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HomeMy WebLinkAbout0786 ORD - 11/16/1937effect and be in full force and effect from and after its passage, and IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this 16 day of November, A. D. 1937. Jos. Mireur - Pro Teni Mayor, City of Cornus Christi, Texas. ATTEST: T. R. Kring City Secretary. APPROVED AS TO LEGkL FORInl: R. Briscoe King CITY ATTORNEY. Corpus Christi, Texas. November 16, 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 ernergency 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 Jos. Mireur, Pro -Teri Mayor, City of Corpus Christi, Texas . The Charter Rule was suspended by the following vote: A. C. McCaughan Absent 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 Absent Joe Mireur Aye C. 0. Watson Aye D. A. Segrest Absent Thos. R. McGee Aye AN ORDINANCE DEFINING AND PROVIDING FOR THE REGULATION OF AUTOMOBILE TOURIST COURTS, COMBINED AUTOMOBILE TOURIST COURTS AND TOURIST COURTS, COTTAGES AND HOUSE CARS; PROVIDING FOR THEIR LOCATION WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DEFINING CERTAIN TERI IS ; PROVIDING FOR LICENSING; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR DRAINAGE, WATER SUPPLY AND METHOD OF OCCUPANCY; PROVIDING FOR TOII,.ETS, GARBAGE RECEPTACLES,.SLOP SINKS, REFUSE AND SEWAGE DISPOSAL, LIGHTING; CONTAINING A SAVINGS CLAUSE; REPEALING ALL FORMER ORDINANCES IN CONFLICT HEREWITH AND ENACTING THE NECESSARY PROVISIONS INCIDENT TO THE OBJECT AND PURPOSE OF THIS ORDINANCE WHETHER MENTIONED IN DETAIL IN THE CAPTION OR NOT: AND D:'CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AS FOLLOWS: SECTION 1: For the purpose of.this Ordinance, certain words and phrases are defined, and certain provisions shall be construed as herein set forth, unless it shall be apparent from their context that they have a different meaning. Words used in the singular include the plural, and the plural, the singular. Words used in the present, tense include the future. (a) An "Automobile Tourist Court" is hereby defined to be any lot, tract or parcel of land, used in whole or in part, where parking facilities and accommodations are provided by the day, week, month or for a longer period of time, for or without compensation, for two or more house cars when such house cars are being used for human habitation. (b) A "combined automobile tourist court and tourist court" is hereby defined to be any lot, tract or parcel of land, used in whole or in part, upon which two or more cottages are located and maintained for the accommodation of transients by day, week, month or for a longer period of time, for or without compensation, and where in addition thereto parking facilities and accommodations are also provided by the day, week, month or for a longer period of time, for or without compensation, for two or more house cars when such house cars are being used in whole or in part for human habitation. (c) A "cottage" is hereby defined to be any building or structure used by a single family as living or sleeping quarters. (d) A "house car" is hereby defined to be any structure intended for and capable of human habitation, vehicular in design, which may be driven, towed or -propelled from one location to another without change in such structure or design, whether or not the same be supported by wheels. (e) A '!unit" to be used for the purpose of erecting upon same a cottage in a combined automobile tourist court and tourist court is hereby defined to be any section or plot of ground of not less than thirty (30) feet by forty (40) feet in area upon which is erected only one cottage; and a "unit" reserved for a house car in an automobile tourist court or a combined automobile tourist court and tourist court is hereby defined to be any section or plot of ground not less than twenty-five (25) feet by thirty-five (35) feet in area reserved for the accommodation of only one house car. (f) The term "city" as used in this ordinance shall mean the City of Corpus Christi, Texas. (g) The term "street" or "streets" as used in this ordinance shall mean and include any street, alley, avenue, lane, boulevard, drive, public place or highway commonly used for the purposeoftravel within the incorporated limits of the City of Corpus Christi. (h) The term "plaza" as used in this ordinance shall mean and include any public park, plaza, square or any other place or premises belonging to the City of Corpus Christi or over which the City has complete jurisdiction and control. (i) The term "person" shall include both singular and plural, and shall mean and embrace any individual, firm, corporation, association, partnership or society, and their agents, servants or employees. (j) The term "owner" when used in this ordinance shall be construed to mean any person, firm, corporation, association, partnership, or society who has the control direction, maintenance and supervision of automobile tourist courts or combined automobile tourist courts and tourist courts, and house cars, whether as owner or otherwise. (k) The term "health department" is the health department and/or Sanitary Inspector and Officers of the City of Corpus Christi, Texas, and officers and Sanitary Inspector of the City -County Health Unit of the City of Corpus Christi, Nueces County, Texas. SECTION 2: It shall be the duty of the Health Department, as hereinabove defined, to enforce all of the provisions of this ordinance, and for the purpose of securing enforcement thereof, the Health Officer, or any of his duly authorized representatives', shall have the right and are hereby empowered to enter upon the premises of any automobile tourist court or combined automobile tourist court and tourist court now operating, or which may hereafter be operated within the City of Corpus Christi to inspect same and all accommodations connected therewith. SECTION 3: PARKING HOUSE CARS. (a) No person shall park, place