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HomeMy WebLinkAbout10458 ORD - 09/08/1971AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO GRANT A REVOCABLE PERMIT TO THE TEXAS - MEXICAN RAILWAY COMPANY FOR THE OPERATION OF A RAILROAD SPUR ACROSS HOLLY ROAD NEAR STATION 315 + 50 OR MILE POST 5.9 TO SERVE A TRACT ADJOINING THE MUNICIPAL SERVICE CENTER, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE TEXAS MEXICAN RAILWAY COMPANY HAS MADE REQUEST FOR A RAILROAD SPUR ACROSS HOLLY ROAD NEAR STATION 315 + 50 OR MILE POST 5.9 TO SERVE A TRACT ADJOINING THE MUNICIPAL SERVICE CENTER; AND WHEREAS, THE OWNER OF THE 9.31 ACRE —TRACT HAS AGREED TO FURNISH THE NECESSARY EASEMENTS ACROSS THE TRACT FOR THE FUTURE EXTENSION OF THE SPUR TO SERVE THE MUNICIPAL SERVICE CENTER; AND WHEREAS, IT HAS BEEN RECOMMENDED BY THE DIRECTOR OF ENGINEERING SERVICES THAT SUCH REVOCABLE PERMIT BE GRANTED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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 GRANT A REVOCABLE PERMIT TO TEXAS — MEXICAN RAILWAY COMPANY FOR THE OPERATION OF A RAILROAD SPUR ACROSS HOLLY ROAD NEAR STATION 315 + 50 OR MILE POST 5.9 TO SERVE A TRACT ADJOINING THE MUNICIPAL SERVICE CENTER, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE AFORESAID PERMIT WITHOUT. DELAY CREATES A PUBLIC EMERGENCY AND AN 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED, FINALLY ON THE DATE OF ITS INTRODUCTION ANDTAXE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE U r DAY OF SEPTEMBER, 1971. ATTEST: r 0 c City SEC ETA Y MAYOR APPROVE,: THE CITY OF C S CHRISTI, TEXAS e�l1cgp CITY�ATTORN Y /` 10458 EASEMENT THE STATE OF TEXAS COUNTY OF NUECES Q THERE IS HEREBY GRANTED TO THE TEXAS - MEXICAN RAILWAY COMPANY A REVOCABLE PERMIT FOR THE OPERATION OF A RAILROAD SPUR ACROSS HOLLY ROAD NEAR STATION 315 + 50 OR MILE POST 5.9 TO SERVE A TRACT ADJOINING THE MUNICIPAL SERVICE CENTERS UNDER THE FOLLOWING TERMS AND CONDITIONS: ALL INSTALLATION WORK SHALL BE DONE WITHOUT UNDUE INCONVENIENCE TO THE-PUBLIC IN THE USE OF HOLLY ROAD AND WITHOUT OBSTRUCTION OF THE FLOW OF VEHICULAR TRAFFIC ON HOLLY ROAD. SUCH CONSTRUCTION SHALL BE CONSTRUCTED IN ACCORDANCE WITH SPECIFICATIONS APPROVED BY THE DIRECTOR OF ENGINEERING SERVICES OF THE CITY AND SUCH CROSSING SHALL BE SO CONSTRUCTED THAT THE LEVEL OF THE TOPS OF THE RAILS SHALL BE AT THE GRADE LEVEL OF THE PAVED PORTIONS OF SAID HOLLY ROAD AND SUITABLE PROVISIONS SHALL BE MADE TO CARRY OFF DRAINAGE WHICH WOULD OTHERWISE BE IMPEDED BY SUCH RAILROAD CROSSING. 11 ANY INSTALLATION BY GRANTEE SHALL BE SO CONSTRUCTED AS TO PROVIDE A SMOOTH CROSSING FOR VEHICLES OF SAID TRACKS AND GRANTEE SHALL KEEP SUCH ROADBEDS STREET CROSSINGS, SWITCHES AND DRAINAGE IN GOOD REPAIR. III GRANTEE SHALL COMPLY WITH ALL PROVISIONS OF EVERY CITY ORDINANCE NOW EXISTING OR WHICH MAY HEREAFTER BE ADOPTED CONCERNING RAILROAD TRACKS INS ON OR ACROSS PUBLIC STREETS AS WELL AS ALL ORDINANCES CONCERNING OPERA- TIONS OF TRAINS ON AND ACROSS PUBLIC STREETS. (V ANY INSTALLATION MADE BY THE GRANTEE SHALL BE SUBORDINATE TO VEHICLE AND UTILITY USES OF SAID HOLLY ROAD AS WELL AS SUBORDINATE TO ALL PEDESTRIAN TRAFFIC THEREON AND WHEN REQUIRED BY THE CITY THE GRANTEE SHALL ADEQUATELY PROTECT ANY AND ALL UTILITY LINES NOW EXISTING OR WHICH MAY HEREAFTER BE INSTALLED IN SAID STREET RIGHT OF WAY. V . THE FULL CROSSING SHOULD BE A FULL PLANK CROSSING. ALL WORK WITHIN THE CITY'S RIGHT OF WAY IS TO BE PERFORMED BY THE RAILROAD AND INSPECTED BY THE CITY. AN EASEMENT GRANTED OVER THIS TRACT SHALL BE ALL • . , • THE WAY TO THE NORTH BOUNDARY LINE OF THE TRACT WITH THE STIPULATION THAT THIS SPUR CAN BE EXTENDED ONTO THE CITY'S PROPERTY. TRAFFIC SHALL BE PROPERLY DETOURED DURING CONSTRUCTION, AND ALL PROTECTIONS NECESSARY SHALL BE MADE TO PRESERVE THE UTILITIES UNDER HOLLY ROAD, PARTICULARLY THE LARGE WATER LINE. VI THIS GRANT SHALL BE SUBJECT TO FORFEITURE AT ANY TIME THAT GRANTEE SHALL FAIL TO PERFORM THE CONDITIONS HEREOF AND SHALL BE SUBJECT TO THE RIGHTS OF THE COUNCIL, UNDER THE PROVISIONS OF THE CITY CHARTER, AT ANY TIME TO FORFEIT AND DECLARE CANCELLED SUCH EASEMENT HEREBY GRANTED. THE INSTALLATION OF ANY RAILROAD FACILITIES IN HOLLY ROAD SHALL CONSTITUTE ACCEPTANCE OF THIS EASEMENT AND AN AGREEMENT ON THE PART OF THE GRANTEE TO INDEMNIFY AND HOLD HARMLESS THE CITY AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES TO PROPERTY OR INJURY -TO PERSONS ARISING BY REASON OF MAINTENANCE OR OPERATION OF ANY OF THE RAILROAD FACILITIES IN SAID HOLLY ROAD BY THE GRANTEE, ITS AGENTS, SERVANTS OR EMPLOYEES. WITNESS MY HAND, THIS THE DAY OF , 1971- ATTEST: CITY SECRETARY AP VED: DAY OF SEPTEMBER, 1971: V rl CITY ATTORNEY � CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND CITY MANAGER • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS ADAY OF 197 vv77 1 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, O 4 MAYOR THE CITY OF C P CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE $12EMORE �-I' CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LO ZANO, SR. J..HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ GL�� REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK