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HomeMy WebLinkAbout0783 ORD - 11/10/19374-2 A. C. McCaughan Mayor, City of Corpus Christi, Texas. ATTEST: T. R. Kring City Secretary. APPROVED AS TO LEGAL FORM: R. Briscoe King City Attorney. Corpus Christi, Texas. November 2nd, 1937. TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing Resolution a public emergency and an imperative public necessity exists for the suspension 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 several meetings of the City Council, I, therefore, hereby request that you suspend said Charter Rule or requirement and pass this Resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, A. C. McCaughan Mayor, City of Corpus Christi, Texas. The Charter Rule was suspended by the following vote: A. C. McCaughan Aye Joe Mireur Aye C. 0. Watson Aye D. A. Segrest Absent Thos. R. McGee Aye The above Resolution was passed by the following vote: A. C. McCaughan Aye Joe LIireur Aye C. 0. Watson Aye D. A. Segrest Absent Thos. R. LicGee Aye AN ORDINANCE To Be Entitled AN ORDINANCE GRANTING TO THE TEXAS MEXICAN RAILWAY COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE, TO CONSTRUCT, MAINTAIN AND OPERATE A SPUR TRACT UPON, ALONG, OVER AND ACROSS NORTH STAPLES STREET, AND PROPERTY ADJACENT• THERETO, IN THE CITY OF CORPUS CHRISTI, TEXAS, AT A POINT AND LOCATION ON THE MAIN LINE TRACT OF THE TEXAS MEXICAN RAILWAY COMPANY WHERE SAID TRACK CROSSES NORTH STAPLES STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1: The right of way, privilege, easement and franchise is hereby granted The Texas Mexican Railway Company, a corporation, owning and operating a line of railroad into and in the City of Corpus Christi, to build, construct, own and operate for a period of twenty (20) years from and after the passage of this Ordinance a spur tract upon,- along, over and across North Staples Street and property adjacent thereto, at a point and location on the North side of the main track of The Texas Mexican Railway Company, where said main line track crosses North Staples Street, as follows, to -wit: Beginning at a point approximately 8.6 feet in a Southerly direction from the S. E. corner of Fractional Block No. 18 of Central Wharf & Warehouse Co. Addition to the City of Corpus Christi, and on the West line of the property known as the Felix Blucher Tract; Thence in a westerly direction and parallel with the South line of said Fractional Block No. 18 to North Staples Street; Thence continuing in a westerly direction across North Staples Street and curving southward -at a small angle to its intersection with the north spur tracks now owned and.operated by The Texas Mexican Railroad. SECTION 2: The rights, privileges and franchise herein granted are granted for the purpose of reaching and affording railway connections and switch privileges to the owners and users of industrial plants, and, in the opinion of the City Council, the said grant of such rights or privileges is expedient, necessary and advisable. SECTION 3: The City of Corpus Christi reserves unto itself the right at all times, by future ordinance, to regulate the grade of said spur track and road bed therefor. SECTION 4: The Texas Mexican Railway Company shall in the construction and maintenance of said track, at all times, at its cost and expense, restore said portion of Staples Street to as good condition as same was at the time of construction, so as to interfere as little as possible with travel over and along said street, and shall thereafter maintain and keep said portion of said street upon which said track is constructed, at its own expense, in such condition as to interfere as little as practicable with ordinary travel. SECTION 5: The said The Texas Mexican Railway Company shall file its written acceptance of this grant and ordinance within ten days after the passage thereof. SECTION 6: Upon the termination of the twenty (20) year period of this franchise, all rights and property of grantee therein shall become the property of the City of Corpus Christi in accordance with Section 17, the City of Corpus Christi. SECTION 7: The Texas Mexican Railway Company shall pay as adequate consideration for this franchise the sum of Five Dollars ($5.00) upon acceptance hereof, and shall annually thereafter pay the sum of Five Dollars ($5.00) to said City, and if the said grantee, The Texas Mexican Railway Company, shall fail or refuse to pay said annual rental, or to comply with any of the conditions hereof, the grantor may forfeit this franchise after judicial ascertainment of default. APPROVED AS TO FORM: R. Briscoe King City Attorney. Article II of the City Charter of Read the first time and passed to second reading on the 26 day of Oct. 1937, by the following vote: Mayor A. C. ,McCaughan Aye Commissioner Thos. R. Magee Aye Commissioner Joseph Mireur Aye Commissioner D. A. Segrest Absent Commissioner C. 0. Watson Aye Read the second time and passed to third reading on the 2 day of November, 1937, by the following vote: Mayor A. C. McCaughan Aye Commissioner Thos.R.Magee Aye Commissioner Josephr}Mireur Aye Commissioner D. A. .egrest Absent Commissioner C. O. Watson Aye Read the third time and finally passed on the 10 day of Nov., 1937, by the following vote: ATTEST: T. R. Kring City Secretary. Mayor A. C. McCaughan Aye Comrnissioner Thos. R. Magee Aye Commissioner Joseph Mireur Aye Commissioner D. A. Segrest Aye Commissioner C. 0. Watson Absent APPROVED this 10 day of Nov. 1937. A. C. McCaughan Mayor of the City of Corpus Christi, Texas.