HomeMy WebLinkAbout05534 ORD - 10/21/1959JAW:JKH:10- 20 -59"
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CON-
TRACT WITH THE MOBIL OIL COMPANY REQUIRING THE RELQC�7ITTNG
ENCASING AND ADJUS ING OF PORTIONS F •0 XIST G PIPELINES
NECESSARY FOR THE CONSTRUCTION OF THE SAVAGE LANE WHICH CONTRACT
TRACK, FOR T TOTAL SUM OF •3
IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE
SUM OF �191.36 FROM THE BRIDGE REMOVAL AND E ION BOND
FUND, NO. 2303 ANO 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 44; AND
WHEREAS, THERE ARE EXISTING CERTAIN PIPELINES WHICH, UNLESS LOWERED
AND CASED, ACCORDING TO THE ENGINEERING SPECIFICATIONS1 WILL CONSTITUTE AN
OBSTRUCTION TO THE PROPOSED SAVAGE LANE LINE; AND
WHEREAS, CERTAIN OF THESE PIPELINES ARE OWNED BY THE MOBIL OIL COMPANY
WHO IS AGREEABLE TO ADJUSTING, RELOCATING AND ENCASING PORTIONS OF TWO EXISTING
PIPELINES) AS NECESSARY, FOR THE COST OF SUCH ADJUSTMENT, RELOCATING AND
ENCASING; 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 MOBIL OIL COMPANY A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF; INCLUDING THE ENGINEERING SPECIFICATIONS2 REQUIRING THE SAID MOBIL
OIL COMPANY TO ADJUST, RELOCATE AND ENCASEy ACCORDING TO CERTAIN ENGINEER-
ING SPECIFICATIONS, PORTIONS-OF-TWO EXISTING PIPELINES THAT PRESENTLY WOULD
INTERFERE WITH THE CONSTRUCTION AND USE OF THE PROPOSED SAVAGE LANE RAILROAD
TRACK, FOR THE SUM OF $7091.36 TO BE PAID BY THE CITY, ACTING AS THE AGENT
FOR THE GOVERNMENTAL BODIES PARTICIPATING IN THE BASCULE BRIDGE PROJECT.
.N. 1
SECTION 2. THAT THE SUM OF $7191.36 IS HEREBY APPROPRIATED FROM
THE BRIDGE REMOVAL AND RELOCATION PROJECT: FUND NO. 2301 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 EXISTS AND HAVING REQUESTED
THAT SUCH CHARTER RULE BE SUSPENDEOX 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 Ir PASS GEC IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE
/DAY OF- 1959•
ATTEST: MAYOR -
THE CITY OF PUS CHRI I, TEXAS
CIT4.CITA Y `
APPROVED AS TO LEGAL _FORM THIS
DAY OF 1959=
ATTORNEY -
_
Q
AGREEMENT WITH PIPE LINE OWNERS
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 SER-
VICE THEREFROM IS NECESSARY] AND -
WHEREAS, THE NECESSARY PARTIES TO SUCH REMOVAL AND RELOCATION*
THE CITY OF- CORPUS CHRISTI* NUECES COUNTY* NUECES COUNTY NAVIGATION DISTRICT
ND. 1, MISSOURI PACIFIC RAILROAD COMPANY* THE TEXAS- 14EXtCAN RAILWAY - COMPANY*
AND TEXAS -AND NEW-ORLEANS RAILROAD COMPANY* HAVE DETERMINED THE ROUTE NECES-
SARY 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 18 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 -
4 MINED AND SUCH AMOUNT AND DETERMINATION HAS BEEN APPROVED BY THE CORPS OF
ENGINEERS, U. S. ARMY] AND
WHEREAS$ THE SAID HEREINAFTER NAMED PIPE LINE OWNER AND THE CITY
OF CORPUS CHRISTI$ A HUHICIPAL CORPORATION$ DULY AUTHORIZED.-TO ACT' AND ACT-
ING FOR ITSELF AND AS THE AGENT FOR THE ABOVE SAID PARTIES HAVE AGREED* IN
LIEU OF CONDEMHATION$ 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 SEINE SUFFICIENT TO PROTECT IT FROM ANY DAMAGE$
AND HAVE ENTERED INTO THIS CONTRACTUAL AGREEMENT SETTING OUT THE TERMS$ TO -WITS
WITSESSETEs
THE $ A PRIVATE CORPORA-
TION, HEREINAFTER CALLED "PIPE LINE OWNER "$ FOR AND IN CONSIDERATION OF THE
REIMBURSEMENT OF COST BY THE CITY OF CORPUS CHRISTI-AND IN LIEU OF CONDEMNA-
TION, AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION$ HERE-
INAFTER CALLED °CITY "$ DULY AUTHORIZED TO ACT$ AND ACTING FOR ITSELF AND AS
THE AGENT FOR NUECES COUNTY AND NUECES COUNTY NAVIGATION DISTRFCT N0. ,$ 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 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 AC-
COMPLISHED$ THE FOLLOWING%
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,
WHEREAS$ THE SAID HEREINAFTER NAMED PIPE LINE OWNER AND THE CITY
