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Home My WebLink About09468 ORD - 08/27/1969dKH- 6 -26 -69 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND REPAIR AN EIGHT -INCH (S") WATER LINE BENEATH THE RAILWAY COMPANY'S RIGHT OF WAY AT APPROXIMATELY 4251 FEET EAST OF MILE POST 157 OR THE INTERSECTION OF HIGHWAY'44 AND McCAMPBELL ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TW 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 EXECUTE AN AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE SAID RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND REPAIR ONE EIGHT —INCH WATER LINE BENEATH THE RAILWAY COMPANY'S RIGHT OF WAY APPROXIMATELY 4251 FEET EAST OF MILE POST 157 OR THE INTERSECTION OF HIGHWAY 44 AND MCCAMPBELL ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE a A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR PROVIDING ADEQUATE RIGHT OF WAY FOR THE PLACING OF SAID WATER LINE 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 MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE 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 69 Z DAY OF AUGUST, 1969. ATTES 77W, CITY SECRETAR YOR � APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS DAY AUGUST, 19 . e- ITY ATTORNEY THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Q THIS AGREEMENT ENTERED INTO BY AND BETWEEN THE TEXAS MEXICAN RAILWAY COMPANY, A TEXAS CORPORATION, DOMICILED IN WEBB COUNTY, TEXAS, AND HEREINAFTER CALLED "RAILROAD", AND CITY OF CORPUS CHRISTI, A TEXAS CORPORATION, DOMICILED IN NUECES COUNTY, TEXAS, HEREINAFTER CALLED I. C I T Y 11, W I T N E S S E T H: 1. THAT THE CITY DESIRES TO INSTALL AN EIGHT -INCH (8")'WATER PIPE LINE BENEATH THE TRACKS OF RAILROAD AT APPROXIMATELY 4251 FEET EAST OF MILE POST 157, OR THE INTERSECTION OF HIGHWAY 44 AND MCCAMPBELL ROAD, ALL AS SHOWN ON THE SKETCH WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR PURPOSES OF DESCRIPTION AND LOCATION. 2. SAID EIGHT -INCH (81 WATER LINE SHALL BE ENCLOSED AND ENCASED IN A CONDUIT FOR A DISTANCE OF 30 FEET IN BOTH DIRECTIONS FROM THE CENTER OF THE CENTERLINE OF RAILROADS MAIN RAILROAD TRACK. SAID WATER LINE ACROSS THE RIGHT OF WAY SHALL BE LAID AND INSTALLED AT A DEPTH OF AT LEAST FOUR FEET (4') BELOW THE TOP OF THE TIE OF THE EXISTING TRACK. 3. THE CITY WILL MAINTAIN SAID LINE SO AS TO KEEP IT FREE FROM LEAKS ,A1ND SO THAT IT WILL NOT IMPAIR DRAINAGE. V. THE RAILROAD AGREES THAT SUCH WATER PIPE CAN BE INSTALLED AS ABOVE STIPULATED AND THE CITY AGREES THAT IT WILL BE INSTALLED AND MAIN- TAINED AS ABOVE SET OUT. 5. ALL OBLIGATIONS IMPOSED BY THIS CONTRACT SHALL BE PERFORMABLE IN NUECES COUNTY) TEXAS, AND BINDING ON THE PARTIES HERETO, THEIR SUCCES- SORS AND ASSIGNS. EXECUTED IN DUPLICATE ON THIS THE DAY OF AUGUST, 1969. ATTEST: THE TEXAS MEXICAN RAILWAY COMPANY BY SECRETARY GENERAL MANAGER ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER APPROVED: DAY OF AUGUST, 1969: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF WEBB Q BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR WEBB COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED GENERAL MANAGER OF THE TEXAS MEXICAN RAILWAY COMPANY, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME 15 SUB- SCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID THE TEXAS MEXICAN RAILWAY COMPANY, A 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, ON THIS THE DAY of , 1969• NOTARY PUBLIC IN AND FOR WEBB COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, ON THIS THE DAY of , 1969• + NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS W � POLY Ex�sTirvG CPoss EJ( /ST /NG 'd c4" Tz-X - /VzX A:;, R. no — Pea -OSEO 16" STEE4 E- ��PO oOSED 8 1AC c4S/NG 44 572ff T -F— ROBS OWN _ EXIST /NG /.ZxBTEE i P�oPOSED /2" C j� �3p' A04VG� 300 300' ,gOOo Q . CITY CORPUS CHRISTI WATEQ DIVISION C) O I O AUG. 4,169 SCALE 1"- 100' S:w711:4g 0-t- Corpus Christi, Texas day of 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, 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; I, 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. Respectfully, f1l HE CIT Y OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the ng vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick'Btadley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the followi g vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore