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Home My WebLink About15253 ORD - 12/05/1979IIII.1C 't 17.IS 1. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT FOR THE PURPOSE OF INSTALLING THREE PIPELINES UNDER WALDRON ROAD, BETWEEN PURDUE AND GLEN OAK, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTAN- TIAL 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 authorized to execute a revocable easement to the Flour Bluff Independent School District for the installation of three pipelines under Waldron Road, between Purdue and Glen Oak, all as more fully set forth in the revocable easement, a substan- tial 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 -pipelines 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 that suchemergencyand necessity exist, 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 ' day of December, 1979. ATTEST: City Secretary - APPROVED: 4 DAY OF DECEMBER , 1979: J. BRUCE AYCOCK CITY ATTORNEY By NUR THE Y OF CORPUS CHRISTI, TEXAS Assistant Cit ejrney 152,53 REVOCABLE EASEMENT THE STATE OF TEXAS X 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 Six Hundred Sixty and No/100 Dollars ($660.00) to it in hand paid by Flour Bluff Independent School District, hereinafter referred to as GRANTEE, said fee to be based on the fee schedule provided in the Code of Ordinances, 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 Flour Bluff Independent School District, the right to install, operate and maintain three (3) pipelines (2-8" diameter chilled water lines and 1-12" steel casing for electrical conduits) encased in 16" steel casings crossing Waldron Road approximately 859' southwest of Purdue Road, as shown on the attached Exhibit A and B. TO HAVE AND TO HOLD the same unto the said Flour Bluff Independent School District, their successors and assigns, together with the right and privilege at any and all times to enter upon the rights-of-way of Waldron Road, as shown on Exhibit A and B, for the purpose of constructing and maintaining said three (3) pipelines for transportation of water and other substances, 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 Trans- portation Pipe Line Safety Standards for the transportation of gas and liquids by pipeline. 2. The pipelines are to be placed such that no portion of the pipelines will be shallower than 24 inches from existing roadway pavement. 3. All road crossings are to be bored. 4. Maximum operating pressure for lines will be 50 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 pipelines upon ninety (90)days notice in writing. 6,4'A` 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 pipelines, or the operation, maintenance of 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 pipelines and the operation and maintenance thereof. Grantee will apply to the Director of Engineering and Physical Development for a permit before disturbing 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 pipelines, 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. 1 b. Grantee will erect markers at the points where such pipelines enter or leave 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 therein 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, within the corporate limits whether industrial, commercial or residential, f 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 representation, 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 By: City Secretary R. Marvin Townsend, City Manager APPROVED: - Z O day of.)/4-1.44(Aa.4._.1 . 1979 Assistant Attorney THE STATE OF TEXAS 1 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. Notary Public in and for Nueces Co., Texas The above and foregoing grant and easement is hereby accepted this the day of , 1979, by Flour Bluff Independent School District, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said Flour Bluff Independent School District is bound by all of the terms of the same. ATTEST: THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned , known instrument and he acknowledged to me and consideration therein expressed, By: Flour Bluff Independent School District authority, on this day personally appeared to me to be the person who signed the above that the same was executed for the purposes and in the capacity of Notary Public in and for Nueces Co., Texas - 3 - • n/` &J./ glph• %bik�n9 •. FLOUR BLUFF M'D PEMDENT SCHOOL 7.5'rtdld0.4e b/lddl .. t f • jc N/4) -d a . fir, 5-: CA5TAIG-tS o1lioNG�' T=rL'-CASt�IG�4_..90 LONG:. FLOUR ' BLUFF:. /IVO£F'�,yOEA+T SCHOOL, O/S ,. i ,a -ao • • � • 1_ -:. • -"7.- Jdn :Se A✓ /': A 000l9 % —�`r`a's�c� .tea rte.• ; • -- "- _ i --.85.� DETA t L5 Flo rrF "il-t D -51-IEE _DRAINAC-4E 1 i.5 PROJE`T. Corpus Christi, exas `'`j day of i�oden 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, MAYO TH CITY OR, ORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best 0 2, David Diaz ay„Q Jack K. Dumphy r.Q , Betty N. Turner 2, Cliff Zarsky7 ��- The above ordinance was passed by the following vote: Luther Jones (, Edward L. Sample (4 Dr. Jack Best `'4-1 David Diaz 4-, Jack K. Dumphy aki Betty N. Turner (4"P Cliff Zarsky Q,r'e 1 15253