HomeMy WebLinkAbout05575 ORD - 11/18/1959JAW:JKH:11 -17 -59
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE A CONTRACT WITH TRADE WINDS MOTEL REQUIR-
ING THE ADJUSTMENT OF CERTAIN EXISTING P_PELINES
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COPY OF WHICH EONTRACT IS ATTACHED HERETO AND
MADE A PART HEREOF; APPROPRIATING THE SUM OF $425.00
FROM THE BRIDGE REM07A-rUD-F EMCATION BOND F ND
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 CON-
STRUCTION OF THE PROPOSED SAVAGE LANE RAILROAD TRACK FROM ACROSS THE
SHIP CHANNEL TO HIGHWAY 4:; AND
WHEREAPO THERE ARE EXISTING CERTAIN PIPELINES WHICHS UNLESS
LOWERED AND CASED ACCORDING TO THE ENGINEERING SPECIFICATIONS, WILL
CONSTITUTE AN OBSTRUCTION TO THE PROPOSED SAVAGE LANE LINE; AND
WHEREASO CERTAIN OF THESE PIPELINES ARE OWNED BY TRADE WINDS
MOTEL, WHO IS AGREEABLE TO ADJUSTING EXISTING:P7'BELINES, AS NECESSARY
FOR THE COST OF SUCH ADJUSTMENT; AND
WHEREAS, THE CITY OF CORPUS CHRISTI HAS BEEN DULY APPOINTED
THE AGENT FOR THE SEVERAL RAILROADS AND GOVERNMENTAL AGENCIES PARTICIPAT-
ING IN THE BASCULE BRIDGE REMOVAL PROJECT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION I. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTES FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A
CONTRACT WITH TRADE WINDS MOTELS A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF INCLUDING THE ENGINEERING SPECIFICATIONSx REQUIRING
THE SAID TRADE WINDS MOTEL TO ADJUST CERTAIN EXISTING PIPELINES, ACCORDING
TO CERTAIN ENGINEERING SPECIFICATIONS THAT PRESENTLY WOULD INTERFERE
WITH THE CONSTRUCTION AND USE OF THE PROPOSED SAVAGE LANE RAILROAD
TRACKS FOR THE SUM OF $425.00 TO BE PAID BY THE CITY ACTING AS THE
AGENT FOR THE GOVERNMENTAL BODIES PARTICIPATING IN THE BASCULE BRIDGE
PROJECT.
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SECTION 2. THAT THE SUM OF $425.00 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 SUSPENDEDS 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 PASS GEC IT IS ACCORDINGLY PASSED AND
APPROVED, THIS THE / p DAY OF 1959•
t-� MAYOR
ATTEST-
7A / Z THE C17Y OF RI CiR1STI, TEXAS
CITY ECRETARY S
APP��tWEED� AS TO 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; ARD
WHEREAS, THE NECESSARY PARTIES TO SUCH REMOVAL AND RELOCATION,
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, NUECES COUNTY NAVIGATION DISTRICT
NO. It 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
OWING 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 ANDAR 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:
W I T N E S S E T H :
THE Oy /D r2C . 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 -
IMAFTER CALLED "CITY", DULY AUTHORIZED TO ACT, AND ACTING FOR ITSELF AND AS
THE AGENT FOR NUECES COUNTY AND NUECES COUNTY NAVIGATION DISTRICT N0. 1, 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 DF ENGINEERS, U. S.
ARMY, PERFORM THE WORK AND FURNISH THE MATERIAL TO ACCOMPLISH, OR HAVE AC-
COMPLISHED, THE FOLLOWING:
P,c %z<-EacAe'l S)f-efcl�. '
-2-
ALL IN ACCORDANCE WITH MAPSy PLATS AND SPECIFICATIONS MARKED EXHIBIT "An,
ATTACHED HERETO AND MADE A PART HEREOF. -.
(B) IF PIPE LINE OWNER SHOULD BE PREVENTEDy 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 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) 18 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 CAPACITYO 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 OFf ANY NEGLIGENT; ACT_ OR -OMIS-
SION TO ACT OF PIPE LINE OWNER OR ANY PERSON' FIRM OR CORPORATION ACTING FORS
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AND WITH THE CONSENT OF, PIPELINE 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 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
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1959s
CITY ATTORNEY
ATTEST:
SECRETARY OF PIPE LINE OWNER
CITY OF CORPUS CHRISTI
BY
HERBERT W. WHITNEY
CITY MANAGER
P-1 PE LINE OWNER
BY
PRESIDENT
CORPUS CHRISTI) EXAS
/ d DAY OF 19�
TO THE MEMBERS OF THE CITY COWCIL
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 REQUIRENENT-THAT NO ORDINANCE OR RESOLU-
TION SMALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH
ORDINANCE OR RESOLUTION SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL;
I, THEREFORE, HEREBY REQUEST THAT TOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 18 INTRODUCED, OR AT THE
PRESENT. MEETING OF THE CITY COUNCIL.
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
ELLSoT KING —t--
JAMES L. BARNARD
MRS. RAT AIRREART a
JOsapH B. DUNN
PATRICK J. DONNE
R., A. HUMBLE
GARB Law, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRREART
JOSEPH B. DUNN
PATRICK J. DONNE
R. A. HUMBLE
GABE LozANo, SR.
r-
11 -17-59
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 Ho. 230 BRIDGE REMOVAL AND RELOCATION BOND FUND
($425-00)
Fund frpw which it is proposed to be drawn, and such money is not
*pproprigted for any other purpose,
rector of Finance
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