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Home My WebLink About06933 ORD - 06/12/1963IMS:JH:6 -10 -63 y AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO GRANT A PERMIT TO THE TEXAS MEXICAN RAILWAY COMPANY FOR CROSSING VILLA DRIVE AT A POINT APPROXIMATELY 265 FEET SOUTH OF THE RIGHT OF WAY OF BALDWIN BOULEVARD, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE TEXAS MEXICAN RAILWAY COMPANY HAS MADE REQUEST FOR A SPUR TRACK CROSSING OF VILLA DRIVE TO AFFORD SWITCHING PRIVILEGES AND CON- NECTIONS TO BUSINESS ESTABLISHMENTS ABUTTING ON VILLA DRIVE; AND WHEREAS, IT HAS BEEN RECOMMENDED BY THE DEPARTMENT OF PUBLIC WORKS THAT SUCH A SIDE TRACK AND SWITCH PRIVILEGE EASEMENT BE GRANTED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO GRANT A SWITCH TRACK AND SWITCH PRIVILEGE EASEMENT TO THE TEXAS MEXICAN RAILWAY COMPANY TO CROSS VILLA DRIVE AT A POINT APPROXIMATELY 265 FEET SOUTH OF THE RIGHT OF WAY OF BALDWIN BOULEVARD IN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE AFORESAID PERMIT WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARIER 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 THAT SUCH EMERGENCY AND 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE AY OF JUNE, 1963. A CITY SECRETARY` THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEC/6 FORM THIS p _ DAY OE JUNE, 1963: CITY ATURNEY 6933 EASLW_ THE SUTE OF CONTY , or, M19crs - THk`RC IS NiRCSY GRANTED t0 fmt TEXAS MCXICAN RAILWAY COMPANY A SIDE TRACK AND $141TCH PRIVILEGE EASCMENT TO CROSS 'VILLA DRIVE AT A POINT' APPROXIIIAULY i6 PICT SDUTA OF THE .RIGHT Of VAY Of BALD411M 113OUL9VARD TO SERVE THE OUNERS A140'8US1NE6S E6TASL1SOMCNTS'NAVIMG THEIR PROPERTY AOUTTINO ON.VILLA DRIVE UNOT,R_'IIIE FQLLG'"6 TERMS AND CONDf -' TiONSt- ALL INSTALLATION WOOK ;MALL -69 00mi WiTiiOUT UNDUE INCONYCNI9NI:E TO THE'PUS41C IN 1149 USE OF VILLA ORtVE AND VIT04MY OOSTRUCTING THt FLOW OF VCHICULAR TRAFFIC ON VILLA DRIVE .: SUCH ,COMSTROCTION SHALL GC CONSTRUCTED IN ACCORbANClcw#1 I SPEC4 CAt1ONS.,AP1!RQVED SY THE DIIIECTOR, OF PUSLIC WORKS i OF THE CITY AND 6LCH CROSSING SHALL EE Sa CONSTRUCTED THAT TH4 LEVEL OF TM9 TOP$ OF.TNIL RAILS - SHALL 09* AT TN9 GRADE L%VCL-OF TNC WAVED PORT_iONS OF SAIO}I11LLA'DRIYC °AND SUITANLK PROVISIONS SMALL OE MA09 TQ CARRY 06P ORAINAGE ' 1AIICFI'MOUl4 OTiIERViYZ SE= iIiPCOCP -liY SUCH RAILROAD CROSSIMGa ANY. INS'[ALLATIClij AjANTEE SHALL SE SO CONSTRUC190 AS TO PROVIDE A SNOOTM CR08Sima vO VEHICLES OF 01D TRACKS A90 GRANTEE SMALL KEEP SUCH ROAD9E030 ST499T CROSSINGSy $d1TCH99 AND'DRAIRAOE, IN GOOD KPAIRa' GRANTEC SHALL CDNPLY WITH ALL PIIOViSIONS OF EVt*Y C11V OADINANCE . NOW t%ISTINO_QR VHICH'NAY HEREAFT9R 89 AOOPTCQ CONCERNING RAILROAD TRACKS` IN, ON OR ACROSS" PUALIC STREETS AS WILL AS ALL' QRDIf(Ascili CONCERNING OoERATIONS 0 YR111NS ON -AND AI:1(DSS PUELIC STirfto. ANY INSTALLAT101i ;NAvf 'AT THE GRANTEE S14ALL afl iU0pR011lArE 3 10.VEHICL� AND VTII.ITY'4JSCi OF 341!.10 YILLA'DRIYE Ali WELL Ai iUtOROIlIATE ' a' TO ALL otmim,%o - ToIwiC THtREON Aldo VHEN REQUIRED by THEI- CTTY,' THE,, GRANTEE 3HALI AVCQUATELY PROTECT AMY',Al;b ALE UTILITY 10NES MOW ERISTINO, 4': • OR o"1C14 NAY',NIt1 WTGR Ut INSTALLED IN SAID Sih r )IIOHt'0► 4AV. THIS 411ANr -ANALI St SUB lttr TO fbRiElTuRiE !tY AN5 TIME TUC • ` GRANTEC'SHkLL-OAIL,-to PrRFORM.YHC CONDIT10N6 HtREOF AHD iHALL`IIC y ',• iTliSdtCT tO THE RIGHTS OF THE COHNCILA'•UI/OER`Tilt PNOVISIONl'OF pit CITY , CMARTCRA AT ANY TINt 'T0 FORFEIT AND pECLARE CAIdCtLLED SUCH CASENtNt rHE `dIISTAIIAt`tAN 01, ANY RlTLkOA0 PAC I4TiIES IN VILL A DIIIYC , '10ALL CONSTITUTE AtCEPTANCC OI THIS CASCHENT•AND AN AGREEMENT ON THE !'ART•D6 THE GOMM TO 1019EMHIFV AND MOLO HAW&Cli5 THE CITY AOAIlop " ANY tLAIM OR CLAJNS FOR OAIIAOES' TO PRO!$fIT,Y•OR lowilY TO ABRSON$ ARWilo-, ' iY 9CAi69'OF MAIAttkANCE.OR OlEff IDN OF ANY ,Or. %NE RA-ILIIbAD~FACILVT�u• "`_ - •• 18 LAIR VILLA�QRIVE IIY'�TMC GRANTEE' °ITi AGENYix•_atRVANt� tSR. [NlLOYiE #.` WITIA35 W HAW Te►a THE ^DAY Of JUNE$1963: CITY 6r CORPUS cmisT1 HERBERT W. Wit]. MY CITY IONAGEII ITT ECRETARY APl;06V b A% tO IXGAL F6RM : THIS DAY `OF AM; M; 1963t - lz • ITT ATTORNAY - 4 .' , Y �, -_ .- . •` • , TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS �AY FOR THE REASONS SET FORTH IN 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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, Y THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON p M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.