HomeMy WebLinkAbout07764 ORD - 10/20/1965B.Iw:to /2o/65 3 "`
1 . ._
AN 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
FOR CROSSING THE NAVY'S RAILROAD TRACK AT THE
FOLLOWING LOCATIONS FOR THE PURPOSES OUTLINED:
STATION-,LOCATION 433 PLUS 62.3, CORPUS CHRISTI
TEXAS, WITH ROAD CROSSING; STATION LOCATION 524
PLUS 68.6, CORPUS CHRISTI, TEXAS, FOR INSTALLATION
OF A 4' x 81 BOX CULVERT; STATION LOCATION 377 PLUS
19, CORPUS CHRISTI, TEXAS, FOR INSTALLATION OF A
7' x 71 BOX CULVERT, ALL AS MORE FULLY DESCRIBED IN
COPY OF EACH CONSENT AGREEPENT 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 433 PLUS
62.3 OF A ROAD CROSSING; STATION LOCATION 524 PLUS 08.6, FOR INSTALLATION
OF A 41 X 81 BOX CULVERT; AND STATION LOCATION 377 PLUS 19, FOR INSTALLA-
TION OF A 7' x 7' BOX CULVERT, ACROSS 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 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)IMERATIVE 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 MEET-
INGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY
AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER
RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUtTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER
ITS PASSAGE, IT IS ACCORDINGLY 50 ORDAINED, THIS THE �� DAY OF
OCTOBER] 1965.
ATTEST;,� � -
i 5
CITY OF CORPUS CHRISTI, TEXAS
GITY✓b ECRETXR"'
APPROVED AS TO L L FORM THI
DAY OF � TOBER, 1965!
1t�'i/1 • ,DI- �-yr�t Fes,. -,� -
Ty ATTORNEY �� '7 7IS11
CONSENT AGREEMENT
of the
jUNITED STATES OF AMERICA
i
THIS AGREEMENT, made and entered into, by and between the UNITED STATES 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 Docks and the
Secretary of the Navy, hereinafter called the "Government" and MY 0'
Cnrgun Chrioti, Tens, .
whose address is Pe ()• x% 16M
hereinafter called the "User" to wit:
j W I T N 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 Zl=d C:'t ZrAng
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 30 feet in width, the
centerline of which intersects Station Number X33 ,� 2.3
of the existing railroad as shown on Exhibit "A" attached hereto and made s
part hereof, with ingress 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 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 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.
k. 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 "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 kbrks 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 loss,
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 dainageo 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.
S. 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" sha3i 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 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 "Government" 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 AMERICA
By
F. L. ENDEBROCK
Captain, CEC, USN
District Public Works Ofkicer
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 OF CORPUS CHRISTI
i ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF , 19_
City Attorney
CERTIFICATE OF AUTHORITY
OF PERSON EXECUTING AGREE-
MENT ON BEHALF OF "USER"
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 and for
Nueces County, Texas
l � G' T
°3 CHR! ,� r
I_�' •
.s s
t
1 OCEAN
I LEXINGTON +t. "- `
BLVD.
j z STATION 433t62.3
o .• CITY 0 E CORPUS CHR TI,- 9�
m ROAD Ga 0`�SING y�
HO
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DRIVE
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\ I SARATOGA
BLVD.
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CABANISS
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NOTE:
THIS DRAWING WAS TRACED
FROM A REDUCED COPY Of SCALE IN MILE
Y 81 D DRAWING NO. 189900
s o I
CONSENT AGREEMENT
i of the
TEXAS MEXICAN RAILWAY COMPANY
i
3
! THIS AGREEMENT made and entered into, by and between the Texas• -
3 Mexican Railway Company, a Texas Corporation domiciled in the County of Webb,
t
State of Texas, hereinafter called the "Railroad" and the City of Corpus
Christi, Texas, a municipal corporation hereinafter called the "User ".
WITNESSETH:
I
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 with the "Railroad" concerning the use
of such tracks and facilities; and
WHEREAS, The City of Corpus Christi, Texas, desires to build a
road crossing
across the Government's existing track, the centerline of which is to be
located at the "Railroad's" Engineering Station 433 + 62.3 as is shown
more particularly on Exhibit "A '; and
WHEREAS, Subject to the terms and conditions stated below, the Texas
Mexican Railway Company has no objection to the crossing of said track
insofar as said Railway Company's operations are concerned;
NOW, THEREFORE, KNOW ALL MIN 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 does hereby grant its permission for the said
City to build and maintain, operate and repair the above listed road
crossing. Said road crossing.shall be maintained at all times in a proper
i
and protective manner.
i•
2. It is understood and agreed that before said road crossing
is built and also before any changes or repairs are made at any time, that
i -•
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a
jthe "User" will notify the General Manager's Office in Laredo, Texas, of the _
t 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
a sufficiently indemnify and save harmless the "Railroad" from all claims,
i
1 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 construction, repair or failure, in any
y 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" under its agreement with the
"Government".
$. 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 road crossing,
said City or "User" has not removed all of its property within a reasonable
length of time, covered by this agreement from over the railroad tracks, it is
understood and agreed that said Railroad shall have the full right in its dis-
cretion to retain said property on said premises or to 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
j 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
t
j successors and assigns.
i -
i
2
t
1
i
i
a
E%ECUTED IN DUPLICATE ON THIS day of
THE TEXAS MEXICAN RAILWAY COMPANY
BY
ATTEST:
I
Secretary, The Texas
Mexican Railway Company CITY OF CORPUS CHRISTI
By.
City Manager
"City"
_ ATTEST:
City Secretary
H -
3 '
i
3 ,
THE STATE OF TEXAS
1
COUNTY OF WEBB
BEFORE 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 name 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 in the capacity therein
stated.
GIVEN UNDER MY HAND AND SERI, OF OFFICE, This day of ,
196 .
Notary Public, Webb County, Texas
` THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, The undersigned authority, a Notary Public in and for
Nueces 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 instrument and acknowledged
to me that the same was the act of the said City of Corpus Christi, a
municipal corporation, and that he executed the same 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 HAND AND SEAL OF OFFICE, This the day of ,
196.. ;
t
Notary Public, Nueces County, Texas
I
!t
J 1'• '
PUS -CHR! S f
STSpC \ 4�F�4 \ OCEAN E
FS \•
i
LEXINGTON BLVD. I
N % STATION 33-62.3
CITY 05, ORPUS CHR TI;
ROAD Ga 0$SING yF N
S
DRIVE tf
w -------
t t
SARATOGA BLVD..'-"
q
• OLF•
i CABANISS
FIELD I• ii �' ' n
IN
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NAAS 'I
RODD
tl ti I FIELD
(INACTIVE)
t:% ..... .I
i � Y
�\ NOTE:
THIS DRAWING WAS TRACED'
FROM A REDUCED COP$ 0,F SCALE IN MILE
Y & D DRAWING NO. 189900 D
.I
3 CONSENT AGRF&MT
1 ,
t of the
— TEXAS MEXICAN RAILWAY COMPANY
i
THIS AGREEMENT made and entered into, by and between the Texas..
1
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 called the "User ".
WITNESSETH:
WHEREAS, The United States of America is the owner of an easement and
t
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 1917, the United States of America
r
entered into an Agreement NOy(R)- 1:1896 with the "Railroad" concerning the use
of such tracks and facilities; and
WHEREAS, The City of Corpus Christi, Texas, desires to
;nc-F.ali a h front by R f—+, h= ril vn�F
across the Governments existing track; the centerline of which is to be
located at the "Railroad's" Engineering Station --524 88.6 as is shown
more particularly on Exhibit "A"; and
WHEREAS, Subject to the terms and conditions stated below, the Texas
Mexican Railway Company has no objection to the crossing of said track
insofar as said Railway Companyts operations are concerned;
NOW, THEREFORE, 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 does hereby grant its permission for the said
City to build and maintain, operate and repair the above listed road
crossing. Said road crossing shall be maintained at all times in a proper
and protective manner.
f
3 2. It is understood and agreed that before said road crossing
is built and also before any changes or repairs are made at any time, that
the "User" will notify the General Manager's Office in Laredo, Texas, of the
Railroad. The "User" agrees to maintain the said pipe line 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 "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 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" 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" 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. 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, Texas.
7. All obligations imposed by this contract shall be perform-
able in the County of Nueces, Texas and binding upon the parties hereto,
their successors and assigns.
2
EXECUTED IN DUPLICATE ON THIS day of 1959•
THE TEXAS MEXICAN RAIL,JAY COMPANY
BY
ATTEST:
Secretary, The Texas
Mexican Railway Company CITY OF CORPUS CHRISTI
By
City Manager
Cityll
ATTEST:
City Secretary
3
THE STATE OF TEXAS
COUNTY OF WEBB
BEFORE 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 name is subscribed to the foregoing instrument and acknowl-
edged 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 in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of ,
1959.
Notary Public, Webb county, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, The undersigned authority, a Notary Public in and for
Nueces 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 instrument and
acknowledged to me that the same was the act of the said 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_ the day of
, 1959.
Notary Public, Nueces County, Texas
�t
I s s
.• I
7 F
srtP <Q,N � _� •
OCEAN
$T 1
I LEXIN ^TON '� ��^• BLVD.
ci t � � rrr � � I� • 9 Y � ,.
STA qON .52 X0&6 1
6I OF CO S CHRISTI
iY
41X *BOX C VERT
HOLLY DRIVE
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----------
_^ SARATOGA BLVD. "
OLF
CABANISS ;i ,'•
n i
FIELD
ti I 1
...,� NAAS I
RODD
? 1 ryd FIELD `
1' 1 (INAGTIYE)
1 r ........... . ......
/\ c
NOTE:
THIS DRAWING WAS TRACED
FROM A REDUCED COPY OF SCALE iN Mill-
& D DRAWING NO. 189900 D
I
I•
CONSENT AGREEMENT
I
of the
UNITED STATES OF AMERICA
? THIS AGREEMENT, made and entered into, by and between the UNITED STATES OF
3 AMERICA, represented by the 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, hereinafter called the "Government" and rity .-P
! Corpus Christi. Texas
whose address is Yost Office Box 1622
hereinafter called the "User" to wit:
{ WITNESSETH:
The "Government" hereby states that no objection is mode to the "U�er.•s"
occupancy and use for the
. p y purpose of constructing, maintaining, -.p °rating and
repairing a 4 foot by 8 foot box culvert
hereinafter referred to as the "Facility" on, through, under, over and across a
porti.gn of land described as follows:
A strip of land 4of feet in length and 151 feet in width, the
centerline of which intersects Station Number 524 a 08.6
of the existing railroad as shown on Exhibit "A" attached hereto and made a.
part hereof, with ingress 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 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 easerent
required for the owner and any and all parties having or claiming to have an
interest therein.
3. This statement of no objection is not assignable or transferable,
except uponwritten 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."
f �
f 5. The "User" shall retain title to the "Facility" covered by this
instrument and all costs and expenses incurred in connection with the con -
j, 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
i 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
i 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 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
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 "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 "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 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 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 conpanyy.
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 "Government" 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 AMERICA
By
F. L. ENDEBROCK
Captain, CEC, USN
District Fublic 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 -
r '
THIS CONSENT AGREEMENT is also executed by the "User" in acknowledgment
i
and acceptance of the terms and conditions set forth therein, this
day of 19_
CITY OF CORPUS CHRISTI
BY
ATTEST:
City Secretary
APPROVED AS TO ISGAL FORM THIS
DAY OF 19
City Attorney
CERTIFICATE OF AUTHORITY
OF PERSON EXECUTING AGREE-
MENT ON BEHALF OF "USER"
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
By ,
Sworn to and subscribed to before me this day of , 19_
Notary Public in and fos
Nueces County, Texas
` wors:
�
THIS DRAWING WAS TRACED
- FROM AREOUCEU COPY . sr4Lc m Mu
Y a D DRAWING NO. 189900
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 "Railroad" 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
WHEREAS, The City of Corpus Christi, Texas desires to
install a 7 foot by 7 foot box culvert `
under and across the Government's existing track at the location known as the
"Railroad's" Engineering Station 377 + 19 as is shown more particularly
on Exhibit "A"; and
WHEREAS, 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 PRESENTS, 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. - k
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
the "User" will notify the General Manager's Office in Laredo, Texas, of the.
Railroad. The "User" agrees to maintain the said pipe line 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 "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 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" 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's 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. 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, Texas.
7. All obligations imposed by this contract shall be perform-
able in the County of Nueces, Texas and binding upon the parties hereto,
their successors and assigns.
2
01
r.
EXECUTED IN DUPLICATE ON THIS day of 1959.
THE TEXAS MEXICAN RAILWAY COMPANY
BY
ATTEST:
Secretary, The Texas
Mexican Railway Company CITY OF CORPUS CHRISTI
By
City Manager
"City°
ATTEST:
City Secretary
3
r
THE STATE OF TEXAS
COUNTY OF WEBB
BEFORE 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 name is subscribed to the foregoing instrument and acknowl-
edged 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 in the
capacity therein stated.
GIVEN UNDER MY RAND AND SEAL OF OFFICE, This day of ,
1959.
Notary Public, Webb County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, The undersigned authority, a Notary Public in and for
Nueces 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 instrument and
acknowledged to me that the same was the act of the said 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 the day of
1959-
Notary Public, Nueces County, Texas
k
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(INACTIVE)
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NOTE:
THIS DRAWING WAS TRACED
FROM A REDUCED COPY OF SCALE IN MILE
Y & D DRAWING NO. 189900 0
s •
CONSENT AGREEMENT
of the
UNITED STATES OF AMERICA
k•
r-
THIS AGREEMENT, made and entered into, by and between the UNITED STATES 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 Docks and the
Secretary of the Navy, hereinafter called the "Government" and City of
Corot- Christi Terns
whose address is P. o. Box 1622
hereinafter called the "User" to wit:
W I T N 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 7 foot by 7 foot box culvert
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 15._feet in width, the
centerline of which intersects Station Number 377 + 19
of the existing railroad as shown on Exhibit "A" attached hereto and made a
part hereof, with ingress to and egress from the said ]and for the purposes
above stated,
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-
quited from the owner and any 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 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."
THIS CONSENT AGREEMENT is also executed by the "User" in acknowledgment
and acceptance of the terms and conditions set forth therein, this
r -
! day of , 19
CITY OF CORPUS CHRISTI
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF 19_
a
City Attorney
By
11
CERTIFICATE OF AUTHORITY
OF PERSON EXECUTING AGREE-
MENT ON BEHALF OF "USER"
I, , 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_
1{
By.
S Sworn to and subscribed to before me this day of , 19!
i
Notary Public in and fo %'
Nueces County, Texas
3
f
r.'
CORPUS CHRISTI, TEXAS
DAY OF , �9
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
D
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
Y Pro -Tem
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLL OW IN VOTE*
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN TE*
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE