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HomeMy WebLinkAbout17795 ORD - 08/24/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE EXXON CORPORATION PERTAINING TO THE LOWERING AND CASING OF TWO SIX INCH PIPELINES IN CONJUNCTION WITH THE PURDUE ROAD STREET IMPROVEMENTS PROJECT; APPROPRIATING $7,050; 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 authorized to execute an agreement with the Exxon Corporation pertaining to the lowering and casing of two six inch pipelines in conjunction with the Purdue Road Street Improvements Project from Debra Lane to Laguna Shores Road, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $7,050 from the No. 220 Street Bond Fund applicable to Project No. 220-82-2, Purdue Road Improvements. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to preserve and protect public property by expediting the construction of public improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take e ect upon first reading as an emergency measure this the day of , 1983. ATTEST: Vfary MAYOR THE C TY OF CORPUS CHRISTI, TEXAS APPROVED3 DAY OF AUGUST, 1983 /510„AL 444/ ,1. Bruce Aycock, Citt Attorney 17795 MICROFILMED SEP 2 8 1984 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, Texas, hereinafter called "City", acting by and through its duly authorized City Manager, Edward A. Martin, and Exxon Corporation hereinafter called "Exxon". WHEREAS, the City is contemplating the improvement of Purdue Road from Debra Lane to Laguna Shores Road as shown on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Exxon operates and maintains (since 1936, prior to City annexation of this area) two 6 5/8 inch outside diameter natural gas pipelines crossing the Purdue Road right-of-way, also as shown on Exhibit "A"; and WHEREAS, the existing pipelines will be in conflict with the proposed street construction, NOW, THEREFORE, the City and Exxon agree as follows: 1. Exxon will lower and case the existing pipelines within the limits of the proposed Purdue Road right-of-way (64 feet) to adequately clear the proposed street construction. Exxon will complete this work within 60 days of the date of this agreement. 2. Exxon will bear all engineering and administrative costs associated with this work. 3. City and Exxon will share equally in the construction costs associated with lowering and casing the pipelines which is estimated to be $14,100.00 of which the City's share would be $7,050. The final construction cost shall be evidenced by invoices presented to the City. 4. City shall reimburse Exxon for City's share of construction costs within 30 days of receipt of invoices. 5. City shall grant a revocable easement for the two pipelines crossing Purdue Road. Agreement - Purdue Road Exxon Corporation Page 1 of 2 E b."f{,' 6. This agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, each of which shall be considered an original this day of , 1983. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager ATTEST: EXXON CORPORATION By APPROVED: APPROVED: DAY OF , 1983 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney James K. Lontos Assistant City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1983, by Edward A. Martin as City Manager of the City of Corpus Christi. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1983, by as of Exxon Corporation. Agreement - Purdue Road Exxon Corporation Page 2 of 2 Notary Public in and for the State of Texas c); ---Y T---- -- X75" —1 R--- 250-- T --r— — I 1 IR��T , I NT I Q 1 ��1'oN 5 1 �� i L-- - --- --1-I 1 1 EXHIBIT :9" Exxon A0-eeineht LAGUNA SNORES RD. /"=/00' PURDUE RD. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 8, 1983 I certify to the City Council that $ 7,050 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Project No. Project Name No. 220 Street -Bond Fund 220-82-2 Purdue Road Improvements from which it is proposed to be drawn, and such Honey is not appropriated for any ' other purpose. FIN 2-55 Revised 7/31/69 INS Corpus Christi, Te day of , l96 - TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, requestthat you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR Council Members 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 CORPUS CHRISTI, TEXAS the following vote: 17795