Loading...
HomeMy WebLinkAbout05513 ORD - 10/07/1959JAW:JKH•10 -6 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONTRACTS WITH THE SOUTHERN PIPELINE CORPORATION REQUIRING THE JUSTMENT, LOWERING AND CASING OF SEVEN EXISTING PIPELINES REQU RED FOR THE CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL SUM OF $14,443.87, COPIES OF WHICH CONTRACTS ARE ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $14,443.87 FROM THE BRIDGE REMOVAL AND RELOCATION BOND 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 CONSTITUTE AN OBSTRUCTION TO THE PROPOSED SAVAGE LANE LINE; AND WHEREAS, SEVEN OF THESE CERTAIN PIPELINES ARE OWNED BY THE SOUTHERN PIPELINE CORPORATION 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 PARTI- CIPATING 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, FOUR CONTRACTS WITH THE SOUTHERN PIPELINE CORPORATION, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, INCLUDING THE ENGINEERING SPECIFICATIONS, WHICH SAID CONTRACTS REQUIRE THE SOUTHERN PIPELINE CORPORATION TO LOWER, ADJUST AND /OR CASE, ACCORDING TO THE CERTAIN ENGINEERING SPECIFICATIONS ATTACHED TO THE CONTRACTS, SEVEN EXISTING PIPELINES THAT PRESENTLY INTERFERE WITH THE CONSTRUCTION AND USE OF THE PROPOSED SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL CONSIDERATION OF $14,443.87 TO BE PAID 5513 $ C BY THE CITY ACTING AS THE AGENT FOR THE GOVERNMENTAL BODIES PARTICIPATING IN THE BASCULE BRIDGE RELOCATION PROJECT. SECTION 2. THE SUM OF $14,4+3.87 IS HEREBY APPROPRIATED FROM THE BRIDGE REMOVAL AND RELOCATION FUND, No. 230, PROJECT 230 -55-3, FOR PAYMENT UNDER THE SAID CONTRACTS. 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 SE 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 SE 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 PASSED AND APPROVED. THIS THE 11, DAY OF OCTOBER, 1959. ATTEST: MAYOR THE CITY O F © I RPUS CHR T I , TEXAS APWOVED AS TO LEGAL FORM THIS DAY OF OCTOBER, 1959: CITY ATTORNEY P .1 * r , AGREEMENT WHEREAS, the Secretary of the Army has made a finding that the Bascule Bridge is a hindrance to navigation of the Port of Corpus Christi, and removal of the Bascule Bridge and the relocation of the railroad service therefrom is necessary; and WHEREAS, the necessary parties to such removal and relocation, the City of Corpus Christi, Nueces County, Nueces County Navigation District No. 1, Nissouri Pacific Railroad Company, the Texas - Mexican Railway Company, and Texas and New Orleans Railroad Company, have determined the route necessary for the relocation of the said railroad'service; and WHEREAS, the relocation of said railroad service will be on right- of-way that crosses certain existing pipe lines, and unless the said certain pipe lines are either lowered and /or cased, or said pipe line right-of-way acquired through purchase or eminent domain, the companies or corporations owning the said pipe lines will be damaged by the location of the railroad track, and the service thereupon, over and across their individual pipe lines; and WHEREAS, the hereinafter named pipe line owner is the owner of a certain pipe line which will be or probably will be damaged because said railroad track for the relocated railroad service will be constructed over the site of the present location of said pipe line; and WHEREAS, the cost or expense of the lowering and /or casing of the pipe lines, sufficient to protect the pipe line from damage, has been deter- mined and such amount and determination has been approved by the Corps of Engineers, U. S. Army; and 7 0 .. • •. WHEREAS, the said hereinafter named pipe line owner and the City of Corpus Christi, a municipal corporation, duly authorized to act, and acting, as the agent for the above said parties have agreed, in lieu of condemnation, to pay the cost of adjustment, relocation, lowering and /or casing of the said pipe line, hereinafter described, as hereinafter set out which is determined as being sufficient to protect it from any damage, and have entered into this contractual agreement setting out the terms, to -wit: WITNESSETH: The Southern Pipe Line Corporation, a private corporation, herein- after called "Pipe Line Owner ", for and in consideration of the reimbursement of cost by the City of Corpus Christi and in lieu of condemnation, and the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City ", duly authorized to act, and acting, as the agent for Nueces County and Nueces County Navigation District No. 1, for and in consideration of the performance of Paragraph (a) by Pipe Line Owner, hereby enter into this Memorandum of Agreement, agreeing to do the following: (a) Pipe Line Owner agrees it will, on or before thirty (30) days from the date of approval of this agreement, by the Corps of Engineers, U. S. Army, perform the work and furnish the material to accomplish, or have accomplished, the following: - Relocate its 7 -1/2" 0.D. gas pipe line from a point on the north right-of-way line of the proposed Corn Products Road for a distance of 1045 feet in an easterly direction, replace and case an additional 60 feet of 7 -1/2" 0.D. pipe with 12 -3/4" 0.D. casing, all in accordance with maps, plate and specifications marked Exhibit "A ", attached hereto and made a part hereof. -2- rT f g CO If Pipe Line Owner should be prevented, in whole or in part, from fulfilling its obligations under this