HomeMy WebLinkAbout12503 ORD - 02/26/1975vp:2/26/75:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE MISSOURI PACIFIC RAILROAD COMPANY FOR
PERMISSION TO CONSTRUCT AN 8 -INCH SEWER LINE ACROSS
RAILROAD RIGHT OF WAY 900 FEET NORTH OF MILE POST
148, ENGINEER'S CHAINAGE STATION 7823 + 20; APPROPRI-
ATING $100.00 OUT OF NO. 250 SANITARY SEWER BOND FUND
APPLICABLE TO PROJECT NO. 250 -72 -5 FOR FEES IN CON-
SIDERATION FOR SAID PERMIT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute an agreement with Missouri Pacific Railroad Company, in substantially
the form attached hereto, marked Exhibit "A", and made a part hereof, for
permission to construct an 8 -inch sewer line across railroad right of way 900
feet north of Mile Post 148, Engineer's Chainage Station 7823 + 20.
SECTION 2. That there is hereby appropriated $100.00 out of No. 250
Sanitary Sewer Bond Fund, applicable to Project No. 250 -72 -5, for fees in
consideration for said permit.
SECTION 3. The necessity to authorize the execution of the afore-
said agreement and to appropriate the necessary sums to be paid in considera-
tion for the permission granted in said agreement at the earliest possible date
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 .22J� day of February, 1975.
ATTES
Ci Secret MAYO ro•Tem
CITY OF CORPUS AQ
ISTI, TEXAS
APPROVED:
9DAY OF FEBRUARY, 1975:
U,_ M C
A Ling City Attorney
12503
Form 20021 6169
PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplicate, January 31 , 19 75, WITNESSEM:
The undersigned Carrier hereby grants, but on solely the herein expressed terms and
conditions, and the undersigned Licensee ( a Municipality ,
(individual, copartners or corp. & state where incorporated
to be addressed at Corpus Christi, Texas ,
hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying
sewage the Licensee's own one certain proposed
(number) (proposed or existing)
continuous line ofextra- strength clay pipe , 8- inches in diameter, and appurtenances,
including 16 -inch steel casing pipe 32 feet long , herein called Pipe Line, on
the Carrier's property, herein called Premises. Pipe Line will be used to convey sanitary
sewage.
. Pipe Line shall intersect Carrier's existing
right of way 900 feet north of Mile Post 148
(track or right of way) Engineer's Chainage Station 7823 +20
lax Nueces County , Texas , XEMUnear Corpus Christi
(county or parish) (state) (place)
Approximate location of Pipe Line is indicated by heavy black line on
Exhibit A,attached hereto as part hereof.
1. Licensee shall at all times keep Pipe Line in good state of repair. All work by
Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall
furnish or do at Licensee's own cost and responsibility any and all things and when and
as from time to time required to accomplish whatsoever the Licensee attempts or is bound
to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as
made at any time in any of Carrier's property; at all times keeping upper surface of Pipe
Line at least five Iffiff and one -half feet below bottom of rail thereover.
Licensee shall cause Pipe Line, before being used for anything inflammable, to conform
substantially to Exhibit B attached hereto as part hereof. Said things, including the
time and manner of doing any work, each shall conform to the requirements of Carrier as
well as of any State, Federal or Municipal authority. Carrier may acting for Licensee
furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required
of Licensee at any time, either shall not be furnished or done within ten days following
Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
and Licensee on request shell in advance deposit with Carrier the estimated cost thereof.
If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier
shall repay difference. Licensee when returning this license (signed) shall pay to Car-
rier one hundred dollars
Any other payment shall be made within twenty days following receipt of bill. Licensee
shall pay cost to Carrier for all labor, including wages of foremen, cost of material
f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual
railroad additives. No provisions of this paragraph, nor approval by Carrier of any of
Licensee's undertakings, shall relieve Licensee of any responsibility or liability.
*for the license granted herein.
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against
all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any
manner resulting from or arising out of or in connection with the laying, maintenance,
renewal, repair, use, existence or removal of Pipe Line, including the breaking of the
same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and
the contents thereof regardless of how caused and regardless of any negligence on the
part of Carrier, or otherwise.
- 1 -
Form 20021 6/69
3. Term hereof shall begin with January 31 , 1975 , and continue there
after until concluded (lst) by expiration of --- - - - - -- thirty days following serving,
by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof
or (2nd), at Carrier's election without further notice, by expiration of------- six
months without the Pipe Line having been installed or by Licensee failing (a -1) to cure
any default or (a -2) to show statutory right to install Pipe Line within -thirty
days following Carrier's written request therefor. Any notice of Carrier shall be deemed
served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S.
mail addressed as aforesaid. Not later than last day of term hereof Licensee shall
remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's
election without notice be deemed abandoned. Covenants herein shall inure to or bind each
party's heirs, legal representatives, successors and assigns; provided: no right of
Licensee shall be transferred or assigned, either voluntarily or involuntarily, except
by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at
any time of the other without affecting, or impairing any right arising from, any sub-
sequent default.
MISSOURI PACIFIC RAILROAD COMPANY
WITNESSES:
General Manager
As Carrier, first party herein
ATTEST:
By CITY OF CORPUS CHRISTI
Secretary
(Affix Seal)
APPRO'TED :
Acting City Attorney
- 2 -
B
City Manager
As Licensee, second party herein
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RAILROAD CROSSTIG DETAIL - Office of District En gineer•Houston, Texas
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 26, 1975
I certify to the City Council that $ 100.00 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name
Project No.
Project Name
250 Sanitary Sewer Bond Fund
250 -72 -5
Calallen Trunk
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2 -55
Revised 7/31/69
7 .
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,
MAYORCI f0-18Ip
CITY OF CORPUS CHRI , 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 Luwp
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark