Ordinance No. 3,167ORDINANCE NO. 3167
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE
CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AN AGREEMENT WITH M. K. McDANIEL; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section l: That the City Council of the City of Baytown
hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an Agreement
with M. K. McDaniel, to transfer the right to maintain a
pipeline across a city street. A copy of said Agreement is
attached hereto, marked as Exhibit "A ", and made a part
hereof for all intents and purposes.
Section 2: That this ordinance shall take effect from
and after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this the 28th_ day
of May , 1981.
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ATTEST:
EILEEN P. HALL, city Clerk
APPROVED:
RANDALL B. STRONG, City Attogrrney
10528 -6a
THE STATE OF TEXAS
: AGREEMENT
COUNTY OF HARRIS
WHEREAS, the City of Baytown has previously granted to Gulf
Refining Company the right to maintain a four (4 ") inch pipe line
under the below described tract; and
WHEREAS, Gulf Refining Company has requested that it be al-
lowed to transfer these rights to M. K. McDANIEL;
NOW THEREFORE, the City of Baytown, agrees to allow
Gulf Refining Company to grant to the said M. K. McDANIEL
the right, privilege and authority to maintain a four (4")
inch pipe line under the following described tract, lot, or
parcel of land belonging to the said City of Baytown, to -.
wit:
BEGINNING at a point in the East line of Barrymore
Boulevard, said point being 751.6 feet North of West
Main Street;
THENCE In a Westerly direction perpendicular to said
Barrymore Boulevard to a point in the West line of said
Barrymore Boulevard.
PROVIDED, however, that the City of Baytown reserves
the absolute right, for any reason it deems necessary, to
have M.K. McDANIEL abandon and remove said pipe line after
tern (10) days' notice, either oral or written.
PROVIDED, further that the City of Baytown reserves the
absolute right to have M. K. McDANIEL alter the course,
position, or depth of said pipe line at any time for any
reason it deems necessary.
PROVIDED, futher that, the City of Baytown reserves the
right to require the said M. K. McDANIEL to make any repairs
to said pipe line that the City of Baytown deems necessary.
PROVIDED, further, that M. K. McDANIEL hereby expressly
agree to conduct all of his oil operations, including this
pipe line, in strict accordance with the Charter and Ordinances
of the City of Baytown;
10328 -6b
PROVIDED, further, that M. K. McDANIEL hereby expressly
agrees that he shall maintain insurance in the amount of not
less than $300,000.00 for bodily injury and $100,000.00 for
property damage to cover the construction, operation, maintenance,
and /or removal of said pipe line, and that the City of
Baytown shall be reimbursed for any loss whatsoever suffered
by it as a result of the construction, operation, maintenance,
and /or removal of said pipe line.
PROVIDED, further, that the land so used by M. K.
McDANIEL will be left in substantially the same, or better,
condition as it was prior to the construction, operation,
maintenance, and /or removal of said pipeline.
PROVIDED, further, that this right shall not be assigned,
transferred, conveyed, granted, or sold without the prior
express consent of the City Council of the City of Baytown.
EXECUTED this the day of
1981.
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
M. K. McDANIEL
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared
EMMETT 0. HUTTO, as Mayor of Baytown, known to me to be the
person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the
purposes and consideration and in the capacity therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day , 1981.
NOTARY PUBLIC IN AND FOR
HARRIS COUNTY, T E X A S
10528 -5c
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared
M. K. McDANIEL, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considera-
tion therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of 1981.
NOTARY PUBLIC IN AND FOR
HARRIS COUNTY, T E X A S