HomeMy WebLinkAbout05544 ORD - 10/28/1959" JAW:JKH:10 -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 MOBIL OIL COMPANY REQUIRING THE
ADJUSTMENT AND NCASING OF APPROXIMATELY 93 FEET OF
AN EXISTING PIPELINE NECESSARY FOR THE CONSTRUCTION
OF THE SAVAGE LANE RAILROAD TRACK, FOR THE TOTAL SUM
OF $1,613-75, COPY OF WHICH CONTRACT IS ATTACHED
HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM
OF si,6i5.z FROM THE BRIDGE REMOVARELOCATION
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 MOBIL OIL 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 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
MOBIL OIL COMPANY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF
INCLUDING THE ENGINEERING SPECIFICATIONS, REQUIRING THE SAID MOBIL OIL COMPANY
TO ADJUST AND ENCASE APPROXIMATELY 93 FEET OF AN EXISTING PIPELINE, ACCORDING
TO CERTAIN ENGINEERING SPECIFICATIONS, THAT PRESENTLY WOULD INTERFERE WITH THE
CONSTRUCTION AND USE OF THE PROPOSED SAVAGE LANE RAILROAD TRACK, FOR THE SUM
OF $1,613.75 TO BE PAID BY THE CITY, ACTING AS THE AGENT FOR THE GOVERNMENTAL
BODIES PARTICIPATING IN THE BASCULE BRIDGE PROJECT.
5544
SECTION 2. THAT THE SUM OF $1,613.75 IS HEREBY APPROPRIATED FROM
THE BRIDGE REMOVAL AND RELOCATION PROJECT FUND N0, 230, 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 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 � iDAY OF�� 1959•
MAYOR
THE CITY 6ORPUS CHR 6 TI, TEXAS
ATTE /
J
CITY SECRE A
AP OVED AS LEGAL FORM THIS
DAY OF , 1959:
�ATTOI.EY
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•CORPUB 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
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, SUFFLCIENT 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 CHRISTIp 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 SEIKO SUFFICIENT TO PROTECT IT FROM ANY DAMAGE,
AND HAVE ENTERED INTO THIS CONTRACTUAL AGREEMENT SETTING OUT THE TERMS, TO —WITS
W I T N E S S E T H s
THE h90BIL OIL COMPANY � 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 9°CITY', DULY AUTHORIZED TO ACT, AND ACTING FOR ITSELF AND AS
THE AGENT FOR NUECES COUNTY AND NUECES COUNTY NAVIGATION DISTRICT ND. t, FOR
AND IN CONSIDERATION OF THE PERFORMANCE OF PARAGRAPH (A) BY PIPE LINE OWNER,
HERESY ENTER INTO THIS MEMORANDUM OF AGREEMENT, AGREEING TO DO THE FOLLOWINGS
(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 FOLLOWINGS
—2—
ALL IN ACCORDANCE WITH MAPS, PLATS AND SPECIFICATIONS MARKED EXHIBIT °An,
ATTACHED HERETO AND MADE A PART HEREOF.
(a) IF PIPE LINE OWNER SHOULD BE PREVENTED, IN 'WHOLE OR IN
PART, 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 SUN 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 TALL COST AND EXPENSES OF ANY AND EVERY
NATURE INCURRED IN PERFORMING PARAGRAPH 4A) AND IS FULL CONSIDERATION PAID BY
THE CITY, IN ITS SAID CAPACITY, AND THAT THE PERFORMANCE OF PARAGRAPH (A) SUF-
FICIENTLY PROTECTS SA-10 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 ND. 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-
r ..-v
AND WITH THE CONSENT OF, PIPE LINE OWNER IN CONNECTION WITH THE SAID PIPE
LINE RELOCATION AND /OR ADJUSTMENTS 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 DAMAGES NOT CAUSED BY
NEGLIGENCE, CITY AND PIPE LINE OWNER AGREE THAT PIPE LINE OWNER WILL MAKE
NO PAYMENT TO SAID THIRD PARTY,UNLE88 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 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
s
1959-
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF __$ 1959:
CITY ATTORNEY
ATTEST:
SECRETARY OF PIPE LINE NER
CITY OF CORPUS CHRISTI
BY
HERBERT W. WHITNEY
CITY MANAGER
PIPE LINE OWNER
BY
PRESIDENT
I
•I
1
r
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.� /� /C
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
I
I
CORPUS CHRISTI, TEXAS
If DAY OF , 19. F
TO THE MEMBERS OF THE CITY CMMCIL
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 SMALL BE PASSED FINALLY ON THE DATE IT 13 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,
YO
THE CITY 0 C RPUS Ct T1, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
/
ELLRoY KING
JAMES L. BARNARD
MRS. RAY AIRHEART/
JOSEPH B. Dum /
PATRICK J. DUNNEE
R. A. HUMBLE J
GABE LOZANO, SR.✓
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NO VOTES
ELLRoY KING
JAMES L. BARNARD _
MRS. RAY AIRHEART /_
JOSEPH B. DUHN /
PATRICK J. DUNNEE
R. A. HUMBLE v _
GABE LOZANO, SR.✓ _
L