The URL can be used to link to this page

Home My WebLink About05458 ORD - 08/12/1959JAW — . Mw • 8 1,1' -fig s — AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE HUMBLE PIPELINE COMPANY REQUIRING THE LOWERING AND CASING OF THREE EXISTING PIPELINES NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK FOR THE SUM OF , 424J5, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $5,424.-15 FROM THE BRIDGE REMOVAL AND RELOCATION PROJECT, FUND NO. 230; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY, IN CONJUNCTION WITH OTHER GOVERNMENTAL AGENCIES, HAS BEGUN THE BASCULE BRIDGE REMOVAL PROJECT WHICH NECESSITATES THE CONSTRUCTION OF THE PROPOSED SAVAGE LANE RAILROAD TRACK FROM ACROSS THE SHIP CHANNEL TO HIGHWAY 44; AND WHEREAS, THERE ARE EXISTING CERTAIN PIPELINES WHICH, UNLESS LOWERED AND CASED, ACCORDING TO THE ENGINEERING SPECIFICATIONS, WILL CON- STITUTE AN OBSTRUCTION TO THE PROPOSED SAVAGE LANE LINE; AND WHEREAS, THREE OF THESE CERTAIN PIPELINES ARE OWNED BY THE HUMBLE PIPELINE COMPANY WHO IS AGREEABLE TO LOWERING AND CASING THE SAID PIPELINES, AS NECESSARY, FOR THE COST OF SUCH LOWERING AND CASING; AND WHEREAS, THE CITY OF CORPUS CHRISTI HAS BEEN DULY APPOINTED THE AGENT FOR THE SEVERAL RAILROADS AND GOVERNMENTAL AGENCIES PARTICIPATING IN THE BASCULE BRIDGE REMOVAL PROJECT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE HUMBLE PIPELINE COMPANY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF INCLUDING THE ENGINEERING SPECIFICATIONS, REQUIRING THE SAID HUMBLE PIPELINE COMPANY TO LOWER AND CASE, ACCORDING TO CERTAIN ENGINEERING SPECIFICATIONS, THREE EXISTING PIPELINES THAT PRESENTLY WOULD INTERFERE WITH THE CONSTRUCTION AND USE OF THE PROPOSED SAVAGE LANE RAILROAD TRACK, FOR THE SUM OF $5,424.15 TO BE PAID BY THE CITY ACTING AS THE AGENT FOR THE GOVERNMENTAL BODIES PARTICIPATING IN THE BASCULE BRIDGE PROJECT. SECTION 2. THE SUM OF $5,424.15 IS HEREBY APPROPRIATED FROM THE BRIDGE REMOVAL AND RELOCATION PROJECT, FUND NO. 230, PROJECT 13 -55-3 FOR PAYMENT UNDER THE SAID CONTRACT. SECTION 3. THE FACT THAT CERTAIN EXISTING PIPELINES ARE A HINDRANCE TO THE CONSTRUCTION OF THE PROPOSED SAVAGE LANE RAILROAD TRACK CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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 THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT �f FROM AND AFTER ITS PASSAGE, IT IS .ACCORDINGLY PASSED AND APPROVED, THIS THE �9(, DAY OF AUGUST, 1959• MAYOR V--- THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: // f CITY SECRETARY .