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HomeMy WebLinkAbout06270 ORD - 09/06/1961CNC•d KHi - • . 8-31 61 ,a AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI. CONSENT AGREENENTs RY ANn RFTWMM TUr SAID AGREEMENTS WU -Lmwwu UHIVt ANU HULLT ROAD AT THE LOCATION KNOWN AS RAILROAD'S ENGINEERING STATION 2455 PLUS 19; 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 ENTER INTO ONE CONSENT AGREEMENT$, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA, REPRESENTED BY THE DISTRICT PUBLIC WORKS OFFICER OF THE EIGHTH NAVAL DISTRICT AND AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS MEXICAN RAILWAY COMPANY FOR THE CONSTRUCTION AND MAINTENANCE OF A 120 WATER MAIN, SAID MAIN TO BE ENCASED IN A 24" STEEL CASING, COPIES OF SAID AGREEMENTS BEING ATTACHED HERETO AND IN- CORPORATED HEREIN FOR ALL INTENTS AND PURPOSES. SECTION 2. THE FACT THAT CONSTRUCTION OF THE SAID 120 WATER LINE IS PRESENTLY UNDERWAY AND THE FACT THAT NO FORMAL WRITTEN CONSENT HAS BEEN RECEIVED FROM THE UNITED STATES OF AMERICA OR THE TEXAS MEXICAN RAILWAY COMPANY 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 IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER IT ASS ¢E,d'RoIS ACCORDINGLY SO ORDAINED, THIS � DAY OF 1961. THE CITY OF CORPUS CHRISTI, APPROVED AS TO L & FORM THIS _L_DAY OF 1961 r CITY AT7ORNE '� CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the aRailroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User". WITNE&%7Hs ids, The United States of America is the owner of an easement and railroad facilities shown on Burean of Yards and Dooks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and TES, On the 25th day of Jane 1947, the United States of America entered into an agreement NOy(R)- 7.896 witli the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 29' VOW Lim In a 241 itael CY39� e under and across the Government's existing track at the location known as the "Railroad's" Engineering station 249 i 19 as is shown more particularly on Exhibit eA "j and SAS, 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, SNOW ALL MEN BY THESE PHESMS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby eater into the following agreement: 1. The railroad does hereby grant its permission for the said 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 wanner. 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 CONSENT AGREEWT of the TEAS ME ICAN RAILWAY COMPANY IBIS AO== made and entered into, by and betw= the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter Balled the °IIser ". WHEREAS, The United States of America is the owner of an easement and railroad facilities shosm on Bateau of Yards and Docks Drawing Hmber 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHJWAS on the 25th day of June 1947, the united States of America entered into an agreement Noy(R) -41896 wig the "Railroad" concerning Us use of such tracks and facilities; and MMOW, The City of Corpus Christi, Terse desires to lay a 12' water lice is a 24' steel asl% under and across the oovexMlIent's existing track at the location known as the "Railroad's" Engineering Station 245 f 19 as is shown more particularly on Exhibit "A "; an WgEMS, Subject to the terms and conditions stated below, the d Texas Mexican Railway Cody has no objection to the *crossing of and concerned; under - 's operations a Math said track insofar as said Railway Companyre NOW, THEREFORE, SNOW ALL MEN BY THESE PBESENRS, that the Texas 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 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 underatood and agreed that before said pipe ]ins is installed and also before any changes or repairs are made at any time, that Y C ` U 0 U 4;he "IIser" will notify tbo oeneaal �I4@.agsr's Office in Laredo, Texas, of the mod. The "User" agrees to m3irstain the said pipe line so as to keep it free from leans and defects and interfere co cIith dmirinage at th© caid loco- tion. 3. It is understood and agreed that said "User" eh_a17 well and sufficiently indemnify and save harmless the "Railroad" from al- cleims, demands, damages, actions and court costs to which said Railroad in subjected to paying as a result of the negligent maintenance, use and. operation of said .pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" ,jould 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" 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 its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad Shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose