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Home My WebLink About05753 ORD - 05/11/1960JKH:5-6 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, Fdt AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREEMENTS WITH THE TEXAS - MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF I FOR CROSSING UNDER THE NAVY'S RAILROAD TRACR A STATION LOCATION 4b2 PLUS 90, CORPUS 5 , TEXAS, WITH A 42 -INCH WATER LINE, AS MORE FULLY DESCRIBED IN COPY OF EACHW-CUNTERT76REEMENT ATTACHED HERETO 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 AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREEMENTS WITH THE TEXAS - MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA WHICH APPROVES THE INSTALLATION AT STATION LOCATION 462 PLUS 90 OF A 42 -INCH WATER LINE CROSSING UNDER THE NAVY'S RAILROAD TRACK OWNED BY THE UNITED STATES OF AMERICA AND OPERATED BY THE TEXAS- MEXICAN RAILWAY COMPANY, AND SAID CONSENT AGREEMENTS HAVING ATTACHED THERETO SPECIFICATIONS SHOWING THE EXACT LOCATION OF SAID TRACK AND UTILITY LINE, A COPY OF EACH CONSENT AGREE- MENT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE CONSENT AGREEMENTS AS OUTLINED HEREINABOVE CREATES A PUBLIC EMERGENCY AND 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS T DAY of 1960. ATT YO l THE CITY OF OR US CHRI 1, TEXAS CITY SEC ET RY APPROVED AS TO LEGAL FORM THIS DAY OF 1960: CITY ATTORNEY 57_513 ..,- RDo "17 of the UEITED STATES OF AMERICA, MM AMMUT, made and entered into, by and between the UWZMD STOW OF AMERICA, represented by the District Public Works Officer, Eighth MLval District, acting under the direction of the Chief of the Bureau of Yards and Docks and the Secretary Of the Navy, hereinafter called the "Government" and City Cis aristi, Temp whose address is Viso* DOS �$ hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no Objection is made to the "User's" Occupancy and use for the purpose of constructing, maintaining, operating and repairing a W-100h water 21M hereinafter referred to as the "Facility" on, through, under, over and across a Portion of land described as follows: A strip of land loci feet in length and 3LO feet inVIM, the centerline Of which intersects Station Huber 1162 ¢ 90 Of the existing railroad as shown on Exhibit "A" attached hereto and made a Pat hereof, with ingress to and egress from the said land for the purposes above stated, Under the folloving terms and conditions: 1. That the "User" previously has Obtained written consent from the Texas - Mexican Railway Company for the construction of the "Facility" and approval of the Plane and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement re- quired from the owner and MW and all parties having or claiming to have an in- terest therein. 3• This statement of no Objection is not assignable or transferable, except upon written consent by the "Government" Or its duly authorized repre- sentative named herein. 4- In no event shall this agreement be considered as granting any Interest in the lands hereiaabove described. Fu ther, this instrument shall not be construed as granting any right in excess of the rights and interests Presently owned by the "Goverment," nor as in any way granting any part of the rights and interests owned by the "Government." 5. The "User" shall retain title to the "Facility" covered by this Instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User." Upon the termination of the use, the "User" shall remove the hereinabove described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Govern- ment." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government," the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User." 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User," and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the District Public Works Officer, Eighth Naval District, Nov Orleans, Louisiana, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove de- scribed "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indemnify and save harmless the "Government" from and against any loss, expense, suit, claim, Or demand to which the "Government" may be subjected as a result of death', injury, loss destruction or damage. But this agreement shall not be construed as giving any cause of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. 8. The "User" shall be responsible to the "Goverment" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly re- paired by the "User" to the satisfaction of the "Government" or in lieu of such - 2 - repair or replacement, at the election of the "Government" shall pay the "Government" an amount sufficient to compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9. This agreement . concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances create an interference With the use and enjoyment of rights or interests of the government in the land by the "Government," its grantees or assigns. 10. No member of or delegate to the Congress, or Resident Commission- er shall be admitted to any share or pert of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any Incorporated company, If the consent agreement be for the general benefit of such corporation or cow. 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent fee, excepting bona fide established commercial agencies, maintained by the "User" for the purpose of securing business. For breach or violation of this varranty, the "Govern- ment" shall have the right to annul this agreement without liability, Or in its discretion, to require payment to the "Government" by the "User" the full amount of such commission, percentage, brokerage, or contingent fee. IN WAS WHEREOF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day UNIM STA'1'E.9 OF MEGA By F. L. ENCEBROCK Captain, CEC, USN District Public Works Officer Eighth Naval District Acting under the Direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy - 3 - THIS CONSENT AGREEMENT is also executed by the °User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of . 19 city Secretary APPROVED AS TO LEGAL FORM THIS DAY OF ^� , 1960: n City Atto`Ime- CITY OF CORPUS CHRISTI CERTIFICATE OF AUTHORITY OF PERSON E%ECUTIffG AGREE- MENT ON BEHALF OF OUSERo certify that I am the City Manager of the City of Corpus Christi, Texas, a municipal corporation, incorporated under the Home Rule Statutes of the State of Texas, and that I, who signed the above and foregoing consent agreement on behalf of the City of Corpus Christi-was then the City Manager, of said Municipal Corporationj that said consent agree- ment was duly signed for and on behalf of said City of Corpus Christi by authority of its governing body and is within the scope of its corporate Powers, Certified this day of By Sworn to and subscribed to before me this day of . 19 Notary Public in and fn, Nueces County, Texas IWIE