HomeMy WebLinkAbout11161 ORD - 11/08/1972• JRR/Mc 11/6/72 1ST `
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE CONSENT AGREEMENTS
BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS - MEXICAN
RAILWAY COMPANY AND THE UNITED STATES OF AMERICA IN CON-
NECTION WITH THE INSTALLATION OF A 42 -INCH DIAMETER REIN-
FORCED CONCRETE PIPE UNDER THE U.S. NAVAL AIR STATION
RAILROAD TRACK AT STATION 1469+85, SAID CONSTRUCTION BEING
A PART OF THE GARDENDALE STORM SEWER IMPROVEMENTS PROJECT,
PROJECT NO. 296 -70 -2; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
•
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREE-
MENTS BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS - MEXICAN RAILWAY COMPANY,
AND BETWEEN THE CITY AND THE UNITED STATES OF AMERICA, IN CONNECTION WITH THE
INSTALLATION OF A 42 -INCH DIAMETER REINFORCED CONCRETE PIPE UNDER THE U.S. NAVAL
AIR STATION RAILROAD TRACT AT STATION 1469+85, SAID CONSTRUCTION BEING A PART
OF THE GARDENDALE STORM SEWER IMPROVEMENTS PROJECT, PROJECT ND. 296-70 -2.
SECTION 2. THE NECESSITY TO EXECUTE THE ABOVE REFERENCED CONSENT
AGREEMENTS SO THAT WORK MAY PROCEED ON THIS PROJECT 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 SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUS-
PENSION 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 REFFECT FROM
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE d� DAY
OF NOVEMBER, 1972.
ATES �
/ 4v,- Z V W1 T
C TY SECR T IL MAYOR
THE CITY OF CORP C ISTI, TEXAS
APPROVED:
AY 0 NOVEMBER, 1972:
'7
C I Y T O/R� �E Y'
J_1 16I
CONSENT AGREEMENT
of the
TEXAS MEXICAN RAILWAY COMPANY
• THIS AGREEMENT made and entered into, by and between the Texas-
Mexican Railway Company, a Texas Corporation domiciled in the County of Webb,
State of Texas, hereinafter called the "Railroad" and the City of Corpus
Christi, Texas, a municipal corporation hereinafter called the "User ".
WITNESSETH:
WHEREAS, The United States of 'America is the owner of an easement
and railroad facilities shown on Bureau of Yards and Docks Drawing Number
attached hereto, marked Exhibit "A" and made a part hereof; and
WHEREAS, On the 25th day of June 1947, the United States of
America entered into an Agreement NOy(R) -41896 with the "Railroad" concerning
the use of such tracks and facilities; and
WHEREAS, The City of Corpus Christi, Texas desires to lay a
42 Inch Diameter Reinforced Concrete Pipe
under and across the Government's existing track at the location known as the
"Railroad's" Engineering Station 469 + 85 as is shown more particularly
on Exhibit "A"; and
WHEREAS, Subject to the terms and conditions stated below, the
Texas Mexican Railway Company has no objection to the crossing of and under-
neath said track insofar as said Railway Company's operations are concerned;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas
Mexican Railway Company, and the City of Corpus Christi, Texas do hereby
enter into the following agreement:
1. The railroad does hereby grant its permission for the said
city to lay and maintain, operate and repair the above listed pipe line.
Said pipe line shall be installed and maintained at all times in a proper
and protective manner.
2. It is understood and agreed that before said pipe line is
installed and also before any changes or repairs are made at any time, that
the "User" will notify the General Manager's Office in Laredo, Texas, of the
Railroad. The "User" agrees to maintain the said pipe line so as to keep it
free from leaks and defects and interference with drainage at the said loca-
tion.
3. It is understood and agreed that said "User" shall well and
sufficiently indemnify and save harmless the "Railroad" from all claims,
demands, damages, actions and court costs to which said Railroad is subjected
to paying as a result of the negligent maintenance, use and operation of said
pipe line, including the negligent construction, repair or failure, in any
manner of said line, if the "User" would have been, in law, liable therefor
after assertion of legal defenses.
4. It is understood and agreed also that the agreements under this
consent agreement to said "User" are limited and strictly subject, to rights
and obligations possessed by the "Railroad" under its agreement with the
"Government ".
S. The said "User" has paid to the "Railroad" the sum of One
Dollar ($1.00) as a part of the consideration for this agreement, the
receipt of which is hereby acknowledged.
6. If upon and after abandonment by ordinance by the Council
of the City of Corpus Christi, Texas in regular session, of said pipe line,
said City or "User" has not removed all of its property within a reasonable
length of time, covered by this agreement from under the railroad tracks, it
is understood and agreed that said Railroad shall have the full right in its
discretion to retain said property on said premises or to destroy, abandon,
sell or otherwise dispose of the same. However, in the event the "Railroad"
removes the property and restores the premises to its original condition, any
expense incurred by the Railroad concerning such removing and relocation
shall be borne by the City of Corpus Christi, Texas.
7. All obligations imposed by this contract shall be perform-
able in the County of Nueces, Texas and binding upon the parties hereto,
their successors and assigns.
2
THE STATE OF TEXAS
COUNTY OF WEBB
BEFORE ME, The undersigned authority, a Notary Public in and for
Webb County, Texas, on this day personally appeared
of the Texas Mexican Railway Company, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowl-
edged to me that the same was the act of The Texas Mexican Railway Company
aforesaid, a corporation, and that he executed the same as the act of such
corporation for the purpose and consideration therein expressed, and in the
capacity therein stated.
19 GIVEN UNDER MY HAND AND SEAL OF OFFICE, This Day of ,
Notary Public Webb County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, The undersigned authority, a Notary Public in and for
Nueces County, Texas, on this day personally appeared
City Manager of the City of Corpus Christi, 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 City of Corpus
Christi, a municipal 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, This the day of
19
Notary Public, Nueces County, Texas
4
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NOTE:
THIS DRAWING WAS TRACED
FROM A REDUCED COPY OF
Y a D DRAWING NO. 189900
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FXHIRIT °A°
CONSENT AGREEMENT
of the
UNITED STATES OF AMERICA
THIS AGREEMENT, made and entered into by and between the UNITED STATES
OF AMERICA, represented by the Commanding Officer, U. S. Naval Air Station,
Corpus Christi, Texas, hereinafter called the "Government" and the City of
Corpus Christi, whose address is P. 0. Box 9277, Corpus Christi, Texas 78408,
hereinafter called the "User" to wit:
WITNESSETH:
The "Government" hereby states that no objection is made to the "User's"
occupancy and use for the purpose of constructing, maintaining, operating and
repairing a 42_inch diam ter reinfor ed concrete pipe
hereinafter referred to as the "Facility" in, through, under, over and across
a portion of land described as follows:
A strip of land 40 feet in length and 25 feet in width, the
centerline of which intersects Station Number 469 + 85
of the existing railroad as shown on Exhibit "A"
attached hereto and made a part hereof, with ingress to and egress from the
said land for the purposes above stated,
Under the following terms and conditions:
1. That the "User" previously has obtained written consent from the
Texas Mexican Railway Company for the construction of the "Facility" and
approval of the plans and specifications therefor.
2. That the "User" assumes the burden of obtaining any easement
required from the owner and any and all parties having or claiming.to have an
interest herein.
3. This statement of no objection is not assignable or transferable,
except upon written consent by the "Government" or its duly authorized repre-
sentative named herein.
4. In no event shall this agreement be considered as granting any
interest in the lands hereinabove described. Furthgr, this instrument shall
not be construed as granting any right in excess of the rights and interests
presently owned by the "Government ", nor as in any way granting any part of
the rights and interests owned by the "Government ".
5. The "User" shall retain title to the "Facility' covered by this
instrument and all costs and expenses incurred in connection with the con-
structing, maintenance, operation, repair and removal of said "Facility' shall
be borne by the "User ". Upon the termination of the use, the "User" shall
remove the hereinabove described facility and restore the land described, as
nearly as practicable to its condition prior to the construction of the
"Facility" to the satisfaction of the "Gvvernment ". In the event the "User"
fails or refuses to remove the "Facility' and restore the premises to the
satisfaction of the "Government ", the "Government" may do so and any expenses
incurred by the "Government" in removing such "Facility" or property or in
restoring-the land, shall be reimbursed.by the "User ".