-.y J• APPROVED AS TO LEGAL FORM THIS 11TH DAY OF AUGUST, 1959: CITY ATTORNEY CORPUS CHRISTI TEXAS �•,r/J ll� h, DAY of L .,I_,1959 J/ `P TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI] TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEI A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR _ THE CITY OF CORPUS CHRISTI.TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: t ELLROY KING / JAMES L. BARNARD MRS, RAY AIRHEART � JOSEPH B. DUNN fA�. PATRICK J. DUNNE R. A. HUMBLE. GABE LOZANO, SR. �. h THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY A I RHEART JOSEPH B. DUNN 1 PATRICK J. DUNNE R. A. HUMBLE GAB E.. LOZANO, SR. �. I , . • � y f I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of No. ' Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. ti ` ireetor of Finance AGREEMENT WITH PIPE LINE OWNERS. V.,KtcEA$A THE SECRETARY Or THE ARMY HAS MADE A 1`RN01114 THAT THE BASCULE BRIDGE IS A HINDRANCE TO NAVIGATION OF THE PORT OF CORPUS CHRISTI, _ AND REMOVAL Or THE- HnSCULE 13RI03C AND THE RELOCATION OF THE RAILROAD SCR- YICE TNEREf nu 13 VECCSSARY; AND WHEREAS, THE NECESSARY PARTIES TO SUCH REMOVAL AND RELOCATION, THE CITY OF CORPUS CHRISTI, NUECLS COUNTY, NUECES COUNTY NAVIGATION DISTRICT N0. 1, MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS-ME%ICAN RAILWAY COMPANV, AND : TEXAS AND NCV ORLEANS RAILROAD COMPANY, HAVE DETERMINED THE ROUTE NECESSARY FOR THE RELOCATION 06 THE SAID RAILROAD SERVICE; AND KtX0�, THE RELOCATION OF SAID RAILROAD SERYtCE WILL 8E ON RIGHT 3,� OF NAY THAT CROSSES CEATAIN EXISTING PIPE LINES, AND UNLESS THE SAID CERTAIN PIPE LINES ARC EITHER LOWERED AND /OR CASED, OR SAID PIPE LINE RIGHT OF WAY ACQUIRED THROUGH PURCHASE OR EMIMENT DOMAIN, THE COMPANI43 OR CORPORATIONS O'dNINO THE SA16 PIPE LINES WILL BE DAMAGED DY THC LOCATION OF THE RAILROAD. TRACK, AND THE SERVtCC THEREUPON, OVCR At;D ACROSS THEIR INDIVIDUAL PIPE LIKES; AND I:.'H%RCAS, THE HEftEIMAFTER NAHCD PIPE LINE OWNER 13 THE OWNER OF A CERTAIN PtpC LINE WHICH WILL 'OE OR PROSASLY WILL 3C DAMAGED BECAUSE SAID RAILROAD TRACK FOR THE RELOCATED RAILROAD SERVICE -WILL BE CONSTRUCTED OVER THE SITE DF THE PRESENT LOCATION OF SAID •+PE LIt1EI AND EWHEAEAS, THE COST OR EXPENSE Or THE LOWERING AND /OR CASINO Of THE PIPE LIME$, SUFFICIENT TO PROTECT THE PIPC LU.t PRO14 DAMAGE, HAS SEEN DETCR- - MI"CD A!ID ACREEO UPON OY THC PARTIES H:RCTO At:D SUCH AMOUNT AND DETERMINATION