, across and along
said property.
4. This grant is made subject to all licenses, leases, ease -'
ments, restrictions, conditions, covenants, encumbrances, liens and
claims of title which may affect said property and the word "grant ",
as used herein, shall not be construed as a covenant against the
existence of any thereof.
5. The rights herein granted to Grantee shall lapse and become
void if the construction of said structure upon said property is not
commenced within one (1) year from the date first herein written.
6. Grantee shall bear the entire cost and expense of constructing,
reconstructing and maintaining said structure upon said property.
Grantee agrees that all work upon or in connection with said structure
shall be done at such times and in such manner as not to interfere in
any-way whatsoever-witb the operations- of.Railroad. The plans for and
the construction or reconstruction of said structure shall be subject
to the approval of Railroad. Grantee agrees to give Railroad five (5)
days' written notice prior to commencement of any work of construction
or reconstruction.
Grantee agrees to reimburse Railroad for the cost and expense to
Railroad of furnishing any materials or performing any labor in connec-
tion with the construction, reconstruction, maintenance and removal of
said structure, including, but not limited to, the installation and
removal of such falsework and other protection beneath or along Rail-
road's tracks, and the furnishing of such watchmen, flagmen and inspec-
tors as Railroad deems necessary.
7. In the event Railroad shall at' any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or make
changes in the location thereof upon receipt of written notice from
Railroad so to do.
-2-
976 , ' •
r•
8. In the event of leakage or spillage from_said structure,
Grantee shall, at its own expense, promptly clean Railroad's
premises to the satisfaction of Railroad, the Environmental Pro-
tection Agency and /or any public body having jurisdiction in the
matter. Any expense or required compliance with federal, state
or local environmental regulations incurred by Railroad or Grantee
shall be borne by Grantee, including any fines and judgments levied
against Railroad or its property.
9. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be levied by order
of any authorized lawful body against the property of Railroad (and
which may have been paid by Railroad) to defray any part of the cost
or expense incurred in connection with the construction of said
structure upon said property commenced within one (1) year from the
date first herein written.
10. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
Grantee agrees to keep said property and said structure in good and*
safe condition, free from waste, so far as affected by Grantee's
operations, to the satisfaction of Railroad. If Grantee fails to
keep said property and said structure in a good and safe condition,
free from waste, then Railroad may perform the necessary work at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
11. In the event any work upon or in connection with said
structure or its appurtenances, to be done upon or adjacent to the
tracks and property of Railroad, should be let to a contractor by
Grantee, such work shall not be begun until such contractor shall
have first entered into an agreement with Railroad, satisfactory to
Railroad, and indemnifying Railroad from and against all claims,
liability, cost and expense growing out of the performance of 'the
work to be done by such contractor.
Such contractor shall furnish, at the option of and without ex-
pense to Railroad, a reliable surety bond in an amount and in a form
satisfactory to Railroad guaranteeing the faithful performance of all
the terms, covenants and conditions contained in said agreement.
12. Grantee shall assume all risk of damage to said structure
and appurtenances and to any other property of Grantee, or any prop-
erty under the control or custody of Grantee while upon or near the
property of Railroad incident to the construction or maintenance of
said structure caused by or contributed to in any way by the construc-
tion, operation, maintenance or presence of Railroad's line of railroad
at the above - mentioned location.
-3-
a aNtt: V1' l.A1,11•VIQJIA ) SS.
City and County of San Francisco�jJ�,), , I
01 this day of �' 4AX- '] in the year 'One Thousand
Nine I {wulred an eventy Light, c •ore me, )0:1ALll L. LLZIiR (One
Narket Plaza), a Notary Public in and for the City and County of
San Francisco, State of California, personally appeared L. 1). Blake,
',known to me to be the Manager, Contract Department, of the corpora-
' tion described in and that executed the within instrument, and
i alsoToiown to me to be the person who executed it on behalf of the
corporation therein named and 11e acknowledged to me that such
corporation_ executed the same.
PRINCIPAL PLACE OF BUSINESS IN
�:2'�,.✓ CITY AND COUNTY OF.
SAN FRANCISCO
My Commisnion Fxplres June 13, 1979
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official
seal at my office in the City and County
of San Francisco, the day and year in
this certificate first above written.
j" 04V 1 149
otary Pu lic in anc o reCity an County of San Francisco, of
California.
