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,
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ERGYCORPORATION
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Office Box' SOO " Ben Antonio, Ts xa's 78292
StlosedUry
TRANSMISSION .-'COMPANY,:-',;'
37.16-81 7.---. •
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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
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tt UP RIVER
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EN,ERGY00 SCORPORATION
111 l7/NERD LATERAL REPLACEMENT
No, 25-4
Cyt jEC$ COUNT iiiiccsmY) TEXAS
SuDil0lery
pn.n Or G.C. misimmcmi I.
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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: