HomeMy WebLinkAbout10848 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.
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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
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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