contract by reason of inclement weather preventing performance or by reason of other unforeseeable occurrences or circumstances reasonably beyond its control which prevent performance, then the date of obligation to perform Paragraph (a) shall be extended by the number of days of inclement weather or said other occurrences or circumstances prevent- ing performance. (c) City agrees to pay Pipe Line Owner the sum of One Thousand Seven Hundred Forty -seven and 46 /100ths Dollars ($1,747.46) upon the completion of performance of Paragraph (a), as evidenced by certification of performance by the engineering firm of Harrington & Cortelyou, and a letter from an officer of Pipe Line Owner that Paragraph (a) has been performed. (d) Pipe Line Owner agrees that the said sums to be paid by the City upon the performance of Paragraph (a) is the full remuneration owed to Pipe Line Owner and covers and includes all cost and expenses of any and every nature incurred in performing Paragraph (a) and is full consideration paid by the City, in its said capacity, and that the performance of Paragraph (a) sufficiently protects said pipe line from damage because of the use of railroad train service. (e) Pipe Line Owner agrees to hold harmless and indemnify City, Nueces County, Nueces County Navigation District No 1, and the United States Army for any and all damages or claims for damages by any person, firm or corporation, resulting from or as a result of, any negligent act or omission to act of Pipe Line Owner or any person, firm or corporation acting for, and with the consent of, Pipe Line Owner in connection with the said pipe line relocation and /or adjustment, and /or easing, and /or removal activities as contracted herein. -3- J • b � 6 d (f) Pipe Line Owner will use the same reasonable are and diligence customary in the pipe line business in performing Paragraph (a). In the event of crop or land damage for which Pipe Line Owner is legally responsible to a third party because of crop or land damage, City and Pipe Line Owner agree that Pipe Line Owner will make no payment to said third party, unless authorized by City in writing, but will notify City whereupon City will undertake and assume all negotiations, settlements and /or defense of litigation involved, and subject to the above, City will hold harmless and indemnify Pipe Line Owner from any liability to said third party for said reason. (g) The City and Pipe Line Owner agree that this Memorandum Agreement becomes in full force and effect upon approval of this contract by the Corps of Engineers, U. S. Army, evidenced by a letter or copy thereof by the said Corps of Engineers denoting approval. Witnesseth the seals and signatures this day of , 1959. ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS the day of , 1959. City Attorney ATTEST: Assistant Secretary eke CITY OF CORPUS CHRISTI By Herbert W. Whitney City Manager SOUMIRST PIPE LINE CORPORATION By President 1 •• 1 • .. , I certify to the City Council that the money required for the oontract, 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 Z 3 o 454-424,4, --�- {��- Azad from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance 0 • ♦ i • p G • a a' CORPUS CHRISTI, TEXAS /(^ � 7 DAY OF '19 -� 7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, 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 SE READ AT THREE MEETINGS OF THE CITY COUNCIL; 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, 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. 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. C I TY OF CORPUS- CHR ISTI, TEXAS LEGAL Di 'ARTME," e ORDINANCE NO..4 ri PASSED AND APPROVED THIS DAY OF O0T'. , 1959. RECORDED IN VOL. PAGE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONTRACTS WITH THE SOUTHERN PIPELINE CORPORATION REQUIRING THE ADJUSTMENT, LOWER- ING AND CASING OF SEVEN EXISTING PIPELINES REQUIRED FOR THE CON- STRUCTION OF THE SAVAGE LANE RAIL- ROAD TRACK, FOR THE TOTAL SUM OF $14,443.87, COPIES OF WHICH CON- TRACTS ARE ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $14,443.87 FROM THE BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230; AND DECLARING AN EMERGENCY. CITY OF CORPUS CHRISTI, TEXAS LEGAL DEPARTMENT 9 /5'- 7 "' -Re%c at i.s36` -C.L -Water Main SPECIAL NOTE- GA5ING Clear 36 'Wate Main by Pi; Have Min of /Z° Corer In Ao SioPe Downward ro The North With RegrtireLnuen is • 1 •• 1,0001 td Ize)o�la1e d 3 StotbAe�' 9 /5'- 7 " -Re%C &led _ _L— - - -- 74'- • Remcv -d W /ve) 8' SCALE /'O /00 Scale / ", /a'O / 5' 3S' — — — '` — — . amen/ I — "e,1. G.I, - - 3& Water. Main 1 /30 7 '- Reheated W %th 1 60' /z",CasIny r36 ° -G,L -Water Main SPECIAL NOTE-CASING Musr Clear 36 ',i✓atel Main by Min of l2'i Have ITin of l2" Corer In Borrow Ditchs 5 /ope Downward To The North To Comply IJ>th Requirenlen is ''Gas line CASING 6O'- /2 "- Min. of 33 38 0,4 7. - L W SeR /- Neoprene or Standard Spacers- Fiberq /dss or Standardt -About 15' Confer toCenfer VE/V Ts 2" Line Pipe MBX, cf. /' inside R.O. W. Top - 3'-00"Ahove Neitara/ Ground .1 /14/434' % A" • • DATE BY REVISIONS SOUTHERN PIPELINE CORPORATION ENGINEERING DEPARTMENT CORPUS CHRISTI. TEXAS SAXET FIELD - CAS, NGNEAD GAS SYSTEM NEW COR/V PRODUCTS ROAD Proposed Crossing e Re /ocat/on On the Donn/9on i Weil Tracts SUBM. DR. CH. APPD. G a FILE NO. S -JS DATE I SCALE 3/5158 I / /00'