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Home My WebLink About11486 ORD - 05/30/1973JRR/MC 5/28/73 1ST rr 10 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS MEXICAN RAILWAY COMPANY, SAID AGREEMENT GRANTING PERMISSION TO THE CITY OF CORPUS CHRISTI TO CONSTRUCT A 21 INCH CONCRETE STORM SEWER UNDER THE TEXAS MEXICAN RAILWAY COMPANY'S TRACKS 257 FEET EAST OF MILE POST 159 NEAR THE INTERSECTION OF BALDWIN BOULEVARD AND HIGHWAY 44, CORPUS CHRISTI, TEXAS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, 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: 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 A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE SAID RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND REPAIR A 21 INCH CONCRETE STORM SEWER UNDER THE TEXAS MEXICAN RAILWAY COMPANY'S TRACKS 257 FEET EAST OF MILE POST 159 NEAR THE INTERSECTION OF BALDWIN BOULEVARD AND HIGHWAY 44, CORPUS CHRISTI, TEXAS, 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 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 AFTER ITS PASSAGE, IT IS ACCORD- INGLY SO ORDAINED, THIS THE �Q rR DAY OF 7 1973• ATTEST: - CITY SECRETARY MAYOR HE CITY OF CORPUS CHRISTI, TEXAS APPROVED: AY OF f 973: CI ATTORNEY q � x ° 4-86 I f T.It �. i�... THE STATE OF TEXAS COUNTY OF WEBB THIS AGREE'ME*TT entered into in Laredo, Texas, by and between The Texas Mexican Railway Company, a Texas cor- potation 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 21 -inch concrete storm Sewer line, as hereinafter stated. SM �ia�yska2�ctcsc�xtc�' A; anrkxucesal�Qlczxn�lo .#�aCCactibstarcacyni 3' eg6GiSX�ti" �ii3dtt�N162aPC3fifdlJflYdtdE ?Sf6�iFf Gdi�tro` FiYei�3tif32tX> Pt1C�il 'r2i3'cz�'�}43i?f�,Yis- i?iz61XL �c z?f }tiif�yliifXS`g.JiS`�e%id`F 932J3t90offiitXYOCXSaihf J9�14]!: 1f3iACPb 'ci`.dFq.ZfJ�a'�Kiki3?tt� X?1F12)GitXp[T$1tSCAPl : tA1`m¢.YL81$ 3dffi7tHrnt11S1"..C'}SClL1FSN1 X§4SiKdik�t &4al' wAkleJd'4iiR3a5Y% �M. Said line across the right -of -way shall be laid and installed at a depth of at least Seven (7) — — feet below the top of the tie of the existing track. 2. Said 21 —inch concrete storm sewer line shall be located at about 257 feet east of Mile Post 159 in Corpus Christi , Texas. Said '21 —inch concrete storm sewer line crossing is shown on the attached sketch and said sketch is made a part hereof. 3. It is understood and agreed that before said 21 —inch concrete storm sewer line 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. 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 fo, attorney's fee) to which said Railroad may be subjected or which may result, or asserted to result, from the maintenance, use and operations of said 21 —inch concrete storm sower line 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 ( mcluding reasonable amounts for attorney fees) sustained by Permittee, its agents and employees, and whether or not caused by negligence of the Railroad. G. 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 day of , 19 THE TEXAS MEXICAN RAILWAY COMPANY sy General Manager ATTEST: CITY OF CORPUS CHRISTI, TEXAS Secretary, The Texas Iiexican Railway Company BY THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The vndersigned 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 acknowlpdged 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 , 19 Notary Public, Webb County, Texas I Corpus Christi, Texas 9b, -,,L, day of , 19-2L 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 Chanter 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark