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Home My WebLink About06017 ORD - 12/21/1960_* IMS:JKH:12 -20 -60 0 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONSENT AGREEMENT WITH,THE TEXAS MEXICAN RAILWAY COMPANY I IVIV ur A Ic- 1146111 Z)ANI IAKT )LWLK L NL IN JILLL JIKLLI, ALL I N T , , AND ALL AS MORE FULLY DESCRIBED IN THE CONSENT AGREEMENT, A COPY OF WHICH tS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONSENT AGREE- MENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHICH APPROVES THE INSTALLATION OF AN 8 -INCH LATERAL SANITARY SEWER LINE, CONNECTING WITH AN EXISTING MANHOLE AT FLATO ROAD, OPPOSITE SAID RAILROAD'S ENGINEERING STATION 226 r 45.16, SAID 8 -INCH SANITARY SEWER LINE CONTINUING EASTWARD AT 30 FEET SOUTH OF THE RAILROAD'S MAIN TRACK FOR A DISTANCE OF 690 FEET TO A STANDARD 4 -FOOT MANHOLE AND CONTINUING NORTHWARD CROSSING UNDER THE RAILROAD'S MAIN TRACK AT ITS ENGINEERING STATION 219 / 55.16 AND CONTINUING TO ITS NORTH RIGHT OF WAY LINE; THE INSTALLATION OF AN 8 -INCH SANITARY SEWER LINE ACROSS THE RAIL- ROAD'S RIGHT OF WAY AT ITS ENGINEERING STATION 236 f 11 IN THE CENTER OF HEREFORD ROAD; AND THE INSTALLATION OF A 12 -INCH SANITARY SEWER LINE IN STEEL STREET, ALL OF SAID INSTALLATIONS TO BE IN THE CITY OF CORPUS CHRISTI, TEXAS, AND ALL AS MORE FULLY DESCRIBED IN THE CONSENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE CONSENT AGREEMENT AS OUT- LINED IN SECTION 1 HEREOF 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 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS F t • ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PA s E, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE ✓ / DAY of 1960. --�� -- ++-- t ATTEST: MAYOR V THE CITY F C RPUS C I TI, TEXAS CITY SECRETAR Y APPROVED AS TO LEGAL F RIM THIS _DAY 0 4 n "�� ,� 1960: �. CITY ATTOR Y THE STATE OF TEXAS i COUNTY OF NUECES 1 KNOW ALL MEN BY THESE PRESENTS, This agreement entered into by and between The Texas Mexican Railway Company, a Texas corpor- ation domiciled in Webb County, Texas, hereinafter called "RAILROAD ", and the City of Corpus Christi, a Texas municipal corporation domiciled in Nuecee County, Texas, hereinafter celled "CITY ", WITNESSETH: 1. That the City desires to install an 8 inch lateral sanitary sewer line in Railroad's right of way in Corpus Christi, Nueces, County, Texas, along a line 30 feet South of the center line of Railroad's main track, connecting with an existing mahhole at Plato Road, which is opposite Railroad's engineering station 226 ♦ 45.16, and said 8 inch sanitary sewer line continues east- ward at 30 feet South of the Railroad's main track for a distance of 690 feet to a standard 4 foot manhole; thence, Northward crossing under the Railroad's main track at its engineering station 219 + 55.16 and continuing to its North right of way line. Said line measures approximately 770 feet in length inside the Railroadts right of way. This 8 inch sanitary sewer line is to be encased in a 16 inch D. D. steel pipe for a distance of 20 feet on each side of the track at crossing point and the installation shall be made by tunnelling at a depth of approximately 12 feet from the surface of the ground. No open excavation shall be closer than 10 feet to the center line of the track. No construction of any kind, operation or dirt is to be placed closer than 10 feet to the center line of the track. 2. That the City desires to install one 8 inch sanitary sewer line across the Railroad's right of way at its engineering station in Nueces County, Texas, 236 + 11 in the center of Hereford Road crossing under the main line track and pipe line service track at a depth of approximately 20 feet below the surface of the ground. The crossing under the tracks is to be made by tunnelling, with no open excavation to be closer than 10 feet to the center line of either track and said 8 inch sanitary sewer pipe lim is to be encased in a 16 inch O. D. sibdl jApe. 3. That the City desires also to install a 12 -inch sanitary sewer line in Steel. Street, crossing under H. •E. Butt lead track No. I at a depth of approximately 19 feet below the surface of the ground. Tex Mew will rernove said track to allow the aewer line to be installed by open cut and embedded in concrete and then will replace the track after the trench is back filled. The cost of this track work in the amount of $j ° —°_and such sum is to be paid to the Texas Mexican Railway Company by the contractor on the sewer line, and City will require Contractor to agree to pay Railroad such sum in Laredo, Webb County, Texas. -a- Said locations of said sewer lines are to be &ad installed as shown on Shasta Mos. 2, 4, 10 and 14 of 15 sheets of plums prepared by Reagan and McCaughan Engineers. Said Eagfaeem have prepared the said plans aW spseiil4stioes for "bd West Side Sewers Unit V for the Ck4y of Corpus Christi, Tows. 2. The Railroad agrees that such sanitary sewer pipelines can i be installed as set out herein and the City agrees that said pipslioso will bo located, installed and maintained as herein set out and required. 