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HomeMy WebLinkAbout09646 ORD - 02/18/1970vMP:2/17/70 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CON- SENT AGREEMENTS BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA, REPRESENTED BY THE COMMANDING OFFICER, GULF DIVISION, NAVAL FACILITIES COMMAND, AND BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS MEXICAN RAILWAY COMPANY, SAID AGREEMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF TUO 30 -INCH WATER LINE CROSSINGS ENCASED IN 148 -INCH CASING NEAR RAILROAD STATION NO. 769I-80 AND NO. 13+140 OF THE BROWN AND ROOT SPUR, THE ENCASED CROSSING TO BE A PART OF THE FLOUR BLUFF 30 -INCH WATER MAIN CONSTRUCTION, ALL 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, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO ENTER INTO ONE CONSENT AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA, REPRESENTED BY THE COMMANDING OFFICER, GULF DIVISION, NAVAL FACILITIES COMMAND, AND AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS MEXICAN RAILWAY COMPANY FOR THE CON- 1S, oTRUCTION AND MAINTENANCE OF TWO 30 ■INCH WATER LINE CROSSINGS ENCASED IN H8 -INCH CASING NEAR RAILROAD STATION N0. 769+80 AND NO. 13+'I40 OF THE BROWN AND ROOT SPUR, THE ENCASED CROSSINGS TO BE PART OF THE FLOUR BLUFF 30 ■INCH WATER MAIN CONSTRUCTION, COPIES OF SAID AGREEMENTS BEING ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL INTENTS AND PURPOSES. SECTION 2. THE FACT THAT CONSTRUCTION OF THE SAID 30 -INCH WATER LINES 1S SCHEDULED TO BE BEGUN AT AN EARLY DATE AND THE FACT THAT NO FORMAL WRITTEN CONSENT HAS BEEN RECEIVED FROM THE UNITED STATES OF AMERICA OR THE TEXAS MEXICAN RAILWAY COMPANY CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE 9646 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 /6`I) DAY OF FEBRUARY, 1970. ATTEST: APPROVED: r% DAY OF FEBRUARY, 1970: CITY ATTOR EY CONSENT AGREEMENT of the UNITED STATES OF AMERICA 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 P. 0. Box 1622, Corpus Christi, Texas hereinafter called the "User" to wit: WITNESSETR: 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 of two 30-inch water Jine crossings each encased in a lhR" rasing hereinafter referred to as the "Facility" on, through, under, over and across a portion of land described as follows: 2 strips of land each 40 feet in length and 10 feet in width, the • centerline of which intersects Station Number 769 +80 and 13 +40 of B3:R Spur 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 easement required from the owner 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 ". j 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 "Facility" to the satisfaction of the "Government ". In the event the "User" fails or refuses to remove the "Facility" 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 "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 Commanding Officer, Gulf Divi- sion, Idtval 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 "Facility" occasioned in whole or it 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 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 destrcyed by reason of the exercise of the consent given herein, shall be pro-m.tly repaired by the "User" to the satisfaction of the "Government" or in lieu of 2 such 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 "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 3 UNITED STATES OF AMERICA By THIS CONSP:NT AGREEMENT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of , 19 ATTEST: City Secretary APPROVE AS TO LEGAL FORM THIS DAY OF , 19 City Attorney CITY OF CORPUS CHRISTI By 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 14 U.S NAVAL. AIR STATION %3t¢o of 0 -5,00..z_ RAt00A OLF CADAN SS FIELD of 60,69 64/4 wa-rcr� w4TG2 L vr\Za5 Np5 CJOO O OLF -I WALDRON FIELD L NAAS ODD FIELD NAATC DRAWING N0. NOTE: THIS DRAWING WAS TRACED FROM A REDUCED COPY OF Y & D DRAWING NO. 189900 SCALE IN MILES 0 1 2 $ 8 1 M ` NAVAL IR A ADVANCED TRAIN HG COMMAND CORPUS CHRISTI, TEXAS U S. NAVAL AIR STATION CORPUS CEIRISTI, TEXAS PLAN SHOWING LOCATION OF N.AS. RAILROAD FACILITIES EXHIBIT "A" APPROVED DATE ATISFACTORT TO SCALE AS 550 DATE teo eI.G EXHIBIT "A" Oh 1 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 witS the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay under and across the Government's existing track at the location known as the 769 +80 and 13 +40 "Railroad's" Engineering Stations of B3cR Spur 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 PiESENTS, 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 lines Said pipe line shall be installed and maintained at all times in a proper and protective manner. 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" 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 RAILWAY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company CITY OF CORPUS CHRISTI ATTEST: City Secretary 3 By City Manager °City" 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 NY HAND AND SEAL OF OFFICE, This day of , 1959. THE STATE OF TEXAS COUNTY OF NIECES Notary Public, Webb County, Texas 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 SEAT OF OJiUCE, This the day of 1959. Notary Public, Nueces County, Texas 4 r RPUS CHW!$T! °AY OLF CADANISS FIELD /3 ±40 F1' -4 �13,wW$ZoOliS to CT1 fleazPu5 C 415 2- 8o''WA7 Li A) IZOSSi (-) WALDRON / FIE \ \f j \ l NAAS RODD FIELD UNAGTIVE) AATC DRAWING R0. NOTE: THIS DRAWING WAS TRACED FROM A REDUCED COPY OF Y D DRAWING NO.189900 SCALE IN MILES i Of .4911•41 Of OVMS.OU Of fAXOS _NAVAL AIR ADVANCED TRAINING COMMAND CORPUS CHRISTI. TEXAS U.S NAVAL AIR STATION CORPUS CORISTI, TEXAS PLAN SHOWING LOCATION OF N.A.S. RAILROAD FACILITIES EXHIBIT °A° APPROVED SATISFACTORY TO DATE 6O4E' AS SHOW SHEET oT a OF EXHIBIT WAG Corpus Christi, Texas /i4(day of / 1 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, M&YOR THE The Charter rule was suspended by the following vot Jack R. Blackmon Gabe Lozano, Sr. V. A. "DicW'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts 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 CHRISTI, TEXAS