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Home My WebLink About10071 ORD - 01/13/1971VMP:1/12/71 q AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PIPELINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL A 42 —INCH WATER DRAINAGE PIPELINE CROSSING RAILROAD RIGHT OF WAY IN JOHN STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, 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, TEXAS: SECTION 1. THAT THE CITY MANAGER 13 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A PIPELINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL A 42 -INCH WATER DRAINAGE PIPELINE CROSSING RAILROAD RIGHT OF WAY IN JOHN STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, 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 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 INTRODUC- TION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMER- GENCY AND NECESSITY EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE Ise;lf- DAY OF JANUARY, 1971. ATTEST: CITY SECRETARY MAYOR pre•iem THE CITY OF C PUS ISTI, TEXAS AP DAY OF JANUARY 1971: .�Z� %. CITY TTORNEY 10071 1 PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, December 282- Form 200 6169 , 19 70, WITNESSETH; The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( a municipal. corporation ), (individual, copartners or Corp. & state where incorporated) to be addressed at P.O. Box 9277, Corpus Christi, Texas, 78408 , hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying water drainage the Licensee's own. one certain proposed (number) (proposed e*1st4 continuous line -of corrugated metal pipe , 42 inches in diameter, and appurtenances,/-/ herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used for conveying water drainage. Pipe Line shall intersect Carrier's existing /00_ right of way , in John Street , (4reeright of way) Nueces County , Texas xvab= near Corpus Christi . (county or parish) (state) (place) Approximate location of Pipe Line is indicated by heavy black line on Exhibit A attached hereto as part hereof. I. Licensee shall at all times keep Pipe Line in good state of repair. All work by Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as made at any time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least - four and one -half feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit B attached hereto as part hereof. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Car- rier One Hundred dollars to cover clerical, administrative and handling expense. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives. No provisions of this paragraph, nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any responsibility or liability. 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use, existence or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused and regardless of any negligence on the part of Carrier, or otherwise. - 1 - • Form 20021 6/69 0 3. Term hereof shall begin with December 28, , 19 70, and continue there- after until concluded (lst) by expiration of --__ thirty days following serving, by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election without further notice, by expiration of six months without the Pipe Line having been installed or by Licensee failing (a -1) to cure any default or (a -2) to show statutory right to install Pipe Line within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any sub- sequent default. WITNESSES: ATTEST: By (Affix Sea Secretary l WITNESSES:' �2 - MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein CITY OF CORPUS CHRISTI By As Licensee, secoifd party herein YJ :.�-. r2:6 I � • VV Ij ADO: V) �i - "EXHIBIT, • T' MISSOURI PACIFIC RAILROAD GULF DISTRICT i(Ingsville Division( �ots.n I . ,,• �'.��. a� ��a1�s�ilfiiJr _ `� • -` NYC �F .M ______ c.vr<w -` t��rr��,�. / r r, • —_ — --- �'s-- _ - -_ -- ----- - - - - -- -vim -- . —{- ¢ `' c. w a t r D • J . p 4 K 4 Ottice of District Engineer, - Hcustxi, Teas Note Book I Scale /c. o ' Gr�Csmcn G r I Date /x -3o ?al He Pla. ),117. f _ f Corpus ChrisLi Texas Lf,1 day of: , 19 ?� L TO THE ZlF211BERS 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 OF The Charter rule was suspended by the following vote: Jack R. Blackmon c Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fo ocaing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de As es Ken McDaniel W. J. Nrangler" Roberts Ronnie Sizemore I, TEXAS 0