HomeMy WebLinkAbout10321 ORD - 06/30/1971vMP:6/28/71 . I . ` `
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER
AGREEMENT WITH THE MISSOURI- PACIFIC RAILROAD COMPANY
TO USE THEIR POLES AND WIRES WITHIN THEIR RIGHT OF
WAY BETWEEN THREE RIVERS, TEXAS, AND THE NUECES
RIVER SOUTH OF THREE RIVERS TO MAINTAIN ONE PAIR OF
TELEPHONE WIRES TO SERVE THE TELEMART TRANSMITTER
ON THE U.S.G.S. GAUGING STATION ON THE NUECES RIVER;
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, TO EXECUTE AN AGREEMENT LETTER
WITH THE MISSOURI- PACIFIC RAILROAD COMPANY FOR THE USE OF POLES AND WIRES
FOR THE MAINTENANCE OF A PAIR OF TELEPHONE WIRES EXTENDING FROM MILE POLE
77 -09 AT THREE RIVERS, TEXAS, TO MILE POLE 79 -00 AT THE NUECES RIVER, TO
SERVE THE TELEMART TRANSMITTER ON THE U.S.G.S. GAUGING STATION ON THE NUECES
RIVER, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF AN AGREE-
MENT FOR THE PURPOSES AFORESAID 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 INTRO-
DUCTION 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, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 69KDAY OF
/ 1971.
V 1
ATTEST: OL.f . Cl",
AYOR
THE CITY OF C CHRISTI, TEXAS
CITY SECR LTAjt) L =�
APPROVED: v
q DAY OF , 1971:
CI ATTOR EY
10321
THIS AGREEMENT, executed in duplicate, June 10, 1971, by and
between MISSOURI PACIFIC RAILROAD COIMPANY, herein called "Carrier ", to be
addressed at St. Louis, Missouri, and the CITY OF CORPUS CHRISTI, a
municipal corporation of the State of Texas, herein called "City ",
WITNESSETH:
RECITAL:
City desires to remove the 10 -pin arms from Carrier's poles
and deliver material to Carrier's station in Three Rivers, Texas;
then replace defective poles with a similar size creosoted
material, and to install 2 -pin arms on each pole with existing
wire placed on the insulators.
NOW, THEREFORE, in consideration of the premises and of the
covenants and agreements hereinafter contained, it is agreed that:
1. Carrier grants to City permission to perform the above work on
pole line between Mile Pole 77-09 at Three Rivers, Texas and Mile Pole 79 -00
at the Nueces River. City agrees td pay Carrier a 01.00 consideration for
privilege granted.
2. City agrees that Carrier has no responsibility for the operation
of said wire line, or liability for the failure of said wire to operate in
the manner it is intended, or for failure to maintain the same.
3. Term hereof 'began June 10, 1971, and shall continue thereafter
until concluded by expiration of 60 days following serving by Carrier on City
or vice versa of written notice of intention to end term or by City failing to
cure any default within 15 days following written request to do so. Any
notice of Carrier or City shall be deemed served when deposited, postage pre-
paid, in U. S. Mail addressed as aforesaid. Not later than last day of term
hereof, City shall remove wires. Any wires not so removed shall, at Carrier's
election without notice, be deemed abandoned. Covenants herein shall inure to
or bind each party's legal representatives, successors and assig=ns. Carrier
or City may waive any default at any time of the other without affecting, or
impairing any right arising from,•any subsequent default.
IN YTITNESS WHEREOF, the parties hereto have caused this agreement to
be executed the day and year first above written.
WITNESSES: MISSOURI PACIFIC RAILROAD COMPANY
ATTEST:
By.
City S cretary
APPROVE
By
General Manager
CITY OF CORPUS CHRISTI
By
A144 4K City Nanager
CIT ATTORNEY , /�V DIRECTOR OF FINANCE
CORPUS CHRISTI, TEXAS
_34� DAY OF
v�
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; 1, 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.
CTFULLY,
.Y
MAYOR
THE CITY OF COR4 S CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE:
BONNIE $IZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
///,
REV. HAROLD T. BRANCH
/�,f✓ I
G2�
THOMAS V. GONZALES
GABE LOZANO, SR.
LLC.LC J
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altIlt-
J. HOWARD STARK
N
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
RONN I E S I ZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
_1
J
THOMAS V. GONZALES
THOMAS
�LGGL
//L�J
GABE LOZANO, SR.
J. HOWARD STARK