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Home My WebLink About10068 ORD - 01/13/1971BJW:1/12/71 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND REPAIR A 15- INCH CONCRETE STORM SEWER PIPE TO BE ENCASED IN A 21- INCH BY 16 -FOOT METAL CASING UNDER T. M. SPUR TRACK NO. 66, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HERE- OF; 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 CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE SAID RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND REPAIR A 15 -INCH CONCRETE STORM SEWER PIPE TO BE ENCASED IN A 24-INCH BY 16 -FOOT METAL CASING UNDER T. M. SPUR TRACK N0. 66, 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 STORM SEWER PIPE CREATES A PUBLIC EMERGENCY AND INPERATIVE 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 / d,Gdl./ DAY OF JANUARY, 1971. 1 ATTEST: T MAYOR 77�P TIED-.GIW OF CORPUS RIST , TEXAS CITY SECREN; APPROVED: 34 Zp""Y OF J NUARY, 1971: 7 C IT ATT OR EY ' p 8.0068 THE STATE OF TEXAS COUNTY OF WEBB [ THIS AGREEMENT ENTERED Into by and between The Texas Mexican Railway Company, a Texas corporation domiciled in Webb County, Texas, hereinafter called RAILROAD, and the City of Corpus Christi, a municipal corporation domiciled in Nueces County, Texas, hereinafter called CITY, WITNESSETHS 1. In considerat ion of the payment by the City to the Railroad of the sum of ONE DOLLAR ($1. 00), subject to the terms and conditions con - twined herein, the Railroad does hereby grant its permission for the City to lay, maintain, operate and repair, for a term of one year, and there- after, one fifteen inch concrete storm sewer pipe under and across T. M. Spur Track Number 66 near the North line of the Pipe Line Service property and the south line of Gulf Iron Works property, all as shown and located on Tex Mex. Drawing 7024 dated November 20th. 1970, attached hereto, made a part hereof and identified as Exhibit "A ". Said fifteen inch storm sewer pipe shall be enclosed and encased in a twenty four inch by sixteen foot metal liner pipe. Said line across the Railroads right -of -way shall be laid and installed at a depth of at least 5 feet below the top of the tie of the existing track as shown on City of Corpus Christi Plans having Drawing STO -322, Sheet 11 of 13. The line is to be installed by boring under the track. 2. The Railroad shall not be liable or responsible for the construction, repair and maintenance at any time for said pipe line crossing or for any injury to pasoa or damage to property resulting from the construction or repair, maintenance or location of said pipe line. - 2 - 3. 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 a written permit for each such occasion shall be obtained from the General Manager's Office in Laredo, Texas, of the RAILROAD, and the CITY hereby agrees to conform to the directions and instructions specified in said permit and to maintain continuously said pipe line so as to keep it free from leaks and defects and interference with drainage on RAILROAD property. 4. In' the event the RAILROAD should desire to build an additional track or tracks near or adjacent to the existing railway tracks, and if the CITY has not encased all the pipe line underlying the Railroad's right- of-way at the crossing herein specified, said CITY agrees and 4ovenants that within thirty days after receiving written notice to tha t effect, said CITY at its expense will promptly encase all that portion of the pipe line underlying the present new track or tracks, such encasement to be similar to that stipulated for the pipe line to cross under the present and existing track. S. Said line shall be maintained at all times so as not to leak or to create any kind of a hazard to railroad operations over said crossing. EXECUTED in duplicate on this day of December, 1970. THE TEXAS MEXICAN RAILWAY COMPANY BY B. F. Wright, Jr. PRESIDENT ATTEST: RAILROAD Secretary, The Texas Mexican Railway Company CITY OF CORPUS CHRISTI ATTEST: BY City Manager City Secretary CITY r • - 3 - THE STATE OF TEXAS j COUNTY OF WEBB j BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared B. F. Wright, Jr., President 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 pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 197. Notary Public, Webb County, Texas THE STATE OF TEXAS j COUNTY OF NUECES j BEFORE ME, The undersigned authority, a Notary Public, in and for Nueces County, Texas, on this day personally appeared , 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 tome that the same was the act of the said Citycf 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 day of , 197 . Notary Public, Nueces County, Texas Iry I I,- I 93 j J. 1 . H A I L E Y PIPE L I N E S E R VI C E �ffi PIS, at GULF I R O N A Se-- METAL WORKS '0' 10 G, V L F I R 0 N "� Uj N a C 0. z 11 7 7 A L C W C3 M CS ca JIB GULF STEEL PIS, 6 F A R R A R THE TE'C-,S- MEXIC.'-', I'41LIA'AY CONIPAINTY SKETCH S'-IOWI.*,.G 15-inch concrete pipe storm sewer line City of Corpus Christi, Texas Corpus Christi, Texas SCALE: III-1001 DRAWING NO.: 7024 Nov. 20, 1970 GULF I R O N METAL WORKS "� •i i 6 F A R R A R THE TE'C-,S- MEXIC.'-', I'41LIA'AY CONIPAINTY SKETCH S'-IOWI.*,.G 15-inch concrete pipe storm sewer line City of Corpus Christi, Texas Corpus Christi, Texas SCALE: III-1001 DRAWING NO.: 7024 Nov. 20, 1970 • Corpus Christi, exas day of , 19 71 .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, MAYOR VIO-M THE CITY OF The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberta e Ronnie Sizemore 941—L- The above ordinance was passed by the following vote: Jack R. Blackmon a Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore #