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Home My WebLink About10848 ORD - 05/10/1972• JRR:m1:5-5- 72;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE RAILROAD WILL GRANT THE CITY COME-ANY TOBLAY, MAINTAIN, OPERATE, A REPAIR RON FORCE MAIN AND CASING, 8IH CLAY P PESEWER,EACH EASEDIN A 15 -INCH LOCATED APPROXIMATELY 290-FEET WEST OF MILE POST 153 WEST OF CLARKWOOD, TEXAS, ALL IN CONNECTION WITH THE CLARKWOOD SANTARY SEWER AND I MADE A PART PHEREOF; AND ECLARINGCANI HERETO EMERGENCY. 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 execute an agreement with the Texas - Mexican Railroad Company whereby the said Railway Company agrees that the City may install, maintain, operate and repair an 8 -inch cast iron force main and an 8 -inch clay pipe sewer, each encased in a 15-Inch casing, located approximately 290 -feet west of Mile Post 153 west of Clarkwood, Texas, all in connection with the Clarkwood Sanitary Sewer Project, 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 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 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 y after its passage, IT IS ACCORDINGLY SO ORDAINED, this the J day of May, 1972. i0 ATTEST: MA C ty Secre ar YOR THE HR CITY OF CO U CHRISTI, TEXAS APPROVED: A_DAY OF MAY, 1972: /yAtto ney q 1og'ig 7 T" 91 Rev, THE STATE OF TEXAS COUNTY OF WEBB THIS AGREEMENT entered into in Laredo, Texas, by and between The Texas Mexican Railway Company, a Texas cor- poration domiciled in Webb County, Texas, and hereafter called Railroad, and City of Corpus Christi, Texas hereinafter called Permittee, witnesseth: 1. In consideration of the payment by Permittee to the Railroad of the sum of $ 1.00 and subject to the terms and conditions contained herein, The Railroad does hereby grant its permission for Permittee to lay, maintain, operate and repair for a term of one year, and thereafter, but subject to termination at any time after the effective date of this contract, upon sixty days' written notice by either party to the other, one 8" cast iron force main of one 8" clay pipe sewer QQ line, as hereinafter stated. Said 811 cast iron force main and y" clay pipe sewer line shall be enclosed and encased in a conduit for a distance of 15 .feet in both directions from the center of the center line of Railroad's main railroad track. A:tm=kcXkJo=xX iia'E�iC�dLtFS:Xda:C%Il¢� 1iF1 @(�'��X�Yti�XbT�XS�7C�XR:fiX xliiteXar [poltdsxipq>rlrsimatelyi X feets� %iv7:4rid:d2i�Y,�ii•34PW£Hzx knxXscjaxsdss• Said line across the right -of -way shall be laid and installed at a depth of at least 4.s feet below the top of the tie of the existing track. 2. Said 81' cast iron and 8" clay pipe ,sewer line shall be located at about 290' feet west of Mile Post 153 in Clarkwood , Texas. Said 8-, cast iron and 8" clay _pipe line crossing is shown on the attached sketch and said sketch is made a part hereof. 0 3. It is understood and agreed that before said 8" cast iron force main and 8" clay sewer lines xim 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 Texas Mexican Railway Company, and the Permittee agrees to conform to the directions and instructions specified in said permit and to continuously maintain said line so as to keep it free from leaks or defects or from interference with drainage. 4.8 0( 20' dC tN�X %BhCRX�70XH7C97dQFttt�xa�wxx ,x7616 jtk�161t ffi7CaQ1cS, gtSXilLXHaCXrg) 6Y�ij t1' C161¢ CX�1H .'CXtiQC7PSXm'�,SLCx�,^CPSAc IQRS�7FSt< 74RRAIR) ��iXLXSCS��ll�7rffidPYsM1t�X�H' kX@ �CitXAf�CS OCP( T{ C9�i0YP1F E¢P[DfD'UCX�NAX�Y21Mlq`�' u+f�uAtXXt(A6Yd1'Ja1C�efJC 7 QXShG7dR�tIPAXdi ➢t1XIRXdfiS'X1f7ffAStl Mttt[Y7C]hY�](�Xkcf¢7knQ7fl �liXxacax��sztx�tta :�cmt€�acawc�sX�sFxast�xxXxxl xH� xtol2hkvec4d> me�ok�e.., ae, �xxXlthvcRa�Xndldxocxa( zci¢ xaeci aatexilcvcxd6k) dj�sexxa�ibilcaxsax�x4cstlbaxbtacxbiaa #)attic 5. It is further understood and agreed that the Permittee shall well and sufficiently indemnify and save harmless the Rail- road from all claims, demands, damages, actions, costs and charges (including reasonable amounts for attorney's fee) to which said Railroad may be subjected o- which may result, or asserted to result, from the maintenance, use and operations of said 8" cast iron force main and 8" c &ay pipe seweline in, on and across the Railroad's right -of -way, including the construction, repair, or failure in any manner of said line. Such indemnity shall include claims, demands, damages, actions, costs and charges (including reasonable amounts for attorney fees) sustained by Permittee, its agents and employees, and whether or not caused by negligence of the Railroad. 6. All obligations imposed by this contract shall be performable in NUeces County, Texas, and binding upon the parties hereto, their successors and assigns. EXECUTED in duplicate on this 10th day of April ., 1972 ATTEST: Secretary, The Texas Mexican Railway Company ATTEST: City Secretary THE STATE OF TEXAS COUNTY OF WEBB j THE TEXAS MEXICAN RAILWAY COMPANY By Vice President - Operationsiax't=XARMve CITY OF CORPUS CHRISTI, TEXAS R. Marvin Townsend, City Manager BEFORE ME, The cmdersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared General Manager 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 said The Texas Mexican Railway Company, a 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 On this day of APPRQ �D MAY , 19 2 _ Notnry Fublic, Webb County; Texas fG!/ ty Attorney • v • I �,y,, t p PRDPOSED 8 "C.I. PE4�6 DEEP CLAR/<6'�ODD YypT. %j —_ _ L�ix /cwL3:.No,r ROAD SURVEY BASE � /NE ' E' � CLARS'IyOD .Q,D. - PMDPD.S D l!�FlPf /2- /�OfEP ip 479•F -1 5 °v TEX MEXM9w7w TEX i /EX XWf .PACY 477 +01 !$ AMOVSED CLAfVAOOD SAiI/ /TA/�Y SEf'/ER Cmassms AT TE,!' //,,Fly RA/LRDAD sews: ' � TEXMEX T.Y/ICYS �� CIAY P/PF TYP /CAL SECT /ON AT RNIZAOAD T•?ACirY CORPUS CHRISTI, TEXAS to 9k DAY- OF 1917Z 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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCI L; 11 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. RESP LLY� •O MAYOR THE CITY 0 COR S HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUE2, M.D. REV. HAROLD T. BRANCH - THOMAS V. GONZALES GABE L02AN0, $R. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK JRR:ml:5- 5- 72;1st r; AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS - MEXICAN RAILROAD COMPANY WHEREBY TEXAS - MEXICAN RAILROAD WILL GRANT THE CITY A PERMIT TO LAY, MAINTAIN, OPERATE, AND REPAIR AN 8 -INCH CAST IRON FORCE MAIN AND AN 8 -INCH CLAY PIPE SEWER, EACH ENCASED IN A 15 -INCH CASING, LOCATED APPROXIMATELY 290 -FEET WEST OF MILE POST 153 WEST { OF CLARKWOOD, TEXAS, ALL IN CONNECTION WITH THE CLARKWOOD SANITARY SEWER PROJECT, 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: e . 9 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 _ an agreement with the Texas - Mexican Railroad Company whereby the said ' k Railway Company agrees that the City may install, maintain, operate and'' • i ' repair an 8 -inch cast iron force main and an 8 -inch clay pipe sewer, each encased in a 15 -inch casing, located approximately 290 -feet west of Mile Post 153 west of Clarkwood, Texas, all in connection with the Clarkwood Sanitary Sewer Project, 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 imperative public necessity requiring the suspension of the Charter rule i 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 /M day of May, 1972. E' ,4 ATTEST: �;Lo City Secre ar MAYOR THE CITY OF CO PU CHRISTI, TEXAS APPROVED: Fk ` _DAY OF MAY, 1972: y Attorney k 10848