HomeMy WebLinkAbout05545 ORD - 10/28/1959JA14:JHH:90 -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 COLUMBIA SOUTHERN CHEMICAL CORPORATION
REQUIRING THE ADJUSTMENT AND ENCASING OF AN EXISTING
9 BRINE LINE NECESSARY FOR THE CONSTRUCTION OF THE
SAVAGE LANE RAILROAD TrRAC& FOR THE TOTAL SUM OF
$21,075-00, COPY OF IJHICH CONTRACT IS ATTACHED HERETO
AND MADE A PART HEREOF; APPROPRIATING THE SUM OF
$21,075.00 FROM THE BRIDGE REMOVAL AND RELOCATION BOND
FUND N0. 230; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY, IN CONJUNCTION Wt TH 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 COLUMBIA SOUTHERN
CHEMICAL CORPORATION, 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
COLUMBIA SOUTHERN CHEMICAL CORPORATION, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF INCLUDING THE ENGINEERING SPECIFICATIONS, REQUIRING
THE SAID COLUMBIA SOUTHERN CHEMICAL CORPORATION TO ADJUST AND ENCASE A 96°
BRINE LINE, 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 $29,075.00 TO BE PAID BY THE CITY, ACTING AS
THE AGENT FOR THE GOVERNMENTAL BODIES PARTICIPATING IN THE BASCULE BRIDGE
PROJECT.
5545 /
SECTION 2. THAT THE SUM OF $21,075.00 IS HEREBY APPROPRIATED FROM
THE BRIDGE REMOVAL AND RELOCATION PROJECTS FUND NO. 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 PASSAGEy IT IS ACCORDINGLY PASSED AND APPROVED,
THIS THE 9 pp�p U DAY OF- 1959.
ATTEST: MA OR
] THE CITY 0 0RPUS 4RISTI, TEXAS
VECRETARY
APPROVED AS T EG ORM THI
If DAY OF , 1959:
� Z�491
C 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, Nusces County Navigation District
No. 1, Miasouri Pacific Railroad Company, the Texas - Mexican Railway Company,
and Texas and New Crleans 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 eased, 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 coat 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 mount and determination has been approved by the Corps of
Engineers, U. S. Army; and
WHMW, 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:
W I T N E S S E T H:
The Colmbia- Southern Chemical Corporation, a private corporation,
hereinafter called "Pipe Line Owner", for and in consideration of the re-
imbursement 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, as the agent for
Nueces County and Nueces County Navigation District No. 1, for and in con-
sideration 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 sixty (60)
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:
Lower its 16" brine line from a point 30 feet West of the
West right of way line of the Corpus Christi Terminal Association for a
distance of 265 feet in an Easterly direction and case 195 feet of said
265 feet from a point approximately in Western right of way line of said
Corpus Christi Terminal Association right of way in an Easterly direction
to a point approximately in Eastern right of way line of said Corpus
Christi Terminal Association right of way, and adjust an additional
-2-
144 feet of present pipe line, 72 feet of which is on Eastern end and
72 feet on Western end of aforesaid 265 feet of 16" pipe, 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
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
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 preventing performance,
(C) City agrees to pay Pipe Line Owner the sum of $21,075.00
upon the completion of performance of Paragraph (A), as evidenced by certi-
fication 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 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) 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.l, 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-
4 I
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, 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
APPRO AS TO LE ORM THIS
THE DAY CF , 1959.
7
ity Attorney
.
ATTEST:
Ass't•3ecretary of Pipe Line Owner
CITY OF CORPUS CHRISTI
By
Rerbert W. Whitney
City Manager
COLUMBIA- SOUTHERN CHEMICAL CORPORATION
Pipe Line Owner
Hy
esident
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. .2-3,0 P
Find from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
CORPUS CHRISTIs TEXAS
fDAY OF �9�G•
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;
I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCEDg OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY'
YOA OR
THE CITY OF CORPUS C STI' TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLRoY KING
JAMES L. BARNARD D
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. `
I, 52
CLAMP
U BOLT
NOTE
CLAMP, U BOLT, NUTS 8 SPIKES TD BE HOT DIP GALVANIZED
AFTER FABRICATION
9 "x 2° Stra p iron
Drill A"
16 dia. holes
_ 1 - 5 a�
350
8 dio. rod
w
DEPT. NO 1 DEPT.
DESCRIPTION SKID _ F,
EX NUTS— NC
A'
4"x 4 * -0" long (full dim. timber)
SKIDS B SPREADER BLOCKS
TO BE CREOSOTED PINE
t
9 *„
Z= N
SPREADER BLOCK
USE ON 16 "O.D. STEEL PIPE AS CASING SKIDS
FOR 24" to 30" 1.0 CORRUGATED CASING
INSTALL ON PIPE AT 20- INTERVALS
COLUMBIA - SOUTHERN
DESCRIPTION CHEMICAL CORPORATION
EL D SUBSIDIARY OF PITTSSURGH PLATE GLASS COMPANY
'OB PIPE NO CORPUS CHRISTI, TEXAS
DRAWN BY M E K �SCAI B/M NO.
CHECKED BY I I� APPROVED liY 6165
� m
1'
i
16 Sdted.40
---- - - - --� /
Ise
DETAIL (21
DETAIL for END PREPARATION
Machine or Grind—
i1— 011 2 O It
31— 0 11
Section A — Al
SPECIAL SWEDGE NIPPLE FOR CONNECTING 16" O.D STEEL LINE TO 14DI.D. CAST IRON LINE (15.30110.D•)
Use on Brine Line Revisions with 14" C.I. Split Sleeves —MJ
Make from 16" O.D.- Sched.80- pipe (0.843 °woll )- Smooth machine finish
(2) 1 ME 8 -26 -5 End preparation toASA Cade COLUMBIA - SOUTHERN
(I MEK 8 -14 -59 Vert to 30. Si CHEMICAL CORPORATION
M k A 619 6 a
REV. BY DATE DESCRIPTION SUBSIDIARY OF PITTSBURGH PLATE GLASS COMPANY
—" DEPT. NO 1 DEPT. TInP to o I NF F IFI nOH NO CORPUS CHRISTI, TEXAS
DESCRIPTION Swed N 1 1 e DRAWN BYE-K— SCALP I"= 4a B/M NO.
16 a St e 1 PI e to 14P C.1. I CHECKED 8Y CHARGP
APPROVED BYE -'�' DATE6-17- 59 SK- I- AE;I%- 2
4
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