Oc,714ober 1;976
Insofar as it lawfully may, Grantee agrees to indemnify and
save harmless Railroad, its officers, employees, agents, successors
and assigns, from all claims, liability, cost and expense howsoever
same may be caused, including reasonable attorney fees, for loss of
or damage to property and for injuries to or death of persons arising
out of the construction, reconstruction, maintenance, presence, use
or removal of said structure, regardless of any negligence or alleged
negligence on the part of Railroad employees.
The word "Railroad ", as used in this section, shall be construed
to include, in addition to Railroad, the successors, assigns and
affiliated companies of Railroad and any other railroad company that
may be lawfully operating upon and over the tracks crossing said
structure, and the officers and employees thereof.
_ 13. Should Grantee, its successors or assigns, at any time
abandon the use of said property, or any part thereof, or fail at any
time to use the same for the - purpose contemplated herein for--a contin-
uous period of one (1) year, the right hereby given shall cease to the
extent of the use so abandoned or discontinued, and Railroad shall at
once have the right, in addition to, but not in, qualification of, the
rights bereinabove reserved, to resume exclusive possession of said
property or the part thereof the use of which is so discontinued or
abandoned.
Upon termination of the rights and privileges hereby granted;_,,
;Grantee, at its own cost and expense, agrees to remove said structure
from said property and restore said property as nearly as practicable
�r to the same state and condition in which it existed prior to the
construction of said structure. Should Grantee in such event fail;
Y neglect or refuse to remove said structure and restore said property,
such removal and restoration may be performed by Railroad, at the
p expense of Grantee, which expense Grantee agrees to pay to Railroad
"upon demand; or Railroad may, at its option, assume ownership of said
structure.
•, 14. This indenture shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN-PACIFIC/TRANSPORTATION CITY OF CORPUS CHRISTI,
V
COMPANY,,
By `
(Title) a 11 etit act Oep� 7
Attest:
Assistant S c thry
n7.— -
-4-
By.
City Manager
By
Attest: City Secretary
•
APPROVED AS TO LEGAL FORM THIS y�
day of , 19
S�•City Attorne
THE STATE OF TEXAS
COUNTY OF NUECES
EEFORE ME, the undersigned authority on this day personally appeared R.
Marvin Townsend, City Manager of the CITY OF CORPUS CHRISTI, TEXAS, a municipal
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
as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and considera-
tion therein expressed and in the capacity therein-stated. —
1
Given under my hand and seal of office this day of
19
Notary Public in and for Nueces County, Texas
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f U rl�i PROPOSED 611 SANITARY SEWER LINE
G <:�: < =A a+; 'f ~1 CROSSING TO SERVE THE CITY OF
„ I i i CORPUS CHRISTI.
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V• HOUSTON, TXAS A
f U rl�i PROPOSED 611 SANITARY SEWER LINE
G <:�: < =A a+; 'f ~1 CROSSING TO SERVE THE CITY OF
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• o, ' I CORPUS CHRISTI, TEXAS
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a
ate.
No %: for pipe lines carrying Main Track
Nommob /e substances ar Siding
see CS 1742
O h2 8 3• -0 "Min. ifao casing
Pipe w Cas /rig Pipe r -Sea/ /See Casing Sole N07/
Pipe Line I
Carrier Pipe
PIPE IN EMBANKMENT (See G
RULES COVERNINO THE INSTALLATION Of PIPE LINES TRANSMITTING
WATER 0R OTHER NON-FLAA(4(.4RLE SUBSTANCES WHEN CROSSING
ONOER TRACKS:
GENERAL
/ Outance H f-orq bo on of tie to fop ofpipe, cosay or caw" encasement shut/
not be less than 3 -0 (See exception m Gmerol Note 3.)
2 Any pipe lines crossing on), hock do nol regmre a cosihq provided the corr/er
pipe is of sulfeient st aigth to support the hack and has walerligM pints For sorb
pipe bees, casing lighter than specified to table for supporting frock may be
used for mslo /brig pipe, provided the space between carrier pipe and casing is
bockfill with grout av sand
If comer pipe does not have sufficient strength /o support /rock, casing or
concrete encasement must be installed Length of casing measured of Hr. angles
M track shall extend each side of center me of trock five feet pus The vertical
distance from bottom of lie to lop of casing or mcasenXIII but riot less than /m
feel, except that where casing is Installed through rah /rood embankmed it shall
ex /end beyond slope of embankmenl.
3 When practicable, casings and corner pipes may be Installed by the lacking or
Loring methods. It these methods are used the minimum depth from babom
of lie to top of pipe or bore must be 3=0"or one pipe diameter, whichever
is greater, however, where There Is good cohesive soil the depth mry
be less than one pipe diameter, but not less than 3' -0; with
special permission of the Chief Engineer. If Installed by IUMnel /rig
of having, the space crowd casing or corner pipe must be bodfil/ed
with grout or sand.
