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Home My WebLink About05540 ORD - 10/28/1959JAW:JKH:10 -26 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH TEXAS PIPE LINE COMPANY REQUIRING THE ADJUSTMENT AND ENCASING OF AN EXISTING PIPEL =N NECESSARY FOR THE CONSTRUCTION. OF THE _SAVAGE LANE_ RAILROAD TRACK, FOR THE TOTAL SUM OF $3,309 -b(, COPY OF CH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $3,389.87 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 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 SPECIFICATIONS, WILL CONSTITUTE AN OBSTRUCTION TO THE PROPOSED SAVAGE LANE LINE; AND WHEREAS, CERTAIN OF THESE PIPELINES ARE OWNED BY TEXAS PIPE LINE COMPANY, WHO IS AGREEABLE TO ADJUSTING AND ENCASING AN EXISTING PIPELINE, AS NECESSARY, FOR THE COST OF SUCH ADJUSTMENT 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 9. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH TEXAS PIPE LINE COMPANY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF INCLUDING THE ENGINEERING SPECIFICATIONS, REQUIRING THE SAID TEXAS PIPE LINE COMPANY TO ADJUST AND ENCASE AN 8° PIPELINE, ACCORDING TO CERTAIN ENGINEERING SPECIFICATIONS, THAT PRESENTLY WOULD INTERFERE WITH THE CONSTRUC- TION AND USE OF THE PROPOSED SAVAGE LANE RAILROAD TRACK, FOR THE SUM OF $3,389.87 TO BE PAID BY THE CITY, ACTING AS THE AGENT FOR THE GOVERNMENTAL BODIES PARTICIPATING IN THE BASCULE BRIDGE PROJECT. 5540 SECTION 2. THAT THE SUM OF $3,389.87 IS HEREBY APPROPRIATED FROM THE BRIDGE REMOVAL AND RELOCATION PROJECT, FUND N0. 230, PROJECT 13 -55 -37 FOR PAYMENT UNDER THE SAID CONTRACT. SECTION 3. THE FACT THAT CERTAIN EXISTING PIPELINES ARE A HINDRA14CE 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, � THIS THE (�.lJ DAY OF._C Q 1959• ATTEST: MAYOR THE CITY OF CO US CHRIS I, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF 1959: CITY ATTORNEY 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 NO. 1, MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - MEXICAN 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 TRACKS AND THE SERVICE THEREUPONS 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 WHEREAS, THE SAID HEREINAFTER NAMED PIPE LINE OWNER AND THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, DULY AUTHORIZED,TO ACT, AND ACT- ING FOR ITSELF AND 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: ��-- pp�� W 1 T N E S S E T H s THE A�1°�� A PRIVATE CORPORA — s 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 DISTRICT N0. 9, 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, 9.0 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: ACCORDING TO SKETCH ATTACHED HERETO. -2— ALL IN ACCORDANCE VITH 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 PART, FROM FULFILLING ITS OBLIGATIONS UNDER THIS CONTRACT BY REASON OF IN- CLENENT 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 SKID 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, _3_ 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. (F) PIPE LINE OWNER WILL USE THE SAME REASONABLE CARE 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, 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 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 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 DAY OF , 19'"59; CITY ATTORNEY ATTEST- SECRETARY OF PIPE LINE OWNER CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY CITY MANAGER PIPE LINE OWNER BY PRESIDENT ink %OTt '. ThSOLATItAfi, STPCERS To t%. 1p= APARS AtATj NO-V tVA.rRF Ccv9TlkX GwTS 10 -26 -99 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. 230, BRIDGE REMOVAL AND RELOCATION BOND FUND PROJECT 13 -55 -3, ($3,389.87) - f+=d from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance i TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS CORPUS CHRISTI, TEXAS VDAY OF & l9_Cf 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 SMALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SU" ORDINANCE OR RESOLUTION SHALL 8E READ AT THREE MEETINGS OF THE CITY COUNCIL; 1' THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE - NENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 13 INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, C� YOR THE CITY OF 0 PUS CHR TIC TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN �f PATRICK J. DUNNE R. A. HUMBLE GAB& LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VO ES ELLROY KING ctJAMES L. BARNARD LAIRS. RAY AIRNEART GLGv JOSEPH B. DUNN PATRICK J. DUNNE 'f R. A. HUMBLE ' - -GABE LOZANO, SR. qF,