HAS OCCN APPROVED BY THE CORPS OF ENGI!Ims, U. S. ARMY; AND ' k VIC;;CASA IN LIEU Of CONDEMNATION THE CITY OF CORwi.CHRliti, A MUNICIPAL CORPORATION, - ACTING FOR ITSCLF, AND DULY AUTHORI #CO TQ ACT+ AND ACTING, AS THE AGENT FOR NUCCEi COUNTY AND NUECEO COUNTY NAVIGATION DISTRICT No. -i HASs AGRCtD TO PAY TO THZ HEREINAFTER NAMED PIPE Li NE OWNtm - THE ENTIRE COST zr ADJUSTMENT, RELOCATION, tcwzit'114 AND/09 CARING or THE SAID PIPE LINO, NEREINArTER OESCRIOEDA AS HEREINAFTER 8ET OUT AND SAID CITY IN THE CAPACITIES ETATCD, AND $AID PIPE LINE OWNER DESIRE$ TO CUTER INTO THIS CONTRACTUAL ACRE,EMENT SCTT$NG OUT THE TERMS OP THE AGREEMENT UETMCCN THEN, .. TO -wlt: WI I THE SSETMt THE Hu"LE PIPE Our COMPANY , A PRIVATE CORPORATION, HRRC- WAFTER CALLED "PIPE Lin i7NNER ", FOR AHD IN CO %SIDCRATIOH OF THE REINBURSC WENT OF COST OT THE CITY Or CORPUS CHRISTI AS HEREINAFTER PROVIDED AND IN LIEU Or.CONOCHUATION, AN3 THE CITY Or CORPUS CHRISTI, TtRA$, A MUNICIPAL COR'C'RATICN, HCRi1NArT01 tALLED "CITY , ACTi_N2 FOR ITSCLF, AND DULY AUTRORIYED - TO ACT, -AND ACY -IN3, At THC- *:,CRT FOR NUECES COUNTY Ar10 MUCCES COUNTY NAVIGATION DISTRICT Nor. 1, rOR A!;D IN CONSIDERATIO:i or THE PERFORMANCE or PARAGRAPH (A) SY PIPE LINE DYNERJ W:RE.9Y VJtR INTO THIS MtkORANDUN Or AGREEMENT, AGREEINQ TO DO THE FOLLOVINO: (A) PIPE LINE OWNER AGREES IT WILL, ON OR SEFQRC� 30 DAYS FROM THE DATE Or RECEIPT 2Y IT•, Or ',:*TICE OF APPROVAC Of THIS A0ACCMENT, SY.THE. CORP$ Or E;,3ISeeRS, u. S. ARPY, PERFORM CR HAVE PERFOAMCO THE WORK AND FURNISH OR HAVE FURNISHED THE.MATCRIAL TO ACCOMPLISH, OR HAVE ACCOMPLfSHMI, THE rOL- - LcWERIH3 AND CASINO OF 13) SECTIONS Or PIPE LINES - SECTION 1. LONER 8" LINE AUD f'ISTAL4 1,1,21 Or 12" CASINr, AT TEX -Mex S. P. J0174T YARD ADJACENT TO ,HIGHWAY DE31GNATtD ON ATTACHED lb - CXHIBIT "A" AS "FLOUR -SLUFF -VIOLA S" LINE PROPOBEO ADJUSTMENTS., SECTION 2. LOWER " LINE AND INSTALL 92f OF 12" CASIAM AT -. PROPOSED CROS SINS OF NEW CORN PRODUCTS ROAD MCRTH OF $. P.- TCX -MEX JOINT YARDf DESIONAT ;D ON ATTACHED GXH131T "A' A9 -rLCUR -SLUFF - VIOLA ° LINC PROPOSED ADJUSTMENTS." SECTION INSTALL 105',OF 14' CPSIY3 ON tO" D18CHARGE LINE - .LOCATED .SOUTH OF SOUTH RIGHT OF WAY LINE OF 4. P. RAILROAD At SITE OF PROPOSED CROSSIVS OF PROPOSED SOUTH APPR7ACH ROAD, OM ONATED ON ATTACHED EXHIBIT "A" AS 'VIOLA- CORPUD CHRISTI LIVES, PRCPCSEO ADJUSTIICNT." (8) If PIPE LIN€ OWNCR SHOULD JE PREVLriTEOt IN WHOLE OR IN PART, FROM FULFILLT%i3 ITS O.'w aATICiNS UN:= THIS CONTRACT OY REASON OF _ INCLEMENT VCATHER PREVEN71N3 PERfORMANCE OR BY REASON DF OTHER OCCURRENCES OR CIRCUM ANC£S RCASONAOLY 13EYCUO ITS CCNTROL WHICH PREVENT PERFORMANCES .. THEN THE DATE OF OBLIGATION TO PERFORM PARAGRAPH . (A) SHALL DL EXTENDED BY THC NUMBER OF DAYS OFIV!!LEMCNT WEATHER OR SAID OTHER OCCURRENCES OR _ C;R'-UN3TA!:CC3 PREVEIiTIIiG PLRfOR:4A:CCE. - (C), CITY AGREES TO PAT Pon LINE WIER THE SUN OF $_j,4214.12 UPON, THE COMPLETIOrl Or PERFORMANCE Or PARAGRAPH (A), AS EVIDtNCED IIT- CCRTI-. FICATION OF PERFORMANCE By THE EN3iiaEC R1 N;. p1nH Of HARItIN3TON CORMYOUk - AND A LETTER FRO3 AN OFFICER OF PIPE LINE OWMil THAT FARAGRAPN (A) HAS BEEN PCRFORMED. - (0) PIPC LINE OWNER AGREES THAT THC SAID SUM TO BE PAID CY THE .- CITY UPON THE PERFORMANCE OF PARAGRAPH (A) 13 THE FULL RZHUNCRATICN OWED TO PIPE LINO OW:-'ER k1:RCUNDER AND COVERS VD INCLUOCS ALL -COST AND EXPENSES OF ANY AND EVERY NATURZ INCURRED IN PE.VORHIN3 PANASRAPH (A) AND IS FULL CONSIDERATION PAID OY THE C17Yo IN ITS SAID CAPACITY. (E) DURING THE PERIOD PIPE Lime OWNER IS ENGAGED IN PCItFORNAKCE OP PARAORAPH (A) HEREIN PIPE LINE OWNER ACRCE5 TO HOLD RARMLtas AND INDE11. Miry CITY i1UECiC3 COUNTY# %UECES COUNTY NAVIGATION DISTRICT ND. 1, AND TNC UNITED STATES ARMY F09 ANY AND ALL DAMAu ESS OR LLAIM3 FOR DAMASCS SY ANY PERSONA FlilM OR CO;'PCRATIO;;A RESULTIN3 FRO }I OR AS A RESULT OFi ANN NEGLICENT A.T OR CAlzrAip;! TO ACT OF FIPC LINE C-'NER O,', At;Y PE114% 's FIRSt OR CaRParArlp7i A:TtF:J F031 AND WITH TH: CO::SLNY DFA PIPE LINE OWNER IN CO7:IIECTICN WITH`THC SAID PIPE LINE RELOCATICIi AND /08 ADJUSTMENT, AND /OR CASIN3A AND /OR REMOVAL ACTIYITIC3 As PROVIDED FOR HEREIN. - (F) PIPE L1-7E %NCR WILL USC THE SAME REASONABLE CARE AND OIL1- GENCE. CUSTQ -"ny IN THC PIPE. L1'!E DUSINE53 IN PEiiFORMILG PARAGRAPH (A). IN INC EVEt17 OF CROP OR LAND DAMAGE FO WHILH PIPE Ltt�E OWNER 13 LEGALLY ACSPON9IGLE Tp A THIRD PARTY ZECAUSE OF CROP 0R LAND DAldAGEA CITY AND _. PIPE LINE CWtIER AG6CE THAT rIPE LINE CwNER WILL :TAKE VO PAYMENT TO SAID _ THIRD PARTY, ME" AUT:il4,i(XED 3Y. CITY IN WRiT(t3; BUT WILL NOTIFY CITY WHEREUPON CITY WILL UiiDEATAM! A%D ASSUME ALL NCGOFIATIOF SA 5CTTLEM:YT3 ANa�OR DEFCN56 OF LITIGATIOU INVOLVE 0, AND SUJJECT TO THE ABOVCA CITY VILL H060 HARMLESS AND INDEMNIFY PIPE LINE C'at:E: FROit A!iY LIABILITY Tp SAID THIRD PARTY FOR SAID RCASON. (G) THE CITY A %D PIPE Lime OvtIER AGREC THAT THIS t4rMORAIfOUM AGRELNENT BECOMES IN FULL FORCE AN3 EFFECT UPC% APPROVAL OF TNIS CONTRACT ffiY THE CORPS OF EnaiNEER3A U S. A;:MYA EVIDENCED GY A LETTER OR CCPY THEREOF f#Y THE SAID /CORPS OF ENGINEERS DCAOTIN3 APPROVAL. �H) lT IS EXPRESSLY UN703T00D P:!J A3ACED THAT THE TSRWX AND PROVISIONS Or THIS INSTRUSI:t.T ANa THE EXECUTICN HEREOF OY P( ►ft, LINE Ow4ta SHALL NOT 09 COI:STRUED AS WAIV+N„A Nu31FY193A ALTERtfd3A 1biPAFR(N31 pIMIN13H+ lb INC NOR IM ANY MANNER AFFECTING THE RIDHTS, TITLES# INTERESTS AND PRIVILEGES ACQUIRED AUD PRESENTLY OWNED BY PIPE LINE OWNER UNDER PIPE LINE 414NT Or WAY AND EASEMENT INSTRUMENT, OR INSTRUMENTS, UNDER WHICH PIPE LINE OWNER ACQUIRED ITS EXISTING PIPE LINC AND OTHER RIGHTS IN THE LAND$ AFFECTED EITHER SY THIS CONTRACT OR BY THE VELOCATED RAILROAD SERVICE ROM MtUTIONED HEREIN, AM PIPE LINO Omit EXPRESSLY RESERVES AND RETAINS TO ITSELF, ITS SUCCESSORS AND ASSIGNS, ALL Or SUCH RIGHTS, TITLES, INTERES13 At7D PRIVILESCS 30 ACQUIRED, EXCEPT TO THE EXTENT THAT THE EXISTIfiD PIPE LINOS ARE ADJUSTED IN ACCORDANCE WITH THIS AGRECMENT. WITNLSSETH THE SEALS AND SICNATURES THIS DAY or ," ' CITY OF CCRPW CKIISTI ATTESTf Sys . - H£6;]EfiT L;• 'acH17NEY, CITY MANAGER CITY SECRETARY APPROVE') AS TO LEGAL M. -a "l THIS TIC DAY CITY VwNEY 013LC PIPE UZ CCVP.I',Y ATTESTt Br_ 'rCRETARY, IP',+'HZLE Pin Lmr COMPANY TW STATE CF TEXAS Cwmr Of tn..CES { - CEFORC ME, THC UNDERSIGNED AUTHORITY, CN THIS DAY PERSONALLY AP- PEARED HE 9t :T 4:. kHITI;EY, CITY mANAGEII Cr THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO HE TO BE THE PERSON WHOSE NAME IS SUJSCRISE6 TO THE FOREGOING IHSTRU- WENT AND ACKnovi EDGED TO ME THAT HE EXECUTED THE SAME FOR THE PUFPOSCS AND CONSIDERATION THERGIN EXPRESSED, AND IN THE CAPACITY YHERvu STATED ANO AS THE ACT. AND DEED OI< SAID CITY.. - - GIYF.It UNX:: 14Y WN) Ali.) SEAL; OF OFFICE,- THIS THE DAY OF 1939• NOTARY PIM IC 1N,AN0 FOR iNECES COUNTY) TEXAS THC STATE QF TEXAS � GOUNiY W RLUES $EFQT£ %Ca TH£ ur=A$I.CNED AUTHORITY, ON THIS DAY P£RSQNALLY AP - PEAKED - - s FRLSID£NT Of WmL•LC PIPE LIKE COMPANY, KNOWN TO HE TO eE THE PERSON AND OFFICER VHOSE HARE IS SU©SCRIBEO TO THE FORt+ GOING IHSTFIUHENT AN> ACKNOWLEDOLD TO HS THAT THE SANE WAS THE ACT Or THE $AID '.HUM9L6 PIPE LINO COMPANY, A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATIOU TNPEIN EXPRESSED AHD IN THE CAPACITY THLREIN STATED. GIVEN UI+J[C�Itp�MY HAND AtIJ SEAL OF 4Ff ICE, THIS THE DAY 1w VT 'r- {J StiitD�_ hOTARY F'U3LIC 14 AND FOR t.U$ &E& COLPITY, TEXAS I