4.No pipe lines shall be laid through or under bridges or culverts,
where there is likelihood of restricting /he area required for the
purpose for which the bridges or culverts were built, at endangering
foundations of Important structures
5. if odddiona/ frocks are constructed to the future, the protection
shol/be correspondingly extended.
6. Inverled siphons for drainage or arfgalion ditches (C S. 1705)
using steel pipe with welded or screwed /amts or corrugafed iron
pipe with a// seams and jowls close riveted end soldered having a
diameter of 48 Inches or less and the required strength to supporf
track, may be installed without a casing,
CASING
71 Casing may be of ether corrugated iron smooth steel or cOVIOdie.
/I shall here sufficient strength to support frock, except that a
lighter casing may be used for Installation purposes as provided
In Genera /- Rule_2_obova_____
Nestoble (knocked dowy type plain galvanized corrhgo/ed pipe
of gage corresponding to requirements of Toble It may be
used to protect carrier pipes that are already In place.
Rate 2) P /PE /N CUT
2 Metal casing for supporting bock shall conform to thicknesses
shown in rabk I and shall have lints of either saw, welded Or raveled
I a.. It shall be goHanued or shall be dipped w preservative ma /errs/
and thoroughly _cooled inside and outside. If p- eservolive material cannot
be y {gd on inside of casing, then the casing shall be o/ /east one gage
or R thicker then otherwise regwied. I
J. Concrete casing for supporting frock shall have the strength specified
m current ATSM Serial 0esig.notion C-76, Class /V. A// joints shall be water -
fight and of on approved type of construction.
4 The inside diameter of coswg shall be at least 2 inches greater than IM
lac est oulstde diameter of carrier pipe.•
5. Saes of casing larger than shown m Tab le I are special cases and will
be decided upon their merits.
6 Casing shall be so installed as to prevenl formation of waterway under
the rathvay. 11 shall have even bearing fhroughoul its length one shall slope
toward one end
7 Regardless of the strength of carrier pipe, casings must be provided
at all locations where pipe crosses under drainage ditches if cover is less
than 3- 0' Casing render ditch may be separate /7017, or a conhnuatian
of casing under frock, and must extend a minimum of P- O�6eyand lop
shoulders on each side of Ilia ditch
8. When placed In open cut, pipe lines having diameter of 36' or
less, when crossing frocks other than main tracks and stdmgs, moy
be encased In concrete as shown to Table If.
9 Where the ends of the casing are be /ow ground, they shall be
sealed to suitab /y protect against the entrance of foreign molenof
witch might prevent ready removal of the carrier pipe
Where the ends of the casing are at or above ground surface
TOP obave high water love, they may be left open, provided drainage
is afforded to such o manner that leakage will be conducted
owoy from the roadbed and structures
CARRIER PIPE
L.COrrfer pipe shall be o/ an approved type with wafer -fight
joints.
2. Corrugated' iron, smooth steel or concrete carrier pipe'
when used without o casing shall hove the some strength
required obore for casings.
3 Cost iron carrier pipe used wiMoul a easing shall hove a
fh/ckness not less than that specified for Class 150 Cost iron
pipe
TABLE . J
THICKNESS OF P /PE CASINGS
FOR .S//OFn QT/A1r TRACK
Inside
Oiamefer
Corrugate
Irorr P' e
JM001A
Steel Pipe
Inches
U. S. Sid
Cage No.
Nit Ricks
inches
4 1 o lO
14
B
12
14
446
15,18
/4
e
21,24
/2
f2
30 36
/0
/2
48 54, 60
B
/2
TABLE !I
CONCRETE ENCASEMENT
FOR ofaF.S
d
Inches
A
Inches
Number of
Long /fadir/af
(r2'e Bars
/0, 12
4
4
/5
4
f3
5
B
2/,24,17
5
B
30
7
f2
33
B
/2
36
9
/2
•eI•rkvr
SOUTHERN PACIFIC LINES
COMMON STANDARD
PIPE LINES
FOR NON- FLAMMABLE SUBSTANCES
CROSSING UNDER TRACK
NO -SCALE ADOPTED APR. 20, 1953
REVISED JAN. 5, 1970
.• h'Li�'�'YY
Corpus Christi, TM44c4tay of 19 7X
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MA OR
THE CITY CORPUS CHRISTI, TEXAS
The Charter Rule was suspended
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
y The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
r
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14406
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