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HomeMy WebLinkAbout02072 ORD - 04/29/1947AN ORDINANCES AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF THE CITY A CONTRACT WITH GUY A. THOMPSON, TRUSTEE FOR SAN ANTONIO, UVALDE & GULF RAILROAD COMPANY, ACCEPTING PERMISSION OF SAID RAILROAD TO INSTALL, KEEP, AND USE, FREE OF CHARGE, FOR CONVEYING GAS (6 -INCH LINE) ALONG OR ACROSS THE RIGHT OF WAY OR OTHER GROUNDS CONSTI- TUTING A PART OF CARRIER'S RAILROAD AT OR NEAR CORPUS CHRISTI, NUECES COUNTY, TEXAS, A CERTAIN PIPE LINE, THE SAME TO CROSS PRFAUSES AT ENGINEER'S CHAINING STATIONS 3/38 and 04 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That, the City Manager of the City of Corpus Christi be and he is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi, Texas, a contract with Guy A. Thompson, Trustee, for San Antonio, Uvalde & Gulf Railroad Company, accepting permission to install, keep, and use, free of charge, for conveying gas (6 -inch line) along or across the right of way or other grounds constituting part of carrier's railroad at or near Corpus Christi, Nueces County, Texas, a certain pipe line, the same to cross premises at Engineer's Chaining Stations 3f38 and 64f52, which contract shall begin with the 6th day of March, 1947, and continue thereafter indefinitely as long as the said City of Corpus Christi, Texas, shall meet the requirements set forth in said contract, a copy of which contract is attached hereto and made a part hereof and reads as follows, to -wit: ,,? 0 7,� PIPE LINE AND CANAL CROSSING LICENSE This instrument executed in duplicate on this 8th day of April , A. D. 19 47, VtlITNESSETH: The undersigned Carrier hereby grants, solely on the herein ex- pressed terms and conditions, and the undersigned Licensee City of Corpus Christi, a municipal corporation of the State of Texas, Address: Corpus Christi, Texas hereby accepts, permission to install, veep, and use, free of charge, for conveying gas (6 -inch line) along or across the right of way or other grounds constituting a part of Carriers railroad (hereinafter called premises) at or near Corpus Christi, Nueces County, Tex., a certain pipe line (or canal and /or flume), the same to cross premises at Engineers Chaining Stations 3f38 and 04/52 , and other- wise to be located as shown by yellow lines and of said right of way if limited to any track, by white line, but, if wider, by red lines on the map or plat marked Exhibit "A" and hereto attached and made a part hereof. 1. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time re- quired to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line (or canal and /or flume) to any physical change as made at any time in any of Carrier's prop- erty; at all times keeping upper surface of any pipe line or canal and /or flume at least - - - - four feet below bottom of rail thereover. Licensee shall cause any Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit "B" attached hereto as part hereof; obtaining Exhibit B, if missing, from Carrier. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee, at any time, either shall not be fur- nished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request, and Licensee on request shall, in advance, deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier ten dollars for preparing it. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 100 to cover accounting and supervision, and Carrier's cost price of all ma- terials f. o. b. Carrier's rails plus 10% to cover handling and accounting, plus freight at tariff to point of use. Carrier may connect with and dis- charge sewage into Pipe Line while serving as sewer. 2. Licensee agrees to indemnify and hold harmless the Carrier from all liability, damage and expense, including attorney's fees and costs, which the Carrier may incur or suffer, caused by the intallation, main- tenance, existence or use of Pipe Line (or canal and /or flume). j. "Term hereof shall begin with the 6th day of March , 1947 , and continue thereafter indefinitely as long as Licensee shall per- form and covenants hereof and shall reasonably need in its business the permission granted hereby and shall not abandon the said Pipe Line (or canal and /or flume). In the event Licensee shall fail to perform the covenants hereof, or shall not reasonably need in its business the permission granted hereby, or shall abandon the said Pipe Line (or canal and /or flume), the term hereof may be terminated by expiration of thirty days following serving, by Carrier on Licensee of written notice of intention to end term hereof. Term hereof may also be concluded by expiration of thirty days following serving by Licensee on Carrier of written notice of intention to end term hereof. Any notice of Carrier shall be deemed served when posted conspioiously on Pipe Line (or canal and /or flume) or when deposited, postage prepaid, in U. S. mail addressed as aforesaid, not later than last day of term hereof Licensee shall remove Pipe Line (or canal and /or flume) and restore premises. And of pipe Line (or canal and /or flume) not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided, no right of Licensee shall be transferred or assigned either -2- voluntarily or involuntarily except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting or impairing any right arising from, any subsequent default. The San Antonio, Uvalde & Gulf Railroad Company, pursuant to Section 77 of the Bankruptcy Act, approved Larch 3, 1933, is now in pro- cess of reorganization and is being operated by the undersigned Trustee under jurisdiction of the United States District Court, Eastern Division, Eastern District of Missouri, and, upon the date that ownership or control of the railroad and property of said Railroad Company by said Trustee or his successor trustee or trustees, shall cease, this agreement shall ipso facto terminate, unless, pursuant to the decree of said court, said agree- ment shall be continued in effect by the party succeeding to such ownership or control. ATTEST: GUY A THOIv]PSON, TRUSTEE, Sidi ANTONIO, UVALDE & GULF RAILROAD COMPANY, DEBTOR ecretary or rustee BY ATTEST: Senior Executive Assistant. City Secretary "Carrier" APPROVED AS TO LEGAL FORM; CITY OF CORPUS CHRISTI City Attorney BY City Manager -3- EXHIBIT "B" Specifications for Pipe Lines Conveying Gas, Gasoline, Oil or Other Inflammable Substances. A- -PIPES CROSSING UNDER TRACKS 1. Line pipe shall be open hearth steel, genuine wrought iron, pure iron, or alloyed iron, and shall be either seamless, lap welded, electric welded or oxy- acetylene welded, with welded or screw joints, and the outside shall be thoroughly coated with an approved preservative. 2. All pipe lines conveying oils, gas, gasoline, or other inflammable substances shall be incased in a larger pipe where passing under any track of the Railroad Company. 3. Casing pipe shall be of cast iron with leaded or flanged joints, or wrought iron or steel pipe with screw, flanged or welded joints, capable of withstanding the working pressures in the line pipe. Casing pipe shall be thoroughly coated inside and outside with an approved preservative. 4. The sizes and installation of casing pipes shall be as indicated in the typical sketch and Table of diameters shown on the reverse side of page 2. Where casing pipe terminates below ground surface, the ends shall be sealed with a cement plu�(or other special approved joint capable of with- standing a pressure 50 per cent in excess of the working pressure of the line pipe. The casing pipe shall be fitted with a vertical pipe vent having a diameter of not less than two inches and carried to a height of not less than 12 inches above the ground surface. where casing pipe terminates above ground surface, the ends may be left open provided drainage is afforded in such manner that leakage of in- flammable substances will not be conducted towards any track or structure of the Railroad Co. 5. The distance from the base of rail to the top of the casing pipe at its closest point shall be not less than four and one -half feet. 6. Where width of Railroad's right- of-way permits, the casing pipe shall be extended forty -five feet on each side from the center line of Railroad's nearest track measured at right angles thereto, or to within five feet of the right- of-way line, and shall be given an even bearing throughout its entire length. t1here Railroad's right -of -way line is less than twenty -five feet from the center line of the nearest track, the casing shall be extended beyond the right-way line to provide a minimum distance of twenty -five feet from the center line of such track measured at right angles thereto. 7- Line pipe shall be provided with suitable shut -off valves near the right -of -way lines on both sides of Railroad's track unless, in the opinion Of Railroad's Chief sYvyineer, the pipe line owner has made other provision for shut -off valves to be located ilz its pipe line which will provide proper protection for Railroad's property in case of leakage in the pipe line. B- -PIPES PARALLELING TRACKS JUID ON RIGHT -OF -SAY LVIDS 1• Pipe line shall be located as far as practicable from any track or other important structure, preferably five feet from the property line where condi- tions permit, but not closer than twenty -five feet to the center line of any track or to the nearest point of any bridge, building or other important structure ( "bridge" as herein used shall not be deemed to include case iron or reinforced concrete pipes, reinforced concrete culverts, or similar fire proof structures). 2. Pipe line shall be buried to a depth of at least three feet, from top Of pipe to surface of ground. 3. Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a sufficient depth to be protected from scour, and in such manner as to not interfere with or obstruct the channel or diminish the channel capacity. I£ impracticable to so locate account of the topography of the ground, pipe lines may be elevated sufficiently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by Railroad's Chief Engineer. 4. Casing pipe shall be provided where the following conditions obtaine (a) 'Nhere the pressure in the line pipe exceeds 100 pounds per square inch; (b) 17here the line pipe is located closer than twenty -five feet from the center line of any track or inflammable bridge, building or other important structure. In this event, the casing shall extend in each direction to a point twenty -five feet from the track or nearest point of structure to be cleared. (c) Where in the opinion of Railroad's Chief Engineer, the pipe line pre- sents a hazard to Railroad's structures or facilities. 5• A special carrying pipe capable of withstanding a pressure considerably in excess of the actual working pressure, if approved by Railroads Chief Engineer, may be substituted for the casing pipe. Pipe line owner shall submit to Railroad's Chief Engineer, through proper channels, complete speci- fication covering such special pipe for his approval and issuance of special conditions for installation. 6. A -4. Line and casing pipe shall conform to specifications under .4 -1, A -3, and SECTION 2. The fact that it is necessary to supply the citizens of this town with adequate gas facilities and the fact that securing the right- of-way for gas lines set out in the contract approved by this ordinance creates a public emergency and public imperative necessity requiring the suspension of the Charter rule 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 several meetings of the City Council, and the P,%yor having declared that such public emergency and imperative necessity exist, and having required that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction, take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this Z 9 li/tl day of April, 1947• MAYOR City of Corpus Christi, Texas ATTEST: City Secre ary APPROVED AS TO LEGAL FOR24: —amity At torn-, y Corpus Christi, Texas April 2L_, 1917 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, hereby 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, MAYOR e m City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale CAA. George R. Clark, Jr. John A. Ferris; 0 R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry "P Joe T. Dawson xc"