6. All activities as pertain to the aforesaid use shall be at the
sole cost of the "User ", and shall be subject to such reasonable rules and
regulations, as regards supervision or otherwise, as may from time to time
be prescribed by the "Government" or by the Commanding Officer, U. S. Naval
Air Station, Corpus Christi, Texas, who is hereby designated as the local
representative of the "Government" in charge of administering this agreement.
7. In the event that death or injury occurs to any person, or loss,
destruction.or damage to any property, in connection with the construction,
maintenance, operation repair, removal or restoration of the hereinabove
described "Facility' occasioned in whole or in part by the acts or omissions
of the "User" its agents, servants or employees, the "User" agrees.to indem-
nify and save harmless the "Government" from and against any loss, expense,
suit, claim, or demand to which the "Government" may be subjected as result
of death, injury, loss destruction or damage. But this agreement shall not
be construed as giving any causes of action for recovery of any sum by anyone
other than the "Government" and the claims resulting from acts or omissions
of the "Government" will not be subject of indemnification or reimbursement.
8. The "User" shall be responsible.to the "Government" for any and
all loss or damage to "Government" property, arising out of,the exercise of
this consent agreement. Any property of the "Government" damaged or destroyed
by reason of the exercise of the consent given herein, shall be promptly
repaired by the "User" to the satisfaction of the "Government" or in lieu of
2
such repair or replacement,. at, the election of the "Government" shall paje
"Government" an amount sufficient to oompensate for such loss sustained by
reason of damages to or destruction of the "Government's" property.
9, This agreement concerns use of a specified area for a specific
purpose as herein set out and the "User" shall not under any circumstances
crsate an interference with the use and enjoyment of rights or interests of
the Government in the land by "Government ", its grantees or assigns,
10. No member of or delegate to the 'Congress, or Resident
Commissioner shall be admitted to any share or part of this agreement, or
to any benefit arising therefrom. Nothing, however, herein contained shall
be construed to extend to any incorporated company, if the consent agreement
be for the general benefit of such corporation or company.
11. The "User" warrants that no person or agency has been employed
or retained to solicit or secure this agreement, upon an agreement or under-
standing for a commission, percentage, brokerage, or contingent fee,
excepting bona fide established commercial agencies, maintained by the "User"
for the purpose of securing business, For breach or violation of this
warranty, the "Government "shall have the right to annul this agreement
without liability, or in its discretion, to require payment to the "Government"
by the "User" the full amount of such commission, percentage, brokerage, or
contingent fee.
IN WITNESS WHEREOF, the Navy Department on behalf of the United.
,States of America has caused this consent agreement to be executed this
day of , 19_
UNITED STATES OF AMERICA
3
By
THIS CONSENT AGRFi-.T -.NT is also executed by the "User" in acknowledgme�
and acceptance of the terms and conditions set forth therein, this
day of -- -- 19_
CITY UP CORPUS CHRISTI
By
ATTEST:
City Secretary
APPROV'M AS.TO LEGAL FORM THIS
DAY OF , 19_ ,
City Attorney
CERTIFICATE OF AUTHORITY
OF PERSON EXECUTING AGREE-
MENT ON BEHALF OF "USER"
certify that I am the City Manager of the
City of Corpus Christi, Texas, a municipal corporation, incorporated under
the Home Rule Statutes of the State of Texas, and that I, who signed the above
and foregoing consent agreement on behalf of the City of Corpus Christi was
then the City Manager, of said Municipal Corporations that said consent agree-
ment was duly signed for and on behalf of said City of Corpus Christi by
authority of its governing body and is within the scope of its corporate
powers.
Certified this day of , 19_
By
Sworn to and subscribed to before me this day of , 19_
Notary Public in and for
Nueces County, Texas
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NOTE:
THIS DRAWING WAS TRACED
FROM A REDUCED COPY OF
Y 8 D DRAWING NO. 189900
SCALE IN MILES
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N.A.S. RAILROAD FACILITIES
EXHIBIT 'A'
RRRaTeo DATE
8{TISf {CTORT N. AS SHjw4
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EXHIBIT "A°
CORPUS CHRISTI, TEXAS
DAY OF J 19Z
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; 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.
RES LLY,
4
' Q
YOR
THE CITY OF CORP ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. SON NIWELL
ROSERTO BoscuEZ, M.D.
REV. HAROLD T. BRANCH
. _ THOMAS V. GONZALES
GABE LO2A NO, $R.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE SI2EMORE '
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK ({r