Of the same- removes in the event the "Railroad" removes the property, and restores the premises to its original condition, any expense incurred by the Railroad concerning ouch removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be performs able in the County of Hueces, Texas and binding upon the parties hereto, their saccessors and assigns- 2 rvi�z EXCMED IN DUFLICATF, ON ?RIB day of _ 1959. THE TEW KUICAN RLUNLY COMPANY BY S cret4u7, T Tema Mexican RaUvay Company CITY OF CORPUS CHRISTI By. - City Manager "City" ATTXSTt City Secretar7 APPROVED AS TO LEGAL FORM CITY A7 TJ.tN EY e � I ,x•51, ` 1 . ,yam• 'd1p `l4`� /. • M 1 • e x THE STATE OF TEXAS Comm OF WHO E=BE MEN The undersigned authority, a Notary Public in and for Webb Couni1r, Texas, on this day pezeoaally appeared of The Teas Mexican k3a111ay Company, known to me to be the person and officer whims name is subscribed to the foregoing instrument and "ImOwl- edged to *a, that the same was the act of The Texas Mexican Railway Y aforeeaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the Capacity therein stated. GIM MEH MY HAND AND SEAL OF OFFICE, This day of , 1953. Notary Public, Webb Wraty, Tema THE Oft" OF TEXAS COiT= OF NUECE9 � - BEFOEZ ML, The undersigned authority, a Notary Public in and for Hares County, Texas, on this day personally 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 in®trmaent and acknowledged to me that the same was the act of the said City of Corpus ti Chris, a municipal corporation, and that he executed the same as the act of such eorporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN MEB MY HM AND SEAL OF OFFICE, This the day of 1959. Clotary Public, Nuoceo County, T ems 0, s p J or the SAM OF AAA SW "33 ASS; , Made and entered into, by and bat.. the MM S Ai AMMICA, raprSBeatsd by the District Pone Yorke OfftMri l;ighth IkVal pi#triat, actin& der the direction of the Cklaf of the IhW"U CC ids and Dock' and tlw Seeretery of the lkvy, L:ZelvAftar CRUS4 the "GoverpaWta and _Cq F of Le�hoffe address i8 .L ff W .Y -%O er 067 %d Us AVeerb to wit: YITa�SSSTEs 2+e "09v6r"OrIt" hereby states that no objection is Made to the °IIBea'e" oeaapanay and use for the purpose of constructing, aaalettaiaiog, operating and ��'�� a ° 4 e is t 21s" stall assri°s>g hereinafter referred U as the "facility" oa, through, ughe under, over and across a portion of Und described as follovss A strip of land 401 faa`c 3n lengta and 70' ceatsrline of WEE lnterbeate Station Numb '—'�� teat in rrSdtg, the of the existing railroad as Shawn an " 2k5 li In Exhibit a Attached harsto enfl above Stated, hereof, vlth iagreeB to a� eBr®ee fr® the Bald land for the mos s psarpoeeB V"Sr the toli"� twmm and conditions: l• ,®t the "Lt-0 previously has obtained wr;riten consent Sr= the 3t tbAl iI ��'�y COMPLay for the constructloa or +axe `'pac°77ltya aw approval p� and specUlaatious theref, � 2hat the "Veer" Sea"" "aw Lurd" of obtaining a:>p easement re- 1111"d troll the ovuar and say and all 3de bsv1pg or eLiaing to havd i A qa® unrest timiu. e 3. 2b" ©tatersat of an objection is not aeaignable cr traasxsrahu" ' t Von vrlttr n donut by ," " "Govsr=ftnt" or Its duly are _l %*d r*pra- k- sa Mo event shall this a8ree+:a LB acami d e�D LX&alig any xis I.a : l;;_ .einabove described. 7,11., ftle instrument amn ^- =1 as Ig` '- ig IfAt "- e-xe *ss of the ruts and later *eatB - `•IYY ovssd b9 °_ °_� "Oovez at" no* an in any say graatix ray J+are e -' "?ntarest® s NI TER 882TUa The "Government' hereby states that no objection is made to the "User's" ooa: 5. The *User* shall retain title to the ■Facility* covered by this instrmasat and all costs and ems incurred in connection with the con - stracting, maintenance, operation, repair and removal of said *FacilityR shall be borne by the nUser.' upon the twidmtion of the use, the *User* shall zwove the hareinabove described facility and restore the land described, as aaa— an p- ;tio able to its condition Wyor to the oonatr'-etion of the aft0il- ite to a he Xt I afac-tion of the + ." in th event the Wuser'! tells or rafnsss to remove the "FaoiliW and restore the preaises to the satteAt® #ion of the "QeverAmant,* the adovernaent• may do so and any expenses incurred by the *Qovarw --&t§ in reaooving such * Faoility* or property or in restoring V* lased, ob@21 be reinbarsed by the *User.