The URL can be used to link to this page

Home My WebLink About16370 ORD - 07/08/1981sp;7/7/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL AND CONSTRUCT A PIPELINE CROSSING RAILROAD RIGHT-OF- WAY AT MILE POST 147.60, ENGINEER'S CHAINAGE STA- TION 7782 + 52, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, A SUBSTANTIAL COPY OF WHICH LI- CENSE IS ATTACHED HERETO, MARKED EXHIBIT "A," AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a pipeline crossing license agreement with Missouri Pacific Railroad Company whereby the City will install a continuous line of A.C. Class 150 pipe, 12 inches in diameter, and appurtenances, 60 feet long, at Mile Post 147.60, Engineer's Chainage Station 7782 + 52, in the City of Corpus Christi, Nueces County, Texas, as shown on the map which is part of said license, a substan- tial copy of which is attached hereto, marked Exhibit "A," and made a part hereof. SECTION 2. The necessity for providing adequate right-of-way for the placing of said pipeline for water drainage 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 such neces- sity to exist, and having requested the suspension of the Charter 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 ATTEST: y Secretary APPROVED: d DAY OF JULY, 1981 J. BRUCE.4YCOCK CITY ATTORNEY By Assistant Cit /A, orney MAY 16370 day of July, 1981. THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED.. up 271984 PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, Form 20021 10/74 June 9 , 19 81WITNESSETH: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( a Municipality of the State of Texas ), (individual, copartners or corp. & state where incorporated) to be addressed at P.O. Box 9277, Corpus Christi, Texas 784081 , hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying water drainage the Licensee's own one certain proposed (number) (proposed or existing) continuous line of A. C. Class 150 Pipe , 12-inchesin diameter, and appurtenances, including 20" steel casing, 60 feet long , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used fon water drainage . Pipe Line shall intersect Carrier's existing track , inxxx at Mile Post 147.60 of , (track or right of way) Engineer's Chainage Station 7782+52 `P{i{: A.-37 aiark,C{ , Nueces County , Texas , atXNXI{»ear Carpus Christi . (county or parish) (state) (place) Approximate location of Pipe Line is indicated by heavy black line on Exhibit A attached hereto as part hereof. 1. Licensee shall at all times keep Pipe Line in good state of repair. All work by Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do -at any time hereunder. Licensee shall adjust Pipe Line to any physical change as - made at any time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least five and one-half feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit B attached hereto as part hereof. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten -days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier shall repay difference. • Licensee when returning this license (signed) shall pay to Carrier Five Hundred dollars for the license granted herein. Any other_payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ- ing wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives. No provisions of this paragraph, nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any responsibility or liability. 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in -any manner resulting from or arising out of or in connection with the laying, maintenance. renewal, repair, use, existence or removal of Pipe Line, including the breaking of same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused and regardless of any negligence on the part of Carrier, or otherwise. - 1 - Form 20021 1074 3. Term 'hereof shall begin with June 9 , 19 31 and continue there- after until concluded (1st) by expiration of ' thirty days following serving, by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election without further notice, by expiration of _ six months without the Pipe Line having been installed or by Licensee failing (a-1) to cure any default or (a-2) to show statutory -right to install Pipe Line within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe Line and restore Premises. Any of Pipe Line not so removed shat/ at Carrier's .election without notice be deemed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at .any time of the other without affecting, or impairing any right arising from, any sub- sequent default. WITNESSES: ATTEST: 3y City Secretary (Affix Seal) APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend, City Manager As Licensee, second party herein By Assistant City Attorney APPROVED: -2- Assistant City Manager 5o' N (-ROW PROPOSED CITY OF CORPUS CHRISTI IZ" DRAIN LINE STATION 7782+52.- j-roRosrwN 3.O' MIN I CENTER LINE of uP RIVER ROAD, STATION 7783+4} of BRoWNSV/LLE SMD. MAIN TRACK (-Row ' _ -PLA \V. I" = .so' • 92.1 42a To OCE 8RoWN5'ILLE SUED, STA.77821-52 MIN. PROP�o5EP CITY OF CORPUS CHRISTI 12" DRAIN LINE 60 FT - 20"STEEL CASING, -25o WT.) .: , HIN, 'ILO. STR. 35,000 PSI NO SCALE - " -- EXF "A" MISSOURI PACIFIC RAILROAD COMPANY DISTRICT SOUTHERN DIVISION KINGsVItLE BRoWNSVILLE ; Su6D. _._• PRO. C lTV OF CORPUS CHRISTI 12" DRAIN LIN5: X ING __-_• M.P.• 147. 60 CAL ALLEN :TEXAS OFFICE OF DISTRICT ENGINEER, SPRING, TEXAS NOTE BOOK SCALE A5 NOTED DWN. BY DGIW 'DATE 5/29/81 DWG. NO. MP Rd. Form 2.4042 Ie -74 EXHIBIT B To Form 20021 SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) SCOPE Pipe lines included under these Specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on or in vicinity of railroad proper- °ty. Gas transmission and distribution lines in city streets, carrying less than 45 -lb. pressure, are not to be considered as coming under these specifications. (B) PIPE LINES CROSSING UNDER TRACKS 1. INSTALLATION: Pipe lines under railroad tracks and right-of-way shall be encased in a larger pipe or casing and installed as indi- cated in figure below: Right of Way Line ut < 45Ft. Minimum I T See Note 2 ' u Sign-�' E �`-`" SeeNde3 'a t53 -F- a— & I 4 Ft. Minimum Roadbed_ Right of Way Line 45 Ft. Minimum See Note 2 Sian --v-r See Note3�� 4FtMinimum 3FtMinimum a Sealer -Ventpipeat low end See Notet to be nnected to bottom of casing ,• t /ace y 'SFt:6in.Minimum3Ft.Minimum See Secttet'1 5) LL v E 0 Casingd Carrier Pipe Vent pipe at high See Note 1 end to be connected to top of casing 'Note 1. Seal and vent pipe not required if casing ends above ground where drainage is available. 2. Casing_to extend beyond limit- of railroad right-of-way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right-of-way line to be Installed where required by the Railroad. 4. For shut-off valves see Section 7. - 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -may shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" joints. Pipe at the railroad crossing shall be laid with slack (no tension) le the line. 3. CASING PIPE: Casing and joints in same may be of' any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be so nstructed as to prevent leakage of any substance frac the casing throughout its length except at the ends of casing which are left open. or through the vent pipes at the ends of casing which are sealed to outside of earlier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end; it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS: Where ends of casing are below ground they shall be suitably scaled to outside of carrier pipe and properly tented above ground sitb vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at Or above ground surface and above high water level they may be left open, provided drain- age is afforded rs such manner that leakage will be conducted away from railroad tracks or structures. kher proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be installed. (SEE OTHER SIDE) 5. DEPTH OF CASING: .. khere practicable, casing pipe under railroad tracks and across' railroad's right-of-way Shall he not less than 5-1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4-1/2 feet. On other portions of rights-of-way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths. special construction approved by Railroad shall be used. 6. LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If.additional tracks are constructed in the future, diminishing these distances, the easing shall be correspondingly extended. 7. SIM' -OFF VALVES: khere required by the Railroad, accessible emergency shut-off valves shall be installed sithio effective distances •on one or each side of the crossing. 8. LOCATION: Where practicable, pipe lines shall cross tracks at approximately right angles thereto and shall not be closer than 45 feet to any portion of any railroad bridge, building or other important structure which might be injured by leakage from, or failure of, the pipe line. Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right-of-way. 9. TOPOGRAPHY: Crossings under railroad tracks of pipe lines carrying combustible substances shall, where practicable, be so in- stalled that the discharge from the ends of casing or vent pipes shall flow away from the railroad. 10. APPROVAL OF PLANS: Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execneion, of the work on railroad right-of-way, including the supporting of the track. shall be subject to its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing indicating the flow of the discharging substance in the event of leakage from, or failure of. the pipe line and a profile of the pipe line extending in each direction from the proposed crossing to the nearest shut-off valve in the pipe line. (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT-OF-k'AY LANDS 1. LOCATION - Pipe line shall be located as far as practicable from any track or other important structure, preferably Oct more than 5 feet from the right-of-way line, but not closer than 45 feet to the center line of any track or to the nearest point of any bridge, building or other important structure. "Bridge" as herein used shall not be deemed to Include east iron or con- crete pipes, or concrete culverts. - 2. DEPTH OF PIPE LINE: - Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe. 3. WATERWAY CROSSINGS: Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a suf- ficient depth to be protected from scour, and In such manner as not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate on account of the topography of the ground, pipe lines may be elevated suffi- ciently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by the Rail- road. obtain: CASING PIPE REQUIREMENTS: Casing, conforming to specifications in Sections 3 and 4, Part (B), shall be provided where the following conditions (a) Where the pressure in the carrier pipe exceeds 400 pounds per square inch. (b) Where the pipe line is located closer than 45 feet from the center line of any track or from the nearest por- tion of any bridge, building or other important structure. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or nearest point of structure to be cleared. (c) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation. 5. CARRIER PIPE: Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, 8 and 9, Part (B). SPECIAL CARRIER PIPE: A special carrier pipe, having a strength -at least 50 per cent greater than other portions of the carrier, pipe may be substituted for the casing required under conditions set forth in Section 4, Part (C), if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation. 7. APPROVAL OF PLANS: • Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right-of-way shall be subject to its inspection and direction. The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right-of-way indicating the flow of the dis- charging substance in the event of leakage from. or failure of, the pipe line and a profile of the pipe line on the railroad right-of-way and extending in each direction from such right-of-way to the nearest shut-off valve in the pipe line. APPROVED: J. W. Lessner Vice -President - Operations E T. Franzen Chief Engineer Corpus Christi, Texa day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ,19e 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, Respectfully, Council Members MAW Th. City 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 Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: passed by the following vote: 16370