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Home My WebLink About12591 ORD - 04/02/1975MLM:jkh:oc: 3/31/75 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPE- LINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL AND CONSTRUCT A 15 -INCH SANITARY SEWER LINE CROSSING RAILROAD RIGHT -OF -WAY 712 FEET NORTH OF MILE POST 1147, ENGINEER's CHAINAGE STATION 7768 + 72, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, A SUBSTANTIAL COPY OF WHICH LICENSE IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; APPROPRIATING $100 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250 -72 -53 FOR FEES IN CONSIDERATION FOR SAID PERMIT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed to execute, for and on behalf of the City of Corpus Christi, a pipeline crossing license agreement with Missouri Pacific Railroad Company whereby the City will install a 15 -inch sanitary sewer line across railroad right -of -way 712 feet north of Mile Post 147, Engineer's Chainage Station 7768 + 72, in the City of Corpus Christi, Nueces County, Texas, as shown on the map which is part of said license, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. There is hereby appropriated out of No. 250 Sanitary Sewer Bond Fund the sum of $100 for fees in consideration for said permit, applicable to Project No. 250 -72 -5. SECTION 3. The necessity for providing adequate right- of -way for the placing of said sanitary sewer 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 12591 and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY'SO ORDAINED, this the day of April, 1975. ATTEST: a,7,;P2= City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APP VED: DAY OF APRIL, 1975: Acting City Attorney Form 20021 6169 PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, March 10 , 19 75, WITNFSSETB: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( a Governmental Body , (individual, copartners or corp. & state where incorporated to be addressed at P. 0. Box 9277, Corpus Christi, Texas 78408 , 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 of extra strength clay pipe , 15- inches in diameter, and appurtenances, including 26 -inch steU casing pipe, 100 feet long , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to convey sewage. Pipe Line shall intersect Carrier's existing right of way XW 712 feet North of Mile Post 147 F3 Beabbmx (track or right of way) Engineer's Chainage Station 7768+72 XXs , Nueces County , Texas , at MMEMERM 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. l.' Licensee shell at all times keep Pipe Line in good state of repair. AU 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 XM=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 shall 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. Licenses 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 - X// ,1/1" Form 20021 3. Term hereof shall begin with March 10 , 19 75 , and continue there after until concluded (1st) 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 sball 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. WITNESSES: ATTEST: oil MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein CITY OF CORPUS CHRISTI Secretary (Affix Seal) By z ,APFROVi* , -R. Marvin Townsend, City Manager day of 1975: As Licensee, second party herein - 2 - � •\GAS LINE tQ� :_i? INATE R LINE t -N _ — • \ W R LINE ��:••\ e D _ SEWER 34 �Z \6" MOBIL H P LINE WATERLINE- WATER PLANT j 15u / 6cs 7768► 72 E48 WATER LINE / SEWER 4 -A- "EXHIBIT A" \'' r *m 3 MISSOURI PACIFIC RAILROAD COMPANY SOUTHERN DISTRICT Kingsville Division - PP¢ Line. Cross Ing -g! c_ 6 776 aM _ Cii of Corpus Christ) arils G'Ar"'. 73xas office of District Engineer • Houston, Texas Note Book I scale e 0 0 � Draftsman < Date 2rllf • File No.tf _ t t •, 1 t� 0 E� CITY -OF CORPUS CHRISTI, TEXAS y CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 31, 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 L/ - , 19Z- rector ofp4ance 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 THE CITY OF CORPUS CHRISTI, 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 Lubby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. t J. Howard Stark