* 6. LU setivities an partain to the aforet" d use aisall be at the vole cost of the •User," and sha'] bo aobjeet " such reasonable rules and rep ationsf as regards supervision or otherwise, as my 9-mm tavm to tlm be prescribed by the RGovernment" or by the District Public Works Officer, tighth Naval District, New Orleans, Louisiana, who is hereby designated a a the local representative of the 'Governments in obarge of administering this agreement. 7. $n the event tha`6 death or iujuzy occurs to any person, or lose, destruction or damage to any property, in connection with the construction, wAntewmae, operation, repair, renoval or restoration of the hereinabovc described "Facility" occasioned in whole or in part by the acts or omissions of the *Usere its agents, servants or employes, the *User* agrees to Indem- nify and save harmless the RGoverament* from and against any loss, upenee, suit, claim, or demand to which the *Oovernmsat* may be subjected as a result of death, injury, lose destruction or damage. But this agsessent shall not be construed as giving any cause of action for rennver7 of aW stm by anyone other than the WGovernment* and the claims resulting from acts or emi.seaiins of the RGoverm entR will not be subject of indemnification or reimbursement. S. The •User* shall be responsible to the 80ovament* for any and &.a lose or u >r 3e to *Goverment* property, arising out of the amacIciss of �i. 4 thvie eewrimo+t agreement. Any property of the RGovermente damaged or destroyed by n _ _ of _ )rein, *W-4 be prsmptlT re- of paind by the 'User" to the satisfaction of t-" -,o Or-or- ° _ ,nt■ or ir I.Non, of rnc% s2- llwlnc!•'�—t' et t11-0 eltotioa t Meflejest to C- -- _,tn as C 2 de�-- -i v-, c- d-2trwtiox ar � 0(1,,- -- y' - - 9. 17 I-a Av-�.amxt concems use of a 6 I dr4-4 for a -IfIc -Rose as bx:.jix got oft the Sbau act c:' as vith the Q" "id cajAppaut of ri,- k z­-, -s,4 of Is the lard by %be "Gui�umwst," Ita a&-,. -,rsa w asilgwig. I.Q. No waber of or delegate to Um ibogrems., or R"Idoxg CommUsiox- ar shall be sidnitted to any eb-Arm or part ct t—hip agmemant, ov to wq hwWlt theref-rcm. Nothing, however, h�-etn c3nt--'-rn—A eboU he ecustrued to AAM to Pay ImmTorated coop y, If the awast, agrecaut be for Us gemusl bessfit of such corporation or coupsay. U. 2M Veer" warrants tbut,so person or agency bas been coployed or rotalmed to sollolt or secure this agreement, q= an apsommat or vadwstana- IN far IL Mmdgalojk, percentage, brokarap, w emblMeab fen, ozoopting bo2a establiCad ocomercial agencles, 011RUIRIld bY 'WIG VSWM for t1se PWRONS ot aeaurl" bialsems. Por breach or violatUm of Ole rmnsty, tko "G"wft- phau kAys the right to annul this agreement vithout uOilliw"Or in lim di"retlAmo to rnul" MWMt to tJw "GavernoW by the "Wee t"a fuJ2 CC SUCh 040019110M, perastags, br*uU*, or contingent to *. Iff WZMS wMW, us Jkvy Doputment ou behan or the mited states of Auu,loa has Oftn"d USS consent &groom=% to be erscuW this day 19-- UHM STMO Or AM= By� F, L. IN22MM Captain, cu, USN District PublIc Works Officer P49btb Naval District Acting under tie Direction cc tas Qbier Of the Weau of Yalu and Bodo and the Secretary of the 11avy - 3 - f i R c�ar�r , it also SMWjW by the NVOws sa 441010'•`7. . and WMTtans of the tam i Ord ecna "t forth tilsrs314 tml►._.._.....� day of • �—= c=Tr 017 CDOM CAM HERBERT W. WHITNEY Ci TY MANAGER ,ATTMs APMM AS Yo aAW' NNEX M 19-1 rney cSHnnUTE OF LOTi1)= mm 011 EMT or DOW 1, HERBERT W. WHIITNEY � earthy ttat I as the City Sanger of the City of corpus Christi, �ea$s, a anusioipa7. corporation, joorporated under tba Borers Rule etatntea of tt St to of Twoe, WA that I, vm sigued the ebova � t on bsha7�' of VIO qty Of cores Christi. Vag and foregoing oonaut a�sss�an le& the City ganger, 4 .aid M'mlelpa ' Corporation} that said aonsen� awe® - u agnt teas duly al6ned for! and on behalf of mad City oS Corpus Christi by Authority o? Ito govRr>ai�nL � aad is vltbin tau P '� � its so�a8tO powers. i a jruZ F a Arad 3 n -.a County, TS=E f o 9 N 6 , a CORPUS CHRISTI' EXAS 7° DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS ' FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEo 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; I', 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' MavOR THE CITY OF CORPUS CHRISTIgT I THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD 67-G TON R. SWANTNER DR. JAMES L. BARNARD JosE R. DELEDN 11& M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NQ VOTE: BEN F. MCDONALD TON R. SWANTNER efe DR. JAMES L. BARNARD JOSE R. DELEDN M. P. MALDONADO W. J. ROBERTS JAMES H. YouNG a i