HomeMy WebLinkAbout05531 ORD - 10/21/1959JAW :JICH•10 -19 -59
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO
EXECUTE A CONTRACT WITH REPUBLIC NATURAL GAS COMPANY
REQUIRING THE ADJUSTMENT AND ENCASING PORTIONS OF
THREE EXISTING PIPELINES AND ADJUSTMENT AND PROTECTING
OF CERTAIN SEPARATION FACILITIES NECESSARY FOR THE
CONSTRUCTION OF THE SAVAGE LANE RAILROAD TRACK, FOR
THE TOTAL SUM OF $4,9b1.35, COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING
THE SUM OF $4,981.35 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 CONSTRUC-
TION OF THE PROPOSED SAVAGE LANE RAILROAD TRACK FROM ACROSS THE SHIP CHANNEL
TO HIGHWAY 411; 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, THREE OF THESE CERTAIN PIPELINES ARE OWNED BY THE REPUBLIC
NATURAL GAS COMPANY WHO IS AGREEABLE TO ADJUSTING AND ENCASING PORTIONS OF
THE SAID PIPELINES AND ADJUSTING AND PROTECTING CERTAIN SEPARATION FACILITIES,
AS NECESSARY, FOR THE COST OF SUCH ADJUSTMENT AND ENCASING; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS BEEN DULY APPOINTEDTHE
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 I5 HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH
REPUBLIC NATURAL GAS COMPANY, A COPY OF WHICH IS ATTACHED HERETOAND MADE
A PART HEREOF INCLUDING THE ENGINEERING SPECIFICATIONS, REQUIRING THE SAIO
REPUBLIC NATURAL GAS COMPANY TO ADJUST AND ENCASE, ACCORDING TO CERTAIN ENGINEER-
ING SPECIFICATIONS, PORTIONS OF THREE EXISTING PIPELINES AND TO ADJUST AND
PROTECT CERTAIN SEPARATION FACILITIES THAT PRESENTLY WOULD INTERFERE WITH THE
CONSTRUCTION AND USE OF THE PROPOSED SAVAGE LANE RAILROAD TRACK, FOR THE SUM
OF $4,981.35 TO BE PAID BY THE CITY, ACTING AS THE AGENT FOR THE GOVERNMENTAL
BODIES PARTICIPATING IN THE BASCULE BRIDGE PROJECT.
5531
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SECTION 2. THAT THE SUM OF $4,981.35 t3 HEREBY APPROPRIATED FROM
THE BRIDGE REMOVAL AND RELOCATION PROJECT, FUND NO. 230, PROJECT 13-55-3,
- 7
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 TRACT 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 ORRESOLUTION
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
FROM AND AFTER !TTSSI/fJ�PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE
DAY OF ;)1959.
ATTEST:
MAYOR
THE CITY CORPUS !1 RISTI, TEXAS
CITY ECRETA
APPROVED AS TO GAL FORM TH 'S
' DAY OF • 1959:
' WHEREAS, The.Secr'etary Of the Army_,.has .made a finding that
the Bascule Bridge is a. hindrance to navigation Of the 'Port,of.Corpus
Christi,_and rettioval of the•'Bascule Bridge, and the-relocation of the
railroad .service therefromis'neceesary; and
WHEREAS, 'The necessary, parties to such 'removal 'arid reload-,
tion, The City of Corpus Christi, 1iueces'County;,Nueces Caunty'
Navigation District Moo 1, Miesouri Pacific Reilroad'Company, The '
Texas - Mexican Railway `Company 'and Texas and'New Orleans' Railroad Cvm
pany, -have determined the route' necessary for the relocation of,the
said railroad service, thereby causing. relocation Of certain portions
of the Corn Products Road; and
WHEREAS., The relocation of'said Corn,Pradutts Road'will
be on right of way that crosses certain existing pipe lines and
separation ,facilities, and unless the- said:certain pipe lines'are
either lowered and /ar cased and separation facilities meved,'the
conpahies or_ corporations owning the',said_ pipe lines and separation
facilities will be damaged by the relocation of the Corn Products '
Road, over and 'acrpse thetr'individual pipe,lines,end seperation-
facilities; and
WHERbAS, The hereinafter named oil and gas producer is the,
owner of certain pipe lines and separation facilities, which.will•be .,
or probably will be damaged, because portions of the relocated Corn_
Products Road will be constructed- over'the site of the present iota-
