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Home My WebLink About11528 ORD - 06/20/1973. !.(o JRR:vp:6 /18/73:1st + O AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS - MEXICAN RAILROAD COMPANY FOR CONSTRUCTION AND MAINTENANCE OF A 12 INCH WATER LINE CROSSING THE TEX -MEX RAILROAD TRACK AT BLUNTZER STREET, AT ABOUT STATION 87 + 05, 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 an agreement between the City of Corpus Christi and the Texas - Mexican Railroad Company for construction and maintenance of a 12 inch water line crossing the Tex -Mex Railroad Track at Bluntzer Street, at about Station 87 + 05, 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 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 but 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 day of June, 1973. ATTEST: City Secretary'/f APPROVED: IXA DAY OF JUNE, 1973: _X/2 CTW rney J0101-X MA Olfl CITY OF CORPUS VISTI, TEXAS J-JL528 ;; °`y :�r�er�K, -'�'� 4 :�4�5F;a+�.i��'u- -;t ':t�r�' >�t`�. rc:.,".'�:Yr ",: �r:,.. .,._- �;wc4:t,,r:r,.��,,__ _ - �- � : -:W> _ - -. • C- T.nI. THE STATE OF TEXAS COUNTY OF WEBB ,) TRIS 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: I. 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 12 —inch water line. as hereinafter stated. Said - 12 —inch water line shall be _ enclosed and encased in a conduit for a distance of 15 feet south from the center of the center line of Railroad's main track to 15 feet north from the center of the center line of Railroad's Track No. 43, as shown on print. 2. Said 12 -1ncl Water v line shall be located at about the east edge Ii of Bluntzer StreetRfx'9Re:ftt4 pavement at Sta. 87+ 05, Cor ds CI ['iST�Fas. Said 12 —inch water line crossing is shown on the - attached sketch and s i s m sketc iade a part hereof. 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. Jr¢�� S�/p /'}'�I�S��/P/° �,t 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 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, 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. h- EXECUTED in duplicate on this day of , 19 THE TEXAS MEXICAN RAILWAY COMPANY General Manager ATTEST: Secretary, The Texas Mexican Railway Company CITY OF CORPUS CHRISTI, TEXAS 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 , 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 , 19 . Notary Public, Webb County, Texas 1 �, • Sd � t ICI"_ 1 I 1 ..Utl.d 1. ... ' 1 v i• `t Ip� t�l �•� •.3 W� 1 v 1 •� --•- - - Mh� 1--' W '•I ?.F 1301 ?B�1 ; 1.__. __. _O'.- - - -_�_ N [rJ I 1• ---------------- � � n � � - -- - ST.9. 87f05.0 I ps.&a�w.• 1 �._.._. N - -- o •o cn BLUNTZER $T. M_P. /6Of2O-50.4 1 2 N m µ x 1 rM a143 _ L ON ih'48 , ° • � �.�Q �: �m'ZN � il\ o I .� ' .'�Rp\ '• � "oJ �� 1` sir. \i 1 �� t � . . • � CJ) 4 P •� � 1 �`I V 1 i CD MARITd p' �• ro 1 Corpus Christi, Texas day of 19 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 pt em THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch ( Py Thomas V. Gonzales Ricardo Gonzalez all- Gabe Lozano, Sr. J. Howard Starka� The above ordinance was-passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalezy� Gabe Lozano, Sr. J. Howard Stark �Q