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HomeMy WebLinkAbout05508 ORD - 09/30/1959y JA6d:JKH:9 -28-59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE HOUSTON NATURAL GAS CORPORATION EQUI I 1 THE AD USTMENT, 0!E ING AND RELOCATION OF CE TAIN EXISTING PIPELINES, SAID ADJUSTMENT BEING NECESSA Y FO HE CONS RUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE SUM OF `13,573.o6, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF (91 , 73.06 OUT OF THE BRIDGE REMOVAL AND RELOCATION BOND FUND, NO. 230; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY, IN CONJUNCTION WITH OTHER GOVERNMENTAL AGEN- CIES, 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 CONSTITUTE AN OBSTRUCTION TO THE PROPOSED SAVAGE LANE LINE; AND WHEREAS, CERTAIN OF THESE PIPELINES ARE OWNED BY THE HOUSTON NATURAL GAS CORPORATION WHO 15 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. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE HOUSTON NATURAL GAS CORPORATION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF INCLUDING THE ENGINEERING SPECI- FICATIONS, REQUIRING THE SAID HOUSTON NATURAL GAS CORPORATION TO LOWER AND CASE, ACCORDING TO CERTAIN ENGINEERING SPECIFICATIONS, CERTAIN EXISTING PIPELINES THAT PRESENTLY WOULD INTERFERE WITH THE CONSTRUCTION AND USE 5508 B AGRTi"�i LI' trF L*f -•Aj$, The Sacretary of the Army has made a fiading that the Uascula nridge I* a hindrance to navigatinn .)f the 1 :art of Carpus Christi, anei removal of the bascule Orid,'fO and the relneatlon oil the railroad Gera vice therefrom is necessary; and WffKp tS, Ibe necessary parties t^ Oueb romp ral and re3lrrcatisrn, the City of Corpus Cbristi, KUOCO s i 'Junty, 14u"96 4^uuty Navitatior, t >Yaa tract t3ra. 1, aisanouusi tacitic >allroad t- aavponY, the Texas-ftZicaD Roll way empany, and Texas and New .rlesnlR railroad t,ompaay, have detcruiaed the route naaceseary for the relocation oS the said Railroad service; and WUV.R4A6' The relncatien tzf said railroad service will be on right c►f ray that crosses certain existing pipe lines, sod unless the said certain pipe lines a" either lowered and / +3r cased, or reec►natructcd at a new and different 1!mati00. or said pipe line rUbt ,f way acquired through purchase or smineat domain, the companies or corprrati"a owning the said pipe lines will be damagod 4y the 1('catinn of the railroad tsaeh, and the service ther©uponr eves' and aerc'aa their individual pipe iiuea; a'd 3 HIJkLAh, Tte hereinafter named pipe Ilse cmner is the Ywner of a certain pipe line facilities which will ire dama4ed because said rail- road track foe tire_ reloessted railroad per °ice will be construct(id over the site of the present lcrcatirm tai said pipe line facilities; and !p'dj*t,Ah, The asst or eacpe,sse .)f the casing and Construction *f certain reylecaeent piPO line_ facilities at n different jovatlilu. i +z cutler to P"tect the pipe line facilities frees dam€ a, bas been deter - mined and agreed upo» by the parties heret-A and such amount and determi- nation hart bean appwoved by they a:.nrp" of '- Mineaeres, €1. ,,. Arny; and lkllis'i Xkjk, in lieu of coudesenstif)n the City of c.-,rpus hrinti, a OA101101 corporatlan, acting jor it*elJ , and duly aatbcrriv-ed t'�' act, mad actin„ as the Aitat for Nuaces County and Nuecew e.nurity NavijatiaV nlstrict No. 1, has ab,reed to pay to the hereinafter ;eased pipe Line cma- er the entire CfM% Of aa]justmeut, relc4atiou, and reeunistructloo of the ante! pipe 1100 facilities hereinafter described, as harelsafter Get out Sod-Weld City, in the capacities stated, mod said wipes Line 'moor desires to antes into this Contractual agreement settiw,; out the terms of the agreement botweea them, to --wit: The fk"MtOD Natural Gam U.Irpnratieu, a privat0 0"puratinn, hereinafter caller! "I"ipe Line cwnear", for and In consideration of the rea- Udx"Wem"t of cost by the city of ►:arpues Christi as hereinafter provided and in liesas Of caaehkimnatin: :, and the t ity of Corpus Christi, Texas, a as sicipal corWration, hereinafter called "City", acting for itsell, and duly aauth0r1sed to act, and actisaer as the anent for Nue¢es Gounty mad itu0ceW COuarty Navigation "atxiCt No. 1, for and in consideration of the OWfrJaMb a of Paragraph (a) by .aipo Line (twne'er. hereby enter into this NesMraOdua+ of Agreements agroelm& to do the followings (a) Pipe Line .)wncr agroes (subject to the fulfillment r =f the 1woviso heroinattter set forth to be kept and perf =eased by the r ity crf Corpus 4hristi) that it will, ern or before 6U days frva the .tats of rocelpt by it of notice of mrpnrerval of this aNreemat, by the Corps of "914eass, U. S. Arley, perform or have perform" the work and furnish or have furnished the material to ae-rca club, or have accomplished. the Sol - lxAring work; provided, heawev- v, via% Loxes '` +Ity of Vorpus Christi or other aprpropriato buthority ill havo first acouired all right of way for what will bg kwumm aW 'fi w Carr, rr*dutts ftnsd" before Pipe Wan sever shell be obligated to commence anp of the witi, ac'ireia cooteftplatat„ 2 - 9f MK T? Lair < +F..i ,2agp 3V plpE L1st i -;wXy scctioa 1, Revise OXIStW facility near :3aysge Lope rallvftd junction; install 1 70' ,$f I'D" casing pipe on existing, S" gas meta. Railroad Vagr. :stn. 351r(50. (see L'ftibit "10 ", attached) . 5ecticm 8. install now 6" mesa along alternate route around rsilrmaad yard betweqw LaxLwgtoa alvd, and Corn i- Ynductms &)ad. The existing 988 main remaiaiae; Within the railroad 3oLut yard right of Way Will he abandoned An place. (bee w1hibit "ms ", attached). (b) If Pipe Line •,user should be prevented, in wbale or to part, f. fulf111389 its nell tlons under this cootraet by reason of inclement Weather preV0at1n4 performance or by reason of other occurrences er ciroM*tameea reasomsablp lsayund its cuattol which prevent T-wrtorma nee, than the date of obItgatioa to perform 1,aragraph (a) shall be extended by the number of days of Locloment Weather or said other occurrences or 41remataneea'preventlag perfar"nee. (c) Uity agrees V) Pay pipe Line CAYMer the seam of �13 u?3 88 upon the empletion at partwomarea of (-,arag"ph (a), as evidenced by cer- tificstina of perfOraumbce by the Wineering flmrm of Harrington u Gvrtsl- you, and a letter from an officer of _Pipe Line times that Paragraph (a) has been performed. (d) pipe Line Owner *green that thv said seea: to be paid by the City upon the performance f Paragraph (a) to the !Cull remuneration Mwed to Pipe Lisa owner hereumder and covers and Includes all reimbursable cwt and expeaeea of any sand avar5 mature incurred is perfaraing Fara^- grarh (a) and is full - pssJAerati--n paid i3y the City, in Its amid capacity. (h) Aurisa the perked wipe IrIM (xns(er is eagaged in per - toenancp of Paragraph (a) herein, Pipe Line OvDerr agrees to hold haraleas 3- and indemnify City. Kueces county, Nueces (;panty ftvigatioa QistrI t bo. 1, and the United States Arsq for any and all damages or claims for dam - ages by any psrean, firs or corporation, resulting from or as a result of, Say MMUCest act or omissions to act of nips Line Owner ar any per- son, lira or corporation actinC for, and with the consent ot, pipe 1.100 Cvner in connection with the said Pigs Line relocation and /or adj%ptneat, sodiorr easing, and /or removal activities as provided for hsrela. (f) Pipe Line jwner will use the ease reasonable care and dIM,, *eaee owtrmrary in the pipe line business in performing Paragraph (a). In 00 sweat Of c"p or lased damage for wbioh pipe Line +:stoner is legally responsible to a third party bemuse of crop or land damage. not caused by uegllgesce, city and k,Ipe sine tvosr agree that Tripe Line t can - er 0111 unbe an payment to said third party, unless authorised by City in writing, but will notify City vbereupaa City will undertake and *swims all nseactietioss, sattlementa and /car defense of litigation involved, and subject to the above, City will hold harmless and indemnify Pipe Line QVver frm any liability to said third party fosr said reamm. However, this paragrapb dues not chan„e Para -,rayh (e) abo" requiring indemnity to City for Pipe Lisa 6sDer's negligence. (e) The City and flipe Lima owner agree that this damoran- dua Agreement bogasim in full force and effect upon approval of this con- tract by the Corps of Wiaeers, U. 5. Array, evidsaeed 'if a letter or copy thereof by the said Corps of dap ;insera deneiting approval. (h) It is expressly understood and agreed that the tersaa and pmcsavlakwe of tW Instrument and the execution bereot by ripe Line Owner shall not ire construed as vaiving modifying, altering, Impairing, diminishing nor in any manner affecting the rights, title *, istsrests and prWleges acquired and presently owned by Pipe Line (maer under pipe 4 01,0 risht Q^t,va,y and esseawut instrument, or iastrmueatx, under vdico � pipe LIDS ftner acquired its existiM, mite line mW caber rjahtu ill than lands affected either by this vmtract twr by the reloestod railroad ser- vice route mmtloned heroin, Red Pipe Line 'guar expressly reserves sud retains to itself, its succeew)rs rud anaLgns, all of such rj,�bts, titles, intcervBts and Privileges to a"utred, except t» the extent that the ex-- luting pipe 132e8 are adJusted iu accordance with this are ,t. WITA i:.tcSWU The 9e016 end SIADAtures this w day of . 1:e59. ATM-ST s City Z4crc ery Ttm DRY t,F , 191"1 City Attorney tir�ust � x " tural Gas c rn. by HOMM T. Wey. City MaGazer Arr V Vice xyr �dejat B-Ck Rh :Ards'. The undorsi,,mrcd authority, oa this day pars m-- ally appeared HiSTORT W. W1111 IT, City Da n „•er of the City gat (-Or*te Christi, Toms, Eu tym V) s¢ to be the. versos who” acme tea subscribed tO the fureg,)Ing ioutrut4svt and achnnvielgA tr* me that he cxeeated the some for the purposed and v nsiaderatt -m thoreiu expressod, and its the ca- .. g - pacity therein stated n:)d as the Act and doed of said City. fs[VFN UMDF^ eel tiA.'sV AXE SHAL OV ,ar "CUL, tbiss the day -if ary Mile in A Tor itaeeceft uauoty, Texas; TkI MATV, .W TEXAb I C•cri3m 'PV IlAwto I B; Irnwje a3:, The ulldearsl,�Ded authority, on this day person- ally appeared C'arrivwton f",n, Vice l•rassidQat of Uouston Natural CAM iLorporation, know» to n e to be the perss>s and officer vb+ose uamm is seine- - svcribsed to the foregoing lasotrumont and acknomlodged to me that the "we was the act of the said Wmaton IAtural Gas Corpnratims a corKoration, and that he executed the sane as the act of such oorpnration for the Vs p"as and caasidearatinn tbserolD expressed and As the captecity there - In stated. GIVEN UNDLE ^4 HAND ARf3 8LAL Gi' of It �;, 'TkIq the day of o r7 r c a a or Narris County, Texas rEar 11FAn. pan►,Y� ��' Mr FOR WAMS Cmmm.'e • EPTEMBEi: 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. 200 BNI DGL �E II -V AL A, :D RELQCATI ON EOHO FUr1D Fund from which it is proposed to be drawn, and such money is not appropriated for any other purposes r 7 5 Director of Finance 0 i CORPUS CHRISTI g eTEXXAA,S p pAY OF1959 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEp 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 ODINANCE OR IRTHEREFORE* HEREBY TREQUESTLTHAT YOUR SUSPENDS SAIIDECHARTERFRULE OR T REQUIIRE!L' MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY$ YOR THE Cl F CORP U CHRISTIJEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO* SR. 4 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.