HomeMy WebLinkAbout03195 ORD - 01/15/1952I llNIiv ...-1
> JANUARY 14, 1952
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
A CONTRACT WITH TRUNKLINE GAS COMPANY, SAID CONTRACT
TO BE SUPPLEMENTAL TO AND IN CLARIFICATION OF A PROVI-
SION OF THE RIGHT OF WAY AGREEMENT DATED DECEMBER 6, 1951,
GRANTING TO SAID TRUNKLINE GAS COMPANY A NATURAL GAS
PIPE LINE EASEMENT ACROSS CERTAIN LANDS OWNED BY THE
CITY AT LAKE MATHIS, A COPY OF WHICH SUPPLEMENT TO SAID
AGREEMENT 1S ATTACHED HERETO AND MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI HAS HERETOFORE GRANTED
TO TRUNKLINE GAS COMPANY A RIGHT -OF -WAY EASEMENT FOR THE PURPOSE OF
LAYING PIPE LINE OR LINES FOR CONDUCTING OIL, GAS OR OTHER LIQUIDS
LOCATED ON LAND OWNED BY THE CITY AT LAKE MATHIS, WHICH AGREEMENT
AUTHORIZED SAID COMPANY TO USE A CERTAIN FIFTY FOOT SQUARE AREA FOR
CERTAIN INSTALLATIONS, BUT FAILED TO EXPRESS IN SAID AGREEMENT AN
ALTERNATE LOCATION OF SAID FIFTY FOOT SQUARE AREA; AND
WHEREAS, THE PARTIES CONCERNED DESIRE TO STATE IN WRITING
THE UNDERSTANDING REGARDING SAID FIFTY FOOT SQUARE AREA, AND TO EX-
PRESSLY AGREE UPON THE OPTION OF SAID COMPANY TO USE SAME, AND FOR
SUCH PURPOSE HAVE DEEMED IT ADVISABLE TO ENTER INTO A SUPPLEMENTAL
AGREEMENT EXPRESSING THEIR UNDERSTANDING;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
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SECTION Q. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH TRUNKLINE GAS COMPANY, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE FACT THAT THE PARTIES HEREIN CONCERNED HAVE AL-
READY ENTERED INTO SAID ORIGINAL AGREEMENT MAKES THE IMMEDIATE EXECU-
TION OF SAID SUPPLEMENT TO THEIR AGREEMENT IMPERATIVE, AND SUCH CLARI-
FICATION TO FACILITATE THE LAYING OF PIPE LINES TO CONDUCTS SAID LIQUDS
FROM SAID CITY OWNED LAND 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT
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THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING
DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUS-
PENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINAL-
LY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED
AND APPROVED THIS THEIg' DAY OF JANUARY, A.D. 1952•
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AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
A TESTED:
ITY SECRETARY
APPROVED AS TO LEGAL FORM:
,
CITY ATTORR E
Corpus Christi, Texas
TO THE MEMBERS OF THE CITY COUNCIL
} Corpus Christi, Texas q
Gentlemen:
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,
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,
AYOR5'A'✓
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman V�GY
Jack DeForrest C
Sydney E. Herndon
George L. Lowman
Frank E. Williamson C
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon
George L. Lowman
--
Frank E. Williamson
3195
VANUAttT IT, I;FjL
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SUPPLEMENT TO AGREEMENT
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE CITY
OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ACTING AND REPRESENT-
ED HEREIN BY IT DULY AUTHORIZED CITY MANAGER, W. B. COLLIER, AND
{- TRUNKLINE GAS COMPANY, A DELAWARE CORPORATION, ACTING HEREIN BY AND
THROUGH ITS DULY AUTHORIZED OFFICERS, THAT THE PRINCIPAL AGREEMENT
BETWEEN THEM DATED DECEMBER 6, 19511 FOR A RIGHT -OF -WAY EASEMENT FOR
A NATURAL GAS PIPE LINE ACROSS CERTAIN LANDS DESCRIBED IN SAID AGREE-
MENT, BE AND THE SAME IS HEREBY AMENDED BY THE INSERTION THEREIN BY
THIS REFERENCE OF THE FOLLOWING, ADDITIONAL QUOTED PROVISION WHICH
THE PARTIES INTENDED, BUT BY INADVERTENCE FAILED, TO INSERT IN SAID
PRINCIPAL AGREEMENT, TO -WIT:
"THE FIFTY FOOT (50') SQUARE AREA ABOVE REFERRED TO
MAY AT THE OPTION OF THE GRANTEE BE LOCATED AT1 A POINT
ON SAID RIGHT -OF -WAY CENTER LINE, BEGINNING 494 FEET
EASTWARD FROM THE PLACE OF BEGINNING, AND EXTENDING
FIFTY FEET (50') ALONG SAID CENTER LINE, SO LOCATED THAT
THE CENTER LINE OF THE FIFTY FOOT SQUARE WILL COINCIDE
WITH THE CENTER LINE OF THE RIGHT -OF -HAY."
THE PARTIES AGREE FOR THE SAME CONSIDERATION EXPRESSED IN THE
PRINCIPAL AGREEMENT THAT THE ABOVE QUOTED PARAGRAPH SHALL CONSTITUTE'
PART AND PARCEL OF SAID PRINCIPAL AGREEMENT, WITH LIKE EFFECT AS IF
ORIGINALLY INSERTED THEREIN.
DATED, THIS THE DAY OF .JANUARY, A.D. 1952.
THE CITY OF CORPUS CHRISTI, TEXAS
ATTESTED: BY
W. B. COLLIER, CITY MANAGER
CITY SECRETARY
APPROVED AS TO LEGAL FORM: TRUNKLINE GAS COMPANY, A DELAWARE
CORPORATION
CITY ATTORNEY BY
ATTESTED: