HomeMy WebLinkAbout12021 ORD - 04/24/1974JRR:jkh:hb:4 /22/74:lst -
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE CONSENT
AGREEMENTS WITH THE TEXAS-NEXICAN RAILWAY COMPANY
AND THE UNITED STATES OF AMERICA IN CONNECTION
WITH CONSTRUCTION BY THE CITY OF THREE WATER
LINES UNDER RAILROAD CROSSINGS UNDER THE TEXAS -
MEXICAN RAILROAD AND NAVAL AIR STATION TRACKS AT
THE FOLL014ING LOCATIONS:
1 - 12" Pipe installed inside a 21" casing at
Station 509 + 10;
1 - 6" Pipe installed inside an 18" casing at
Station 496 + 65; and
1 - 8" Pipe installed inside an 18" casing at
Station 479 + 40
AS MORE FULLY SET FORTH IN THE CONSENT AGREEMENTS,
COPIES OF WHICH ARE ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBITS "An 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 authorized
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 of Corpus Christi and the United States of
America, for crossing under the Texas - Mexican and Naval Air Station rail-
road tracks at the following locations for construction by the City of
Corpus Christi of three water lines:
1 - 12" pipe installed inside a 21" casing at Station
509 + 10;
1 - 6" pipe installed inside an 18" casing at Station 496
+ 65; and
1 - 8" pipe installed inside an 18" casing at Station 479
+ 40,
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
12021
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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 th.A4 � day of April, 1974.
ATTEST: Z! z Y
&�' ggg
Ci y Secretary
APPROVED:
DAY OF APRIL, 1974:
P
�55 i Ci y Attorney
F�
MAYOR or
THE CITY OF CORPUS CHRISTI, TEXAS
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
ltsy; 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 RK 3 water lines:
1-12" inside 21" casing at Sta. 509 +10;1 -6" inside 18" casing at Sta. 496 +65;
8" inside 18" casing at Sta 479+40
under and across the Government's existing track at the location known as the
509 +10
"Railroad's" Engineering Station 496+65 as is shown more particularly
479+40-
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.
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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
Ii
.ES STATE OF TEXAS
COD11aY OF MERE
BEFORE BE, The undersigned authority, a Notary Public in and f or
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
cc4;.iration, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of ,
Notary Public, Webb County, Texas
THE STATE OF TEXAS
COUNTY OF NUECE.S
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 was as the act of such corporation for
the purposes and consideration therein expressed, and in the capacity therein
stated,
,GIVEN UNDER MY HAND AND SELL OF OFFICE, This the day Of ,
Notary Public, Nueces County, Texas
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a
FROM
SCALL IN MILES
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STATION
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CORPUS C"STI, TLXAS
PLAN SHOWING LOCATION OF
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EXH131T "A'
NOTE:
THIS DRAWING WAS TRACED
A REDUCED COPY OF
a
FROM
SCALL IN MILES
Y A D DRAWING NO. 189900
0 I
U.S NAVAL AIR
STATION
j OLF
WALDRON
FIELD
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^• °• U.S. NAVAL AIR STATION
CORPUS C"STI, TLXAS
PLAN SHOWING LOCATION OF
"•1p ••. N.A..o. RAILROAD !'AC.LITIE5
srflsTnGTa.tir ti -'�C —; c uw: _ —_.
EXH131T "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
3 water lines: (1) 1-12". inside 21" casing at Ste. 509 +10; (2).1 -6"
repairing a)inside 18" casing at Sta. 4964- 65;(3)1 -8" inside 18" casing at Sta.479+40
hereinafter referred to as the "Facility" in, through, under, over and across
a portion of land described as follows:
3 A stripsof land 40- feet in length and 10 feet in width, the
centerline of which intersects Station Number 509 +10. 496+65 6479+40
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. Further, 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 "Gvoernment ". 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 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 Congressi 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
I
be for the general benefit of such corporation or company.
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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.
I
standing for a commission, percentage, brokerage, or contingent fee,
i
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 j
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_ i
• I
UNITED STATES OF AMERICA
3'
J
THIS CONSSNT AGRFR'71NT is also executed by the "User" in acknowledgment
and acceptance of the terms and conditions set forth therein, this
day of - --- , 19_
CITY OF CORPUS CHRISTI
ATTEST:
City Secretary
APPROV :M AS TO LEGAL FORM THIS
DAY OF , 19
City Attorney
By
CERTIFICATE OF AUTHORITY
OF PERSON EXECUTING AGREE-
MENT 014 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 Corporationj 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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THIS DRAWING WAS TRACED
FROM A REDUCED COPY OF SCALL IN MILES
Y 5 0 DRAWING NO. 189900 0
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PLAN SHOWING LOCATION OF
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APP4,lvEG GATE
VATC
EXHIBIT 'A:'
Corpus Christi, Texas
day of , 19 _Ze/
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,
CL=::� !:� e
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.
J. Howard Stark