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HomeMy WebLinkAbout16234 ORD - 05/13/1981ls/5/11/81;1st /0 AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO VALERO TRANSMISSION COMPANY TO INSTALL, OPERATE AND MAINTAIN A 2 -INCH GAS LINE ALONG HUNTER ROAD BETWEEN THE WESTBOUND OUTER ROADWAY OF I.H. 37 AND THE NORTHERN'CITY LIMITS OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a revocable easement to Valero Transmission Company to install, operate and maintain a two-inch gas line along Hunter Road between the west- bound outer roadway of L.H. 37 and the northern city limits of the City of Corpus Christi, all as more fully set forth in the revocable easement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. The necessity to execute the aforesaid revocable easement at the earliest practicable date creates an imperative public necessity requiring the suspension of the Charter,;rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor or Council members, having declared that such emergency and necessity exist, having requested the suspension of the Charterj,rule 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 SO ORDAINED, this the /3 day of May, 1981. ATTEST: APPROVED: /3 DAY OF MAY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY 16234 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED SEP 2 714,Iq THE STATE OF TEXAS COUNTY OF NUECES X REVOCABLE EASEMENT That, the City of Corpus Christi, Texas acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum, of one hundred seventy and no/100 dollars ($170.00) to it in hand paid by Valero Transmission Company, hereinafter referred to as Grantee, said fee to be based on the fee schedule_provided for in Ordinance Number 15235, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and_CONVEY, upon the condi- tions hereinafter stated, unto the Valero Transmission Company the right to install, operate, and maintain a two-inch gas line -at -mg Hunter Road between - , the westbound outer roadway of Interstate Highway 37 and the northern city limits in the City of Corpus Christi, as shown on the attached Exhibit "A". TO HAVE AND TO HOLD the same unto the said'Valero Transmission Company their successors and assigns, together with the right and_privilege-at any an& all times to enter upon the right-of-way of bunter Road,-as_shown on Exhibit • "A", for the purpose of constructing and maintaining said gas line, and -it is further understood that the foregoing easement and right -is granted upon the following conditions and terms: -1. -'All-work proposed shall equal or exceed Department of" Transportari-on Pipeline Safety Standards (Part -'195- Transportation of 114uids by .pipeline -- October 6, 1969 or latest revision) for the transportation of liquids by pipeline. 2. The lines are to be placed such that no portion of the gas line will be no shallower than forty-two inches from existing ground or roadway pavement and/or roadside ditches. 3. All road crossings may be installed by the open cut method. 4. Maximum operating pressure for line will be 400 psig. 5. It is understood and agreed that the right and easement herein granted may be revoked at any time by the City of Corpus Christi, and Grantee may be required to remove the aforesaid gas line upon ninety (90) days notice in writing. 6. Grantee will save and keep harmless the City of Corpus Christi, from any and all claims for liability by reason of the construction of said gas line, 'or the operation, maintenance or existence thereof. 7. Grantee will repair or cause to be repaired any damage to any street, sewer, storm sewer, drainage facility, underground lines, wires, or pipes owned by the City of Corpus Christi or holders of any franchise from the City, by reason of the construction of said gas line and the operation and maintenance thereof. Grantee will apply to the Director of Engineering and Physical Devel- opment for a permit before disturbing any part of any street area applicable. 8. All rights granted hereby shall be subordinate to all uses as the City may make of such street right-of-way for public purposes. Grantee shall adjust or relocate the above described gas line, if neces- sary, for—the-present or future construction of any public utilities, or change in street grade or patterns on the streets or for any other reason of the City stated in writing to Grantee, at the points above described. 9. This conveyance and agreement, and all the terms and provisions hereof, shall bind and inure to the benefit of Grantor and Grentee-and the respective essees, licensees, successors and assigns of Grantor and Grantee.__ Grantee, - its successors and assigns, is hereby expressly given and granted the right to assign the rights and easements herein granted and -conveyed or any part thereof or interest therein to any person, firm, corporation, partnership or other entity, and such rights and easements. are and shall be divisible among two or,: more owners so that each.assignee or owner -shall have and enjoy -said rights --and_ easements either separately or together. - _= 10. Grantee -is -expressly prohibited from the sale and distribution -of-- ' natural gas to consumers, whether industrial, commercial or residential, within' the corporate limits of the City of Corpus Christi. It is expressly provided that, as used in this paragraph, the sale of "natural gas" shall not include the intercompany sale or transfer of either fuel gas or fueling form, used and consumed in the fractionation, heating, distilling or manufacturing process of Granteee, its subsidiaries or affiliates. It is mutually understood and agreed that this agreement as written covers all covenants, agreements, and stipulation between the parties and that no representations or statements, written or oral, have been made modifying, adding - 2 - _} C to or changing the terms hereof, and that the party securing this conveyance on behalf of Grantee is without authority to make any representation, stipula- tion, covenant or agreement not herein expressed. IN WITNESS WHEREOF, the City of Corpus Christi has caused these present to be executed this the day of , 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager THE STATE OF TEXAS X 'COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, know to me to be the City Manager of the CITY OF CORPUS CHRISTI, TEXAS, and the same person who signed the foregoing instrument and acknowledged to me that he executed the same as the act of the CITY OF CORPUS -CHRISTI, and as City Manager thereof, for the purposes.and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1981. APPROVED: day of , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney - 3 - Notary Public in and for Nueces County, Texas The above and foregoing grant and easement is hereby accepted this the day of , 1981, by Valero Transmission Company, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said Valero Transmission Company is bound by all of the terms of the same. ATTEST VALERO TRANSMISSION COMPANY By THE STATE OF TEXAS COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared , known to me to. be the person who signed the above instrument and he acknowledged to me that the same was executed for the purposes and consideration therein expresses, and in the capacity of 1981. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day -df - 4 - Notary Public.in and for Nueces- County,- Texas- iC.F.C.0,,N, .UE • 7,7 • r ,?I ERGYCORPORATION . • Office Box' SOO " Ben Antonio, Ts xa's 78292 StlosedUry TRANSMISSION .-'COMPANY,:-',;' 37.16-81 7.---. • c.i.e.4”,ii,-7 were 4, 7Ast, . 1..= AFE iging 5`.Tir,; NO. 25 =h ' REPLACEMENT :_t••••,% NLIECES".;-r.OUNTY,T,E. Approved. Dosion PR9T0vad - Eivr. ,-En 25 20 -7: I Af'!„-.4,i7!: — pos3TIQN WITHIN CITY LIMITS LoVSSED BY 121EVOCASLE 0A9E- MEt' T. EX M I13rE IAS 2 " GAS P/PEL /N /¢50' oF REPLACEMENT f{;IINT i W160 tt UP RIVER RD. • �L \ALM) EN,ERGY00 SCORPORATION 111 l7/NERD LATERAL REPLACEMENT No, 25-4 Cyt jEC$ COUNT iiiiccsmY) TEXAS SuDil0lery pn.n Or G.C. misimmcmi I. 11111111®�E30854 ��,8 _ _ 11 IIIIIU/. Corpus Christi, Texas /a day of , 19 ?/ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. .Respectfully, Council Members Respectfully, MAYOR The ity of Corpus Christi, Texas The Charter rule was suspended by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: by the following vote: