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Home My WebLink About11919 ORD - 02/20/19740 JRR:jkh:hb:2 /20/74:lst 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 CONNECTION WITH THE CONSTRUCTION OF A 10 -INCH FORCE MAIN UNDER THE RAILROAD TRACKS AT STATION 91 + 12, AT BEAR LANE, AS MORE FULLY SET FORTH IN THE CONSENT AGREEMENTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B "; 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, C authorized to execute, for and on behalf of the City of Corpus Christi, Consent Agreements between the City of Corpus Christi and the Texas-.Mexican Railway Company, and between the City and the United States of America, for the-construction of a 10 -inch force main to be encased in 18 -inch steel casing, under the railroad tracks at Station 91 + 12, at Bear Lane, all as more fully described in the Consent Agreements, copies of which are attached hereto and made a part hereof, marked Exhibits "A" and "B ". 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 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 2 0 day of February, 1974. ATTEST: C±ty Secret APPROVED: IY�DAY OF FEBRUARY, 1974: My Attorney ay- FR THE CITY OF CORPUS CHRISTI, TEXAS 11919 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 IbVl,.: 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 10" Force Main to be encased in 18" steel casing under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 91 + 12 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: i 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. I Said pipe line shall be installed and maintained at all times in a proper i and protective manner. I X/`I / 1e/ � r , , 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 i .'AE 5TATE OF TMAS 0OWIT 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 acknowledged to me that the same was the act'of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the some as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. QIM UNDER MY HAND AND SEAL OF OFFICE, This day of , Notary Public, Webb County, Teas THE STATE OF TKW COUNTY OF NUSCES 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, 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,, .GIM UNDER MY HAND AND SEAL OF OFFICE, This the day of , Notary Public, Nueces County, Texas us cHrrrsr� e�'' e D�Lc`LS �' 9 7 q � � M F a q OCEAN DBIVE U.5 NAVAL AIR 5' ppt� lYrO STATION 0 0 \]� 4 / 9� R�xptL1 OLF CA FIELD FIELD OLF APpS ,T` /� /. J' �� •r_ �!!_` ��7 S� 4 r �/ i FIELD 1-- - 1 `---= '�--�° - TI !!� �t`ya, / `.•_ `— ,�..;�/ _� / ' ROOD (J Il FIELD OSO CRE£N (INACTIVE I ` R �...�,m� .m ..a..�...�.,. xaarB pBAPIpO NpYALUIfl 6pYANCED TBNWxJ LOYMAi:DIX„ rr�o ,A D LIIBIlTI, TE <A4 U.S. NAVAL AIR STATION ^n RPUSMISTI, TEXAS PLAN SNOWI G LOCATION OF NOTE: N.A.S. RAILROAD FACILITIES THIS DRAWING 59AS TRACED ... EX14161T °A' ap D.ED DATE FROM A REDUCEU COPY OF SCALE IN MILES Y & D DRAWING NO. 189900 D E 9ATIbf LTOflT To LAL A; sxonx BNEEI __JI I PATE CONSENT AGREEMENT of the ! UNITED STATES OF AMERICA I THIS AGREEMENT, made and entered into by and between the UNITED STATES I OF AMERICA, represented by the Commanding Officer,, U. S. Naval Air Station, Corpus Christi, Texas, hereinafter called the "Government" and the City of • i 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 10" -Force Main to be encased in 18" steel casing - 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 10 feet in width, the centerline of which intersects Station Number 91 + 12 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 I presently owned by the "Government ", nor as in any way granting any part of the rights and interests owned by the "Government ". 0 • 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 "Goverment" 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 "Goverment" 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 �ch repair or replacement, at the election of the "Government" shall pay the, • "Government" an amount sufficient to compensate 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 create 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,_ 3 UNITED STATES OF AMERICA By THIS CONSENT AGRSE''7NT is also executed by the "User" in acknowledgment • and acceptance of the terms and conditions set forth therein, this day of - - - -_ , 19_. ATTEST: City Secretary - APPR09-7D AS TO LEGAL FORM, THIS DAY OF , 19 City Attorney CITY OF CORPUS CHRISTI By 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 Corporation] 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 i II Notary Public'in and for Nueces County, Texas �1 i U5 CHRIST! BAY N•i a a D 0 % N i s•�b,+ ohs �'V / ��[aa- ��A4 °CEaN ota'E U.S NAVAL AIR L tswP >f�� c STATION IF 5 G�'' r Q D _ maroN eEVA. °RIVE l , f maaTOOa esw. �•" � J m J 0'L F FIELD OLF ,\ ! l _✓ �b / —I WALDRON FIELD NAAS , RODD Q \ ' I FIELD OSO CRS � � s /•^"� �`>SD 64 � � 41N4CTIrE1 /� VVV r / pA4rvlt+0 m NAVAL'.AIfl aD VAFCEO Tfla14'INO CAYMAN°• o' J �' CDAPU9 GNA19T1. TE %4S % 1 v L''�rs6' I • °• ^ U.S. NAVAL AIR STATION CORPUS CS?ISTI, TEXAS PLAN SHOWING LOCATION OF NOTE• •`0° N.A.S. RAILROAD FACILITIES THIS DRAWING WAS TRACED EXHIBIT "A° FROM A REDUCEU COPY OF SCALE IN MILES 4PPAwco oa E Y IN D DRAWING NO. 189900 o E 54nsPac m To 4s seom+ 1_;A-CET Of _ :ATE , • rVlil SIT "A" • Corpus Christi, Texas J day of 19 ;'V- 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 L Thomas V. Gonzales �p /ate 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. J. Howard Stark ��