9. The City will maintain said pipelim a so as to keep each of them free of leaks and in such manner thatthby will not impair drainage on or relating to Railroad's property. 4. The City will have the installation of above described pipe- lines performed by a contractor and it shall be necessary for contractor, his sub- oontractor, agents, and employees to work upon the right of way and property of the Railroad; and in this connection the Railroad, in consi- deration of the faithful performance by contractor of all the covenants and agreements herein coaaLned, hereby permits the City to have Contractor enter upon the right of way and propert*,•of Railroad at Corpus Christi, Nuecos County, Texas, to perform said work above set out in the location herein before mentioned and in the manner herein not forth, providing City first requires said Contractor to agree and execute a written contract with Railroad in connection with the work of installation of the said three sewer pipelines to: A. In performing said installation contractor shall agree not to do or perform any work whatsoever at any time in connection with such installation that will render unsafe the use by Railroad of its real estate, tracks, buildings or other appurtenances now or hereafter existing, or weaken, damage. or injure same for the operation of Railroad's trains, care, or locomotives, or for Railroad's other purposes. B. Should Railroad deem it necessary to engage any inspectors. watchmen, or flagmen, or to install falsework to protest tracks, engine 96 - 3 - trains, or care during the performance of work provided for in said agree- ment between the Contractor and City, Contractor upon request will fully reimburse Railroad in Laredo, Texas, promptly for all costs and expenses which may be incurred by Railroad incident to or in connection with work to be performed by Contractor. Contractor, at Contractor's own cost and expense, shall maintain a competent flagman, or flagmen, at all times while private crossings over tracks used by Railroad are being used by Contractor, Contractor's agents, employees or sub - contractors. C. Contractor shall indemnify and save Railroad harmless from and against any and all claims, demands, cost, loss, damage, injury, and liability, howsoever same may be caused, resulting directly or indirectly from performance of any or all of the work to be cio® upon premiaps and over or around tracks of Railroad under said agreement between the City and Contractor, whether made or suffered by Railroad, its officers, agents, servants, or employees, or by Contractor, Contractor's agents, servants, employees, or sub - contractors, or their heirs, assigns, or legal representatives, or any other person, whomsoever without limitation. D. Contractor, in advance of performing any work upon or adjacent to premises to Railroad under said agreement between City and Contractor, shall furnish evidence to Railroad, with respect to Contractor's operations and operations of Contractor's sub- contractors upon premises of Railroad, that Contractor has provided insurance protection for the Railroad in an amount, coverage and in Texas companies approved by Railroad. E. Cuntract.,r further agrees, upon completion of work to be done, upon premises and over or around tracks of Railroad covered by said agreement between thq City and Contractor, that Contractor will promptly remove from said premises all of Contractor's tools, implements, and -4- other materials and leave said premises clean, prosextWe and in cad► - ford ity with the adjoining terrain. F. This Agreement shall uxle be assigned, sabletroz transferred in whole or in part:by Contractor, except with the previous written consent of Railroad; provided, however, that work to be performed may be per- formed under sub- contracts or by sub- centractars without the convent of City. 196 EXECUTED In triplicate on this day of , THE TEXAS MEXICAN LAIILWAY COMPANY BY CITY OS' CORPIIS CHRWTI BY HERBERT W. WHITNEY ATTEST: CITY MANAGER CITY SECRETARY APPROVED:AS TO LEGAL FORM THIS DAY OF , i960: City Attorney CORPUS CHRISTI TEXAS / DAY OF Q. � � 19 r 0 TO THE M06MS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE] A PUBLIC EMERGENCY AND IMPERATIVE NECES31TY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT 1.3 INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT TNREE MEETINGS OF THE CITY COUNCIL; f, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE ON REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. REgPpCTFULLY,- KIM THE CITY OF CI PUS M T TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE=