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HomeMy WebLinkAbout06121 ORD - 04/19/1961AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER 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 R CROSSING UNDER THE NAVY'S RAILROAD TRACK AT STATION LOCATION 464 PLUS 45, CORPUS CHRISTI, TEXAS, WITH AN °SANITARY SEWER LINE AND A ROAD CROSSING OVER THE NAVY'S RAILROAD TRACK AT WHICH THE CENTER- LINE WILL BEAT ST TION LOC TION PLU AS MORE FULLY DESCRIBED IN COPY OF EACH CONSENT AGREE- MENT 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 EXECUTES 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 xP PLUS 45 OF AN 8° SANITARY SEWER LINE AND A ROAD CROSSING OVER THE NAVY'S RAILROAD TRACK OWNED BY THE UNITED STATES OF AMERICA AND OPERATED BY THE TEXAS- MEXICAN RAILWAY CO., AT WHICH THE CENTER- LINE WILL BE AT STATION LOCATION 465 PLUS 80, AND SAID CONSENT AGREE- MENTS HAVING ATTACHED THERETO SPECIFICATIONS SHOWING THE EXACT LOCATION OF SAID TRACK AND UTILITY LINE, A COPY OF EACH CONSENT AGREEMENT 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 MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS 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 y 6121- IS 4CCORQWGLY PASSED AND APPROVED, THIS THE DAY OF 1961. MAYO THE CITY OF CORPUS CHRISTI TEXAS ATT T: s CITY SECRV RY I APPROVED AS TO LEGAL FORM THIS DAY OF 1961: CIT ATTORqY CONS= AGREEMM of the UNITED STATES OF AMERICA MUS Ate, made and entered into, by and between the UNITED STATES OF AMERICA, represented by the District Public Works Officer, Eighth ffival 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 Gity oP Corpus Chrirti Tease whose address is P_ p Ae. 1 hereinafter called the "User" to wit: W I T H E S S E T H: 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 Road Croee hereinafter referred to as the -Facility" on Y ,through, under, over and across a portion of land described as follows: A strip of land feet in 18MM centerline of which is Station Nnmbaer�_ 'Peet in width, the of the existing railroad as shown ona Exhibit "A Part hereof, with attached hereto and made a above stated, ingress to and egress from the said land for the purposes Under the following 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 plans and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement re- quired from the owner and any and all parties having or claiming to lave 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 hereinabove described. Further, this instrument shall not be construed as granting any right in excess of the rights and interests Presently owned by the "Government," 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 facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facil- ity" to the satisfaction of the "Government." In the event the "User" fails or refuses to remove the ■Facility" and restore the premises to the satisfac- tion of the "Government," the "Govenyment" 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 nGovernmient" or by the District Public Works Officer, Eighth Naval District, New 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 lose, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove described "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- nify and save harmless the "Goverrmient" from and against any lose, 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" vrlll not be subject of indemnification or reimbursement. 8. The "User" shall be responsible to the "Government" 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 lose 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 sat 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 "Goverment," its grantees or assigns. 10. No member of or delegate to the Congress, or Resident Commission- er shall be admitted to any share or part 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 company. 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 warranty, the "Govern- ment" shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Goverment" by the "User" the full amount of such commission, percentage, brokerage, or contingent fee, IN WITNESS WHEREOF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day Of 19 UNITED STATES OF AMMCA By F. L. ENDEBROCK - Captain, CEC, FSN District Public Works Officer Eighth Naval District Acting imder the Direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy - 3 • • THIS CONSENT AGREEKENT is also executed by the °User° in acknowledgment and acceptance of the terms and conditions set forth therein, this day of 19_ ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF , 19_ City Attorney CITY OF CORPUS CHRISTI By HERBERT k1. ', IHITNEY CITY MANAGER CERTIFICATE OF AUTHO1111TY OF PERSON EXECUTING AGREE- MENT ON BEHALF OF "USER" I, HERBER .JHITNEr , 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 Corporation; 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 , 19� By Sworn to and subscribed to before me this day of , 19_ Notary Public in an Nueces County, Tex:: - h - • I � THIS AGRM M made and entered into, by and between the Teas Mexican Railway Company, a Taws Corporation, domiciled in the County of Webb, State of Tess, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the 'User", WITNESSETHs WHEREAS, The United States of America is the -owner of an. easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United States of America entered into an Agreement NOy(R)- )11896 with the "Railroad" concerning the use .of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texs.4 desires to build a Road Crossim across the Government's existing track, the centerline of which in to be located at the "Railroad's" Engineering Station 465 plus 80 as is shown more particularly on Exhibit "A " ;. and WHEREAS,. Subject to the terms and conditions stated below, the Teas Mexican Railway Company has no objection to the crossing of said track insofar as said Railway Company's operations are concerned; NOW, TiDs'RE DRE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas,do hereby enter into the following agreement: 1. The railroad doe's hereby grant its permission for the said City to build and maintain, operate and repair the above listed road crossing. Said road crossing shell be maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said road crossing is built and also before any changes or repairsl, are made at any time, that I the "User" will notify the General Manager's Officke in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said'road crossing so as to keep it free from defects and interference with drainage at the said location. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, ' I demands, damages, actions and court costs to which said!Railroad is subjected to paying as a result of the negligent maintenance,, use ','and operation of said road crossing, including the negligent'construotibn, reolair or failure, in any manner of said road, if the "User" would have been in law, liable therefor after assertion of legal defenses. 4. It is understood „'and agreed also that the agreements under this consent agreement to said "User” are limited and strictly subject, to rights and obligations possessed by the "Railroad" underlits agreement with the "Government" , 5. The said "User" has paid to the "Railroad" the 'sum of'One Dollar (81.0() as a part of the consideration fca this agreement, the receipt of which is hereby acknowledged, 5. If upon.and after abandonment byigrdinar�pe by the Council of the City of Corpus Christi, Texas,in regular session, of said road crossing, said City or "User" has not removed all of its property',within a reasonable length of time, covered by thie'agreement from over the railroad tracks, it is understood and agreed that said Railroad shall have the'full Tight in its dis- cretion to retain said property on said premises,or tolldestroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" I removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning suchlremoving and relocation shall be borne by the City of Corpus'Christi, Texas. 7. All obligations imposed by this contract shall be performable in the County of Nueces, Texas,and binding upon the parties hereto, their successors and assigns. I• • r IN DUPLICATE ON THIS day of 196 . THE TEXAS MEXICAN RAILWAY COMPANY BY ATTEST: cretary, The Texas Mexican Railway Company ATTESTt City Secretary CITY OF CORPUS CHRISTI By City Manager "City" 3 • y i THE STATE OF TEXAS COUNTY OF WEBB BROKE ME, The undersigned authority, a!,Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose make is subscribed to the foregoing instrument and acknowledged to me that the same was the act of The Texas Mexican Railway 'Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and inj'the capacity, therein stated. 196. GIVEN UNDER ND BAND A SEAL OF OFFICE, :This day of , Notary Public, Webb County, Texas THE STATE OF TEXAS o COUNTY OF NUECES BEFORE ME, The undersigned authority, a!Notary Public in and for Nueces County, Texas, an this day, personally appeared i City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City',of Cdrpus Christi, a municipal corporation, and that he executed the " as the act of such corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the ,capacity therein stated. GIVEN UNDER. MY BAND AND SEAL OF OFFICE, This the day of , 196.. Notary Public, Nueces County, Texas 4 COMM AQMMM of the UNITED STATER OY AogicA MM AGIUMNT, made and entered into, by and between the UNITED STAB of AMERICA, represented by the District Public Works Officer, Eighth Naval District, acting under the direction of the Chief of the Bureau of Yards and Books aid the Secretary of the Navy, hereinafter called the "Government" and City of Corpne Christi, Tee whose address is P. 0. Box 1622 hereinaftar 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 an 8' sanitary sever line hereinafter referred to as the "Facility" on, through, under, over and across a portion of land described as follows: A strip of land 40 feet in length and 10 feet in witch, the centerline of which intersecLe Station Number - ha w 2 ks Of the eating railroad as shown on Exhibit "A" attached hereto and made a part hereof, with iigress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. .That the "User" previously has obtained written consent from the Texas- Mexican Bailwey Cow for the construction of the "Facility" and approval of the plans and specifications therefor. 2. That the "User" assumes the burden of obta+^� any easement re- quired from the owner and any and all parties having °pr claiming to have an in- tereet 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 naved herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereisabove described. Further, this instrument shall not be construed as granting army right in excess of the rights and interests presently owned by the "Government," nor as in any way granting any part of the rights and interests owned by the "Goverment,^ 5. The "User" shall retain title to the "Facility■ covered by this instrument and all costs and expenses incurred in connection with the oon- etracting, 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 facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facil- ity" to the satisfaction of the "Government." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfac- tion 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, New Orleans, Louisiana, who is hereby designated a s 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 lose, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove described "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- nify 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 "Governments 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 "Government" for any and all loss or damage to "Governmentn property, arising out of the exercise of this consent agreement, Any property of the nGovernment" 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 - regair'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" ehall 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 part 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 company. 11. The "User" warrants that no person or agency has been employed or retained to eolicit or secure this agreement, upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent fee, excepting boa% flAe established commercial agencies, maintained by the "User" for the purpose of securing business. For breaca or violation of this warranty, the "Govern- ment" shall have the right to aa_nul this agreement; without liabili +., or in its discretion, to require payment to the "Government" by the "User" th_ full amount of such commission, percentage, brokerage, or contingent fee. %N WIMSS WMMEOF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day Of 19 UNIM STATES OF AMERLP.A By F. L. ERDMOCS 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 AGRE MW -is also executed by the -*User- in aclmowledgment and acceptance of the terms and conditions set forth therein, this Ili day of s 19 i CITY OF CORPUS CHRISTI B HERBERT W. WHITNEY it C11Y MANAGER ATTEST: City Secretary APPRDVU AS TO LEGAL FORM THIS DAY of , 19 City Attorney CERTIFICATE OF AUTHORITY OF PERSON SUCUTING AGREE- MENT ON BEHALF OF "USER° Is HERBERT W. WHITNEY , 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 wee ° then the City Manager, of said Municipal Corporation; 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 3,9 By. Sworn to and subscribed to before me this day of , 19� Notary Public in ar.- Nueces County, Tex.: r i a i I i CONSENT AGREEMENT of the TEXAS MEUCAN RAILWAY COI FANY THIS AGREEMENT made and entered into,, by and between the Texas iSexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the nRail.road" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the °User ". WITNESSETH•, WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United-States of America entered into an agreement NOy(R) -41896 witk the "Railroad" concerning the use of such tracks and facilities; and WHERS&S, The City of Corpus Christi, Tema desires to lay an 8" senitetq sewer line junder and across the Government's existing track at the location known as the "Railroad's" Engineering Station VA Dins hs as is. shown more, particularly on Exhibit "A "; and . WR19EAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under - neath said track insofar as said Railway Company's,operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PnESENTS, that the Tens Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said I city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that i the " User" will notify the General Manager's Office in Laredo, Teas, of the Railroad. _ The "User" agrees to maintain the said pipeline so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said l,! "User" shall well and sufficiently indemnify and save harmless the "Railroad',, from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying ae a result of the negligent maintenance, us� and operation of said pipe line, including the negligent construction, repai or failure, in any manner of said line, if the "User" would have been, in ',law, Liable therefor after assertion of legal defenses. 4. It is understood and agreed also that,,the agreements under this condent agreement to said " User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government". 5. The said "User" has paid to the "Railroad" the sum of One Dollar ($1.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of itslproperty within a reasonable length of time, covered by this agreement from ',under t e railroad tracks, it is understood and agreed that said Railroad shall havelthe full right in its discretion to retain said property on said premises orlto destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Teas. 7. All obligations imposed by this contract shall be perform- able in the County of Nueces, Teas and binding upon the parties hereto, their successors and assigns. 2 EXECUTED IN DUPLICATE ON THIS day of 1959. THE TEXAS MEXICAN RAILWAY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company ATTEST: City Secretary 4i'"'RO4Ei.) LF ;Al �CR�' THIS )5Y v P,710RNEY CITY OF' CORPUS CHRISTI By City Manager -city" 3 THE STATE OF °TEXAS COUNTY OF WEBB i BEFORE NE, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, (mown to me to 4e the person and officer whose name is subscribed to the foregoing instant and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed't same as the act of such corporation for the purpose and consideration �,herein'iexpressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAT. OF OFFICE, This day of , 1959. Notary Public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE HEx The undereilped authority, a Notary Public in and for Nueces County, Texas, on this day'personallp appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing and acknowledged to me that the same was the act of the d City of Corpus Christi, a municipal corporation, and that he executed, the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This I- day of 1959. V Notary Public,', Nueces 'County, Texas I 4 0 • n TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI' TEXAS CORPUS CHRISTI, TEXAS lig Ll DAY OF 19L FOR THE REASONS SET FORTH IM THE EMERGENCY CLAUSE OF THE FORE- GOING 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, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY 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, MAYOR THE CITY OF CORPUS CH ISTI,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON a M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTES BEN F. MCDONALD Tom R. SW ANTHER DR. JAMES L. BARNARD III JOSE R. DELEON M. P. MALDONADD W. J. ROBERTS JAMES H. YOUNG