tion of said pipe 'lines,and'separation facilities; and
WHEREAS,' The, cast or expen9e of the lowering and/or casing
of the pipe 1ines,•sufficient to,-protect the'pipe,line,from_ramage,
relocating of separation facilities and installing: guard rails around' -
existing wells for the public safety,_has been n - determined and such
amount and determination has been, approved by the Corps of.ingineers,:
. G.-S. Army; -and
OiEREAs, The said= hereinafter named oil and gas producer
and The City of ,Corpus Christi,_a municipal corporation,., duly author - -
' ized to act, and- acting,'as -the agent for the above aaid,parties: have
agreed, in,lieu of condemnation, to pay the cost of adjustment. re
location, lowering and /Dr casing of the said pipe lines and separation
facilities, hereinafter described, as'hereinafter set out which is
- deterr•tned as being sufficient to protect it from any damage, and
have entered 'into,-this csntractual agreement Settling out the tetras,
to ■wit:
The Republic NatUra1 Gas'Company, a private corporation,
hereinafter called "Oil and:Gaa Producer °,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.muni-
cipal- corporation, hereinafter called "City ", duly authorized to act,-
and acting, as -_the agent for'Nueces County, and Nueces'County Naviga-
tion,Qistrict No. 1,, for and in consideration'of the performance of
Paragraph (a) by Gil and'Gas- Producer, hereby enter into this demo
randum of ngreement,'agreeing to do the following :, -
(a) '011 and Gas Producer agrees it_will, -on or before 45-
• clays -from the date of. approval of this agreement, by the Corps of
Engineers, V. S. - Army; perform the work and f'urni'sh the: material-•to
accomplish. or have accomplished_ the 611owingi
1. Seuaration Facilities Weil 94,
We will- relacate and tie, in_.two ::I8!',separators, as
shown on the attached - schematic :drawing -. The vessels will •
ba moved. to clear the right of _way, :.'and 10!• x 161--x
thick shell pad will be placed- ,around the relocated'ves
_sets. We will install -one 10" casing;-with 2" vents ;tcas-
ing, to extend 5" on-.ecch' aide: of right of -_way to cover' . >
three_'2a: lines. .4" casing_ with 2" vents will• Over
"• sales gas - crosai,ng..'
2 ' We1 'Gpfard
We Will and install guard_ rails •Tor our We9.l;
C•2, Weil_C -b, and Donigaii, A-6 Wells. -°- ';Weil C-6• is located
approximately •60'- �IJarth of read fright of way; •_ Weil C+-2
is- approximately 100' South of right_ +af way, and ;` t)onigen
-A=6,
is approac3.mately -40' South ,Of right of waay:.7Guards
.'are -to=te fabricated Using 1" used -drill-pipe- for posts.
and 2" tubing for three, rails. *Will -set: four 5'!a" pipe.,
4' song, in concrete. - at-_each , iodation.., Pipe post of: guard
rails, will be.'set 'inside:- the '-3ii" •pipe. for easy'remova-1
for workovers. - . -
_1r x. •.n cs •
0 *•3
L
Line 'Between ponioan "ATM- ap∎t-wei "G" jekses
tStetian -323- Sheet ,;••=
_ 'We are - to inat'at1 a;4" casing' for• one. 2" line, and
6" casing_ for one 4" line. Casing to •extend 5' an :each
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side•of• right of`-way,'and.to be vented with.2" pipe vents..
4. Canino 'alt-Water:Line and Flow Line at Donigan'A -6
(Stations 326 -321 sheet 61$) -
We are to'install.-$s casing to cover a 6" saltwater
disposal -line and -a 4 °=casing to cover n2" gas line. -
The 6" salt water line crosses.the right of way at an.an-
gle, and since'this id a gravity line, it will net be rerouted.
b., Casino Flow Line-- Don)oan D-i
We will install a 4" casing-to cover a 2" jet gas =
line just East =of n r fl inigart D-1 well. The i'lare line
that is'now"in the highway right -of -way, just North of
our Donigan "D" Lease, 9attery,- will be -removed.
(h).
41-011 .and Gas Proauter should be prevented, in -whole
or in,pert,fram fulfilling its obligations under this contract by
reason of inclement weather. preventing performance or by reason of-
.other unforeaeeable.occurrences --•-or circumstances reasonably beyond
its control which - prevent performance, then the' date of obligation
to perforPi Paragraph (e), shall be extended -by the number of'day-s of
inclement- Weather of said other occurrences or circumstances prevent-
-ing performance,
(c) City agrees to pay Oil -and Gas Producer the'sum-of
14,981.35 -upon the completion of performance of Paragraph (a), as
evidenced by'-certification,of performance by the' engineering firm
-.,of Harrington &,.Cortelyou, and a letter from,an officer of Oil,and-
Gas Producer that Paragraph (a) has been performed.
_(d) Oil and Gas Producer agrees that the said -sum to' :be-
paid by'the City upon the performance of Paragraph (a)-is the'full '
,.remuneration owned to Oil and Gas, Producer and covers and includes all-'
cost, and expenses ,of any and evexy nature incurred in performing-Para-
graph (a)_and is, full consideration.pa,td bythe City, in'its said
capacity; and that ,the performance of,Paragraph (e) sufficiently pro -;:
tects-any pipe lines and separation facilities from damage because
of the'use pf the Corn Products`Road.
(e }' Oil and:Gas Producer agraes.to hold h,armles-s and in-
demnify City, t'tueces County,,,Nuecep,County Navigation District -No. 1,
and the United States "rmy,for any . and -all damage$ or Claims far dam
' 'ages by any person, firm,or corporation, - resulting from- or as ire/milt
of, any negligent act br, nmiaeion to ect'of ail -and Gas Producer or
any. person, firm or corporation acting'for, °and with'the consent of,
Oil and`Gas- "roducer in connection with the said pipe line'relocation_ -
and /or adjustment, and /er. casing,, and /ox'rermoval :activities- as -con-
-tracted herein. ,
(f ?' 'Oil.and'Gas Producer will use' the, same-reasonable care
and diligence 'cu,staaary in.the :oil' and gas producing businese-in,'per-
farminzg Paragraph ('a).- In'the event of crop 'or land damage for which
oil-and-{gas Producer is legally `reapons1i4e to a'third party because
of crop, or land damage, ,City and Oil, and Car Producer agree that (711 '
and ,Gas Producer will ",make no payment to' said third, party', 'unless
authorized by City, in, writing, but,wi11 notify City whereupon City -
widl undertake and assume all negotiations,? settlements and/or defense
of-litigation involved, and'subject,to the above,, City will hold harm-
less and indemnify-Oil and Gas Producer' fromi any liability to said
third party for 'said.reaso'n'.
'(g) ' The City and 011 and Gas Producer agree that -this
Memorandum Agreement becomes'in fu11 force and effect -upon approval
of this contract by-the Corps of Enngineers,'U._S. Army, evidenced, by.
a letter 'or copy thereof by.the said Cc►rps-.of dngineers denoting
approval. -
dITNiSSETH the seals and signatures this .2'k day
1959.
ATTEST:- CITY OF CORI-,"GS CHRISTI
A?'ROVED AS '10 LEGAL FORM THIS'
THE, LAY OF ' , 1959;
RE,-JLFRLIG NATURAL GAS CUMPAf Y
ATTEST:.
•
10 -19 -59
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 210 RRIOGE RFMOVAL .11D RELOCATION BOND
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Director of Finance
CORPUS CHRIST I, TEXAS �
g" DAY OF C /147) '19J x-5-
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 BE READ AT THREE MEETINGS OF THE CITY COUNCIL;
1, 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,
YOR
THE CITY OF
PUS CHRI
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
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 FOLLO ING VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH Bo DUNN
PATRICK Jo DUNNE
R. A. HUMBLE
GABE LOZANO, SRo
I, TEXAS