HomeMy WebLinkAbout09488 ORD - 09/17/1969Bjw:9/15/69
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A
CONTRACT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHERE-
BY THE RAILWAY COMPANY AGREES THAT THE CITY MAY LAY,
MAINTAIN, OPERATE AND REPAIR A 42 -INCH WATER PIPE BE-
NEATH THE TRACKS OF THE RAILWAY COMPANY AT HIGHWAY 44
AND PADRE ISLAND DRIVE, 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 THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
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
A CONTRACT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE SAID RAILWAY
COMPANY AGREES THAT THE CITY MAY LAY, MAINTAIN, OPERATE AND REPAIR A 42 -INCH
WATER PIPE BENEATH THE TRACKS OF THE RAILWAY COMPANY AT HIGHWAY 44 AND PADRE
ISLAND DRIVE AT ABOUT 252+56 FEET WEST OF MILE POST 157 IN NUECES COUNTY,
TEXAS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE 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
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, AND HAVING REQUESTED THE SUSPENSION OF
THE 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 /9-9 DAY OF
SEPTEMBER, 1969.
ATTEST: v/ /
I'A' /'__ , ,
CITY SE E 4 R MA O
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
f� DAY OF SEPTEMBER, 1969:
CITY ATTORN Y
Bjw:9/15/69
THE STATE OF TEXAS [
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES 1
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
MUNICIPAL CORPORATION, DOMICILED IN NUECES COUNTY, TEXAS, HEREINAFTER
CALLED "CITY ",
W I T N E S S E T H•
1. THAT THE CITY DESIRES TO LAY, MAINTAIN, OPERATE AND REPAIR A
112 -INCH WATER PIPE BENEATH THE TRACKS OF THE RAILWAY COMPANY AT HIGHWAY 44
AND PADRE ISLAND DRIVE AT ABOUT 252+56 FEET WEST OF MILE POST 157 IN NUECES
COUNTY, TEXAS, AS SHOWN ON THE SKETCH WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF FOR PURPOSES OF DESCRIPTION AND LOCATION.
2. SAID 42 -INCH 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 (41) 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
AND SO THAT IT WILL NOT IMPAIR DRAINAGE.
4. THE RAILROAD AGREES THAT SUCH WATER PIPE CAN BE INSTALLED AS ABOVE
STIPULATED AND THE CITY AGREES THAT IT WILL BE INSTALLED AND MAINTAINED 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 SUCCESSORS
AND ASSIGNS.
EXECUTED IN DUPLICATE, ON THIS THE DAY OF SEPTEMBER, 1969.
ATTEST:
THE TEXAS MEXICAN RAILWAY COMPANY
SECRETARY BY
VICE- PRESIDENT
ATTEST:
CITY OF CORPUS CHRISTI
CITY SECRETARY BY
CITY MANAGER
APPROVED: DAY OF SEPTEMBER,1969:
CITY ATTORNEY
Corpus Christi, T as
+ M4day of 19'a %
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 presene meeting of the
City Council.
Respectfully,
. .. CL.C.7
fA OR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
` Jack R. Blackmon _1.
Gabe Lozano, Sr. /
V. A. "Dick'Bradley, Jr. )
Eduardo E. de Ases
Ken McDaniel )
W. J. "Wrangler" Roberts Q/
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases �'-
Ken McDaniel
W. J. °Wrangler" Roberts
Ronnie Sizemore