HomeMy WebLinkAbout08507 ORD - 06/28/1967TEXAS:
i
AN ORDINANCE
AUTHORIZING AND DIRECTING THE-CITY MANAGER TO E
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI
DI Inn wNJIKUI.IIUN Ut IHREE CULVERTS, AS MORE FULLY
DESCRIBED IN COPY OF EACH CONSENT AGREEMENT 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, CONSENT AGREE-
MENTS WITH THE TEXAS - MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF
AMERICA WHICH APPROVES THE INSTALLATION OF THREE CULVERTS OVER, UNDER AND
ACROSS THE GOVERNMENT'S EXISTING RAILROAD TRACK AT THE LOCATIONS KNOWN AS
THE RAILROAD'S ENGINEERING STATIONS 323+86 OF THE MAIN LINE, 45 +52 OF THE
CABANISS SPUR, AND 58+22 OF THE CABANISS SPUR, AS MORE FULLY SET FORTH IN
THE CONSENT AGREEMENTS, COPY OF EACH CONSENT AGREEMENT BEING ATTACHED
HERETO AND MADE A PART HEREOF, SAID CONSENT AGREEMENTS HAVING ATTACHED
THERETO SPECIFICATIONS SHOWING THE EXACT LOCATION OF SAID TRACT AND CULVERTS.
SECTION 2. THE NECESSITY TO EXECUTE THE CONSENT AGREEMENTS AS
OUTLINED ABOVE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES-
SITY 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 THAT SUCH EMERGENCY AND
NECESSITY EXIST, 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 AN A TER ITS PASSAGE,
IT IS ACCORDINGLY.SO ORDAINED, THIS THE 14 v OF 1967.
ATT
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CITY SECRE AR MAYORpia -Tem
APPROVED AS 16 L L FORM TFf1S THE CITY OF R CHRISTI, TEXAS
DAY OF 1967:
CITY ATTORNEY
8507
s .� e
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 NOV(R) -41896 with the "Railroad" concerning
the use of such tracks and facilities; and
WHEREAS, The City of Corpus Christi, Texas desires to install
three culverts under and across the Government's existing track at the
locations known as the "Railroad's" Engineering Stations 323+86 of the
main line, 45 +52 of the Cabaniss Spur, and 58 +22 of the Cabaniss Spur as are
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 crossings 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 hareby
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 culverts.
Said culverts shall be installed and maintained at all times in a proper
and protective manner.
2. It is understood and agreed that before said culverts are
installed and also before any changes or repairs are made at any time, that
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the "User" will notify the General Manager's Office in Laredo, Texas, of the
Railroad. The "User" agrees to maintain the said culverts so as to keep them
free from defects and interference with railroad operations at the said
locations.
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 culverts, including the negligent construction, repair or
failure, in any manner of said culverts, 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 culverts,
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. A11 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 19
THE TEXAS MEXICAN RAILWAY COMPANY
BY
ATTEST:
Secretary, The Texas
Mexican Railway Company CITY OF CORPUS CHRISTI
BY
City Manager
"City"
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF JUNE, 1967:
CITY ATTORNEY
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
19 day of
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
19
Notary Public, Nueces County, Texas
a
CONSENT AGREEMENT
of the
UNITED STATES OF ADE;RICA
THIS AGREEMENT, made and entered into by and between the UNITED STATES
OF AMERICA, represented by the Commanding Officer, Gulf Division, Naval
Facilities Engineering Command, acting under the direction of the Commander,
Naval Facilities Engineering Command and the Secretary of the Navy, herein-
after called the "Government" and City of Corpus Christi whose address is
Post Office Box 1622 hereinafter called the "User" to wit:
• i
WITNESSETH:
The "Government" hereby states that no objection is made to the "Useras"
occupancy and use for the purpose of constructing, maintaining, operating and
repairing of three culverts hereinafter referred to as the "Facilities" on,
through, under, over and across a portion of lands described as follows:
A strip of land 40 feet in length and 50 feet in width, the
centerline of which intersects Station NI ers 323 +86 of the
main line and 45+52 of Cabaniss Spur and a strip of land 40
feet in length and 100 feet in width, the centerline of which
intersects Station +22 of the Cabaniss Spur of the existing
railroad as shown on Exhibit "All attached hereto and made a
part hereof, with ingress to and egress from the said lands 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 "Facilities" and
approval of the plans and specifications therefor.
2. That the "User" assumes the burden of obtaining any easement
reauired from the owners and any and all parties having or claiming to have
an interest herein.
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 "Facilities" covered by this
instrument and all costs and expenses incurred in connection with the con-
structing, maintenance, operation, repair and removal of said "Facilities" shall
be borne by the "User ". Upon the termination of the use, the "User" shall
remove the hereinabove described facilities and restore the land described, as
nearly as practicable to its condition prior to the construction of the '
"Facilities" to the satisfaction of the "Government ". In the event the "User"
fails or refuses to remove the "Facilities" and restore the premises to the
satisfaction of the "Government ", the "Government" may do so and any expenses
incurred by the "Government" in removing such "Facilitiestt 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 IlUser ", 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 Commanding Officer, Gulf Divi-
sion, Naval Facilities Engineering Command, 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 "Facilities" 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 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 tho "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
repaired by the "User" to the satisfaction of the "Government" or in lieu of
2
such repairs or replacements, 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 the specified areas 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 "Government", its grantees or assigns.
10. No member of or delegate to the Congress, or Resident
Commissioner 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 under-
standing 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 "Government" 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
3
• r
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
By
HERBERT W. WHITNEY
CITY. MANAGER
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"
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
BY
Sworn to and subscribed to before me this day of ,19
Notary Public in and for
Nueces County, Texas
4
• CORPU5 CHRISTI EXAS
DAY 917.
TO THE MEMBERS OF THC CITY COUNCIL
CORPUS CHRISTIj TEXAS -
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN
SION 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,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE 'IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFU Y,
O
p
MAYOR ppro :Te
TflE CITY 0 C PUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY TH`E / FOLLOWING
JACK R. BLACKMON �J-
RONNIE SIZEMORE
V. A. "DI CY" BRADLEY, JR./'
J. A. "JACK" GRANT ✓
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR. r
KEN MCDANIEL ,
THE ABOVE ORDINANCE WAS PASSED B'Y /THE FOLLO NG VOTE:
JACK JACK R. BLACKMON yam/ 1
RONNIE SIZEMORE !!./
V. A. "DICK" BRADLEY, JR.✓
J. A. "JACK" GRANT
P. JIMENEZ, JR., M D.� rd I-
GABE Lo ZAN02 SR. /
KEN McDANIEL ✓//
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• ,'r THIS DRAWING VVIAS TRACED i Q.A.S. RAILROAD FACILITIES
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Y & D DRAWING NO. 189,900.
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