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Home My WebLink About11487 ORD - 05/30/1973JRR /wc 5/15/73 1ST r c AN ORDINANCE AUTHORI ZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND-REPAIR A 12- INCH WATER LINE UNDER T. M. SPUR TRACK NO. 61B, AT ABOUT STATION 5 + 64, ON AGNES STREET AT VILLA DRIVE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; i 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 15 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 'R A 12 -INCH WATER LINE UNDER T. M. SPUR TRACT( ND. 61B, AT ABOUT STATION 5 + 64, ON AGNES STREET AT VILLA DRIVE, 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 WATER LINE CREATES A PUBLIC EMERGENCY AND IMPERATIVE A 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 ACCORDINGLY SO ORDAINED, THIS THE 15axv— DAY OF MAY, 1973. ATTEST: CIT SECRETAR MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: Y OF Y 1973 • C I T ATTO RtJEY J1487 T.AI�r. THE STATE OF TEXAS COUNTY OF WEBB THIS AGREEMENT entered into in Laredo, Texas, by and between The Texas blcxlcan Railway Company, a Texas cor- poration domiciled in Webb County, Texas, and hereafter called Railroad, and City of Corpus Christi, Texas hereinafter called Permittee, a•itnesseth: 1. In consideration of the payment by Penniltee to the Railroad of the sum of $1 . O Q and subject to the terms and conditions contained herein, The Railroad does hereby grant its permission for Permittee to lay, maintain, operate and repair for a term of one year, and thereafter, but subject to termination at any time after the effective date of this contract, upon sixty days' written notice by either party to the other, one � 12 —inch water — — — — — — — — — — — — line, as hereinafter stated. Said ' 12 —inch water — — — — — — — — — — — — line shall be enclosed and encased in a conduit for a distance of — _ _ fifteen (15) Sect in both directions from the center of the center line of Railroad's main railroad track. S4Cj}F({67RfiRiS s}iC&tyXfTez`hFsXi6K7SPrrRX 3ixalstlakX�xx�kixd:asxsast�; 1KzKxXt�d4#t5�2S�i€t24 Slxkfcmn�3Slxl�eulsx�tw$�c ltdf". SRCr • **t =>�iXl>z::S[allmmd/sk»a� Said line across the right -of -way shall be laid and installed at a depth of at least 4.5 feet below the top of the -tie of the existing track. 2. Said 12 —inch water — — — — — — — — — — — — — — — — — — line shall be located at about Station kAk 5 +64— — — — — — XNAM)noxxCorpus icxChristi Industrial District KR3- n€->6pj51cSpur TM 61B in Corpgs r1 §ti, TeX. /_ line crossing is shown on the attached sketch and said sketch is made a part hereof. al 12 water 3. It is understood and agreed that before said 12 —inch water — — — — — — — — — — — — — — — — — — 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. In the event the Railroad should desire for any reason •a change in the lo✓ation of said pipe line, the Permittee agrees and covenants that within thirty days after receiving written notice to that effect, said Permittee will make promptly such changes in the location and laying of said 12 —inch water — — — — — — — — — — — --- — - — — — line as racy be required by the Railroad, and all such changes with reference to said 12 —inch water — — — _ _ _ — — — line shall beat the sole expense of the Permittee and in accordance with the specifications presented by the Railroad. 5. It is further understood and agreed that the Permittee shall well and sufficiently indemnify and mvr 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 or which may result, or asserted to result, from the maintenance, use and operations of said 12 —inch water — — — — — — — — — — — — — — — 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, dama ;es, actions, costs and charges (including reasonable amounts for attorney fees) sustained by PermlUec, 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 By General Manager ATTEST: CITY OF CORPUS CY_RISTI, TEXAS Secretary, The Texas Mexican Railway Company _ By -- , -Alr THE STATE. OF TEXAS � COUNTY OF «TEES j BEFORE ME, The undersigned authority, n Notary Public in and for Webb County, Texas, on this day personally appeared , Geucrrl 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 ncknowledged to Inc that the same was the oct of the said The Texas Mexican Railway C miipany, a corporation, and that tie executed the same as the net of such corporation for the purposes and cnnsideration therein expressed, and In the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OV OFFICE On this day of , 19 Notary Public, 11-ebb Couuly, Texas --- -� —� -- �XW .4,, Ul Z n .� �l - - w fj X •------ ---- - - -i�a: • - tiny:- �,� . THE TEXAS MEXICAN RAILWAY COMPANY SKETCH SHOWING LO(.dtiO11 of 12" wzt.rr line in U" casing �• louu for Cite of Corpus Chri-ti, Tcxds Corp,ic Chri..li, T--xzs SCALE: 1 " -I00' DRAWING NO. • 7 324 April 95, 167 � 0 0 Corpus Christi, Texas 30 -a,day of , 192 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. 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 ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. aAIA- J. Howard Stark