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Home My WebLink About15215 ORD - 11/07/1979vp:11/6/19:1st' Ri . � T AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO SOUTHWESTERN REFINERY COMPANY FOR THE PURPOSE OF LAYING, CONSTRUCTING, OPERATING, MAINTAIN- ING, REPAIRING, AND REMOVING A 20" DIAMETER PIPELINE WITHIN THE RIGHT-OF-WAY OF NORTH PORT AVENUE, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE 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 a revocable easement to Southwestern Refinery Company for the purpose of laying, constructing, operating, maintaining, repairing, and removing a 20" diameter pipeline within the right-of-way of North Port Avenue, all as more fully set forth in the revocable easement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That the necessity for commencement of construction of the aforesaid pipeline at the location described in the revocable easement 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 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 the ATTEST: 7 day of November, 1979. City'Secretary APPROVED: IO DAY OF NOVEMBER, 1979: / J. BRUCE AYCOCK, CITY ATTORNEY By Assistant CitY�arney M Y 15215 THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED AUG 28 ma REVOCABLE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES 1 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 Six Hundred Twenty -Seven -and 84/100 Dollars ($627.84) to it in hand paid by Southwestern Refining Company, Inc., hereinafter referred to as GRANTEE, as provided in the Corpus Christi City Code, 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 here- inafter stated, unto the said Southwestern Refining Company, Inc., the right to lay, construct, operate, maintain, repair and remove a 20" diameter pipe- line within the right-of-way of North Port Avenue of the City, as shown on the attached Exhibit A. TO HAVE AND TO HOLD the same unto the said Southwestern Refining Company, Inc., their successors and assigns, together with the right and privilege at any and all times to enter upon the rights-of-way of the above described road, as shown on the attached Exhibit A, for the purpose of constructing and maintaining said 20" pipeline for transportation of fuel oil, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. All work proposed will equal or exceed Department of Transpor- tation Pipe Line Safety Standards for the transportation of gas and liquids by pipe line. 2. The pipeline is to be placed such that no portion of the pipeline will be shallower than 42 inches from existing ground or roadway pavement and/or roadside ditches. 3. The road crossing is to be bored. 4. Maximum operating pressure for line will be 150 psig. 5. 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 ninety (90) days notice in writing. 664 14-4 6. 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. 7. 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 Engineering & Physical Development for a permit before disturb- ing any part of any street area and perform the work in accordance with the permit and all City ordinances applicable. 8. All rights granted hereby shall be subordinate to all uses as the City may make of such street right-of-way for public purposes. a. Grantee shall adjust or relocate the above described pipeline, if necessary, for the present or future construction of any public utilities, 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. b. Grantee will erect markers at the points where such pipeline enters or leaves a street right-of-way. Such markers shall be of iron, bearing pipeline owner's name, and placed at the edge of the public right-of-way. 9. This conveyance and agreement, and all the terms and provisions hereof, shall bind and inure to the benefit of Grantor and Grantee and the respective lessees, licensees, successors and assigns of Grantor and Grantee. Grantee, its successors and assigns, is hereby expressly given and granted the right to assign the rights and easements herein granted and conveyed or any part thereof or interest herein to any person, firm, corporation, partnership or other entity, and such rights and easements are and shall be divisible among two or more owners so that each assignee or owner shall have and enjoy said rights and easements either separately or together. 10. 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. It is expressly provided that, as used in this paragraph, the sale of "natural gas" shall not include the inter -company sale or transfer of either fuel gas, or fuel -2- in any form, used and consumed in the fractionation, heating, distilling, or manufacturing process of grantee, its subsidiaries and affiliates. It is mutually understood and agreed that this agreement as written covers all covenants, agreements and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to or changing the terms hereof, and that the party securing this conveyance on behalf of Grantee is without authority to make any repre- sentation, stipulation, covenant or agreement not herein expressed. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 1979. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: -� Ir.' /, G .qday of// etu.Cod tY , 1979 Assistant/Cit6y THE STATE OF TEXAS X COUNTY, OF NUECES X 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, and as City Manager thereof, for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL"OF OFFICE, this the day of , 1979. By: R. Marvin Townsend, City Manager Notary Public in and for Nueces County, Texas The above and foregoing grant and easement is hereby accepted this the day of , 1979, by Southwestern Refining Company, Inc., and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said Southwestern Refining Company, Inc. is bound by all of the terms of the same. ATTEST: SOUTHWESTERN REFINING COMPANY, INC. THE STATE OF TEXAS I COUNTY OF By: BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person who signed the above instrument and he acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity of Notary Public in and for r Corpus Christi, 7 day of as 19 79 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, A THE Y OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass by the following vote: Luther Jones Edward L. Sample 4(/%-i Dr. Jack Best 1 David Diaz 1 Jack K. Dumphy e% Betty N. Turner 1 Cliff Zarsky • O_, 15'215