OF CORPUS CHRISTI$ A HUHICIPAL CORPORATION$ DULY AUTHORIZED.-TO ACT' AND ACT-
ING FOR ITSELF AND AS THE AGENT FOR THE ABOVE SAID PARTIES HAVE AGREED* IN
LIEU OF CONDEMHATION$ 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 SEINE SUFFICIENT TO PROTECT IT FROM ANY DAMAGE$
AND HAVE ENTERED INTO THIS CONTRACTUAL AGREEMENT SETTING OUT THE TERMS$ TO -WITS
WITSESSETEs
THE $ A PRIVATE CORPORA-
TION, HEREINAFTER CALLED "PIPE LINE OWNER "$ FOR AND IN CONSIDERATION OF THE
REIMBURSEMENT OF COST BY THE CITY OF CORPUS CHRISTI-AND IN LIEU OF CONDEMNA-
TION, AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION$ HERE-
INAFTER CALLED °CITY "$ DULY AUTHORIZED TO ACT$ AND ACTING FOR ITSELF AND AS
THE AGENT FOR NUECES COUNTY AND NUECES COUNTY NAVIGATION DISTRFCT N0. ,$ 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 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 AC-
COMPLISHED$ THE FOLLOWING%
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ALL IN ACCORDANCE WITH MAPS, PLATS AND SPECIFICATIONS MARKED EXHIBIT °A °,
ATTACHED HERETO AND MADE A PART HEREOF.
(B) IF PIPE LINE OWNER SHOULD BE PREVENTED, IN WHOLE OR IN
PARTY FROM FULFILLING ITS OBLIGATIONS UNDER THIS CONTRACT BY REASON OF IN-
CLEMENT WEATHER PREVENTING PERFORMANCE OR BY REASON OF OTHER UNFORESEEABLE
OCCURRENCES OR CIRCUMSTANCES REASONABLY BEYOND ITS CONTROL WHICH PREVENT PER-
FORMANCE, 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 CIRCUM-
STANCES PREVENTING PERFORMANCE.
(C) CITY AGREES TO PAY PIPE LINE OWNER THE SUM OF
UPON THE COMPLETION OF PERFORMANCE OF PARAGRAPH (A), AS EVIDENCED BY CERTIFICA-
TION OF PERFORMANCE BY THE ENGINEERING FIRM OF HARRINGTON &``CORTELYOU, AND A
LETTER FROM AN OFFICER OF PIPE LINE OWNER THAT PARAGRAPH (A/ HAS BEEN PERFORM-
ED.
(D) PIPE LINE OWNER AGREES THAT THE SAID SUM 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) SUF-
FICIENTLY 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 OMIS-
SION TO ACT OF PIPE LINE OWNER OR ANY PERSON, FIRM OR CORPORATION ACTING FOR,
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AND WITH THE CONSENT OF, PIPE LINE OWNER IN CONNECTION WITH THE SAID PIPE
LINE RELOCATION AND /OR ADJUSTMENT, AND/OR CASING, AND/OR REMOVAL ACTIVITIES
AS CONTRACTED HEREIN.
A
(F) PIPE LINE OWNER WILL USE THE SAME REASONABLE CARE AND
t
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, NOT CAUSED BY
NEGLIGENCE, 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
I
NOTIFY CITY WHEREUPON CITY WILL UNDERTAKE AND ASSUME ALL NEGOTIATIONS, SETTLE-
MENTS AND/OR DEFENSE OF LITIGATION INVOLVED, AND SUBJECT TO PARAGRAPH (E)
ABOVE, CITY WILL HOLD HARMLESS AND INDEMNIFY PIPE LINE OWNER FROM ANY LIABILITY
TO SAID THIRD PARTY FOR SAUD REASON.
(G) THE CITY AND PIPE LINE OWNER AGREE THAT THIS MEMORANDUM
AGREEMENT BECOMES aN 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 a
1959-
" ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1959:
I -
CITY ATTORNEY
ATTEST:
SECRETARY OF PIPE LINE TWNER
CITY OF CORPUS CHRISTI
BY
HERBERT W WH I TNEY -
CITY MANAGER
PIPe LINE OWNER
BY
E8IDENT
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.
Director of F inane
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CORPUS CHRISTI, TEXAS
L 1 DAY OF E y 19 S
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCES 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
0 C
THE CITY RPUS CHR TI, TEXAS
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 LOZANOy SR.
THE ABOVE ORDINANCE WAS PASSED BY I_
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE G
R. A. HUMBLE
GABE LOZANO, SR.
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CIVIL ENGINEERING DEPARTMENT
DALLAS, TEXAS
DRAWN
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