or locate any house car being used for human habitation upon any street or plaza in the City of Corpus Christi for a longer period than 18 three hours. (b) No person shall park, place or locate any house car being used for human habitation on any lot, tract or parcel of land in the City of Corpus Christi owned by any person for a longer period than three hours, except in automobile tourist courts or in combined automobile tourist courts and tourist courts as,provided for in this ordinance, unless said house car shall be equipped and provided with a supply of pure and wholesome water, shall have a connection with City sanitary sewer, providing said house car is located abutting on a street in which there is a public sewer, and if not, the said house car shall have private sewage disposal adequate for sanitation needs of said house car and approved by the Health Department, and in compliance with the plumbing and other ordinances of the city. SECTION 4: WASTE WATER. It shall be unlawful to permit waste water or material from sinks, showers or other fixtures in house cars to.be deposited on any street, plaza, automobile tourist court, combined automobile tourist court and tourist court, or upo any lot within the City. Sinks, showers and other similar fixtures in house cars when in use shall be connected with the City sewer system or other sewage disposal approved by the Health Department, and in compliance with the plumbing and other Ordinances of the City. SECTION 5: PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to operate or maintain, or to offer for public use, within the confines of the City of Corpus Christi as hereinafter set forth, any automobile tourist courts of/combined automobile tourist courts and tourist courts without first applying for and receiving from the Health Department a permit so to do, in the manner hereinafter provided, or without complying with regulations hereinafter set forth, or any rules and regulations which may be formulated and ordained by the City Council of the City of Corpus Christi, and/or the .Health Department from time to time and the laws of the State of Texas. SECTION 6; APPLICATION FOR PERIMIT - INSPECTION FEE. Each application for such permit shall be in writing, upon a form provided by the Health Department for that purpose. It shall state the name and address of the applicant and a ,description of the property, whereon, or wherein, it is proposed to conduct an automobile tourist court or combined automobile tourist court and tourist court. It shall also contain such other information as the Health Department may require and it shall be filed by the applicant. It shall be filed with the Health Department not less than ten (10) days, nor more than twenty (20) days before said automobile tourist court or combined automobile tourist court and tourist court is made ready for use, and it shall be accompanied by an inspection fee of Two Dollars ($2.00), for which the Health Department shall issue a receipt SECTION 7: MONEY TO CITY TREASURER. All monies received by the Health Department as inspection fees, under provisions of this Ordinance, shall be paid into the city treasury and placed in the general fund. SECTION 8: INVESTIGATION REQUIRED BEFORE ISSUING PERMIT: Upon the filing of such application accompanied by the inspection fee, it shall be the duty of the Health Department or any of its duly authorized representatives to investigate, the premises and determine whether said proposed automobile tourist court:.or combined automobile tourist courts, and tourist court or the site selected therefor conforms with the requirements of this ordinance, the rules and regulations of the Health Department and the laws of the State of Texas, and no permit shall be issued unless such automobile tourist courts or combined automobile tourist courts and tourist courts or the site selected therefor complies with such requirementu and meets the approval of the Health Department, and the said department may at its discretion approve or reject any proposed automobile tourist court or combined automobile tourist court and tourist court site. SECTION 9: REVOCATION OR SUSPENSION OF PERMIT. Any permit granted hereunder shall be subject to revocation or suspension by the Health Departrnent in the following manner, to -wit: A notice shall be served on the person holding said permit specifying wherein he has failed to comply with this ordinance, and requiring him to appear before the Health Departrnent, at a day and hour therein specified, not less than five (5) days after the personal service of said notice on such permit holder, requiring him to show.cause at said time and place why said permit should not be revoked or suspended. At the time and place mentioned in said notice, the person holding said perrnit shall have the right to appear in person, or by counsel, and to introduce such evidence as he may desire, and the Health Department shall confront said permit holder with any charges that said department may have against him, and after said hearing, the Health Departrnent may, at its discretion, revoke or suspend the perrnit. SECTION 10: PERMIT MAY BE TRANSFERRED. Such permit shall be transferable upon the written application of the holder of the permit to the health department and with its consent endorsed thereon. A permit may be granted by any time during the year, and shall expire at the end of the fiscal year of the City of Corpus Christi, unless previously revoked. SECTION 11: PERMIT MUST BE POSTED IN CONSPICUOUS PLACE. It shall be unlawful for any person, firm or corporation to establish, maintain, conduct or carry on any automobile tourist court or combined automobile tourist court and tourist court unless there shall be at all times posted in a conspicuous place at said automobile tourist court or combined automobile tourist court and tourist court, the perrnit obtained from the health department in accordance with the provisions of this ordinance. SECTION 12: SCOPE OF THE ORDINANCE. The provisions of this ordinance shall be applicable to every automobile tourist court or combined automobile tourist court and tourist court within the incorporated area of the City of Corpus Christi, and it shall be unlawful for any person, firm or corporation maintaining, operating, conducting or carrying on any such automobile tourist court or combined automobile tourist court and tourist court, or for any person living or sleeping in any house car located in any automobile tourist court or combined automobile tourist court and tourist court, or any other person, to violate or contribute in any way to the violation of any of the provisions of this ordinance. SECTION 13: RESPONSIBILITY OF OWER OR OPERATOR. Every person owning an automobile tourist court or combined automobile tourist court and tourist court shall maintain such automobile tourist court or combined automobile tourist court and tourist court and any toilets, baths, or other permanent equipment in connection therewith, in a clean and sanitary condition and shall maintain said equipment in a state of good repair. SECTION 14: RESTRICTION OF AREAS FOR AUTOMOBILE TOURIST COURTS OR COMBINED AUTOMOBILE TOURIST COURTS AND TOURIST COURTS. All such automobile tourist courts or combined automobile tourist courts and tourist courts and house cars, as herein mentioned, shall be confined to those areas of the City of Corpus Christi as provided for under the Zoning Ordinance of the City of Corpus Christi and such Zoning Ordinance or Ordinances as may be passed in the future, and the Health Departrnent in granting or refusing permits shall restrict the location of such automobile tourist courts or combined automobile tourist courts and tourist courts and house cars to such zones as may be consistent and in accordance with such Zoning Ordinances. SECTION 15: GROUND AREA AND ACCESSIBILITY. Every automobile tourist court or combined automobile tourist court and tourist court, hereinafter established,, shall be laid out with, and all existing autornobile tourist courts or cornbined automobile tourist cour and tourist courts shall provide available unoccupied space of not less than ten (10) feet in all directions for each such house car, and such available unoccupied space shall not be construed to mean the space directly under any portion of any house car. House cars shall be arranged in rows abutting or facing on a driveway of clear unoccupied space of not less than twenty (20) feet in width, which space shall have unobstructed access to a public street or alley. SECTION 16:• DRAINAGE OF PREMISES. Every automobile tourist court or cornbined automobile tourist court and tourist court hereafter established shall be located on a well drained area and the premises of every such automobile tourist court or combined automobile tourist court and tourist court, or any existing automobile tourist court or combined autornobile tourist court and tourist court shall be properly graded so as to prevent the accumulation of storm or casual waters. SECTION 17: WATER SUPPLY. An adequate supply of pure water for drinking and domestic purposes shall be supplied to meet the requirement of said aii omobile tourist court or combined automobile tourist court and tourist court. Said water supply shall be obtained from faucets only, conveniently located in said automobile tourist court or combined automobile tourist court and tourist court, and no dipping vessels o' common cups shall be permitted. SECTION 18: REMOVAL OF WHEELS OR SIMILAR DEVICES. It shall be unlawful for any person, firm or corporation owning or operating a house car located in an automobile tourist court or combined automobile tourist court and tourist court to remove or cause to have removed the wheels or any similar transporting devices from said house cars or to otherwise permanently fix it to the ground that would prevent the ready removal of said house car without first obtaining a permit so to do, from the Engineering Department of the City of Corpus Christi, Texas. Any alteration to any house car, as above set forth, shall be construed as removing it from the requirements of this ordinance and reverting it into a dwelling, and it shall thereupon be subject to the requirements of the building code of the City of Corpus Christi, Texas, and such house car shall be regarded as a permanent structure required to meet all the building code requirements, as provided for under ordinance and/or ordinances of the City of Corpus Christi, Texas. SECTION 19: GARBAGE. Each automobile tourist court and each combined automobile tourist court and tourist court shall be provided with safe and adequate provision for the collection and removal of waste and garbage, approved by the Health Department and complying with all sanitary and other ordinances of the City. SECTION 20: SEWAGE. Each automobile tourist court or each combined automobile tourist court and tourist court shall be provided vrith a proper and acceptable sewer system, either by connection to the City sewer system where such is available, or to a private sewage disposal plant, all of which shall comply fully with the plumbing and other Ordinandes of the City, and regulations prescribed by the Health Department. SECTION 21: PLUMBING. Each automobile tourist court or each combined autornobile tourist court and tourist court upon which two or more cottages are erected, or two or more house cars are placed, shall be in accordance and complying with the building, sanitary, plumbing and all other Ordinances of the City and requirements of the Health Department, and provide at the locations hereinafter defined the following: (a) One toilet for each sex for every ten (10) units or fraction thereof. (b) Each toilet room provided for men shall have in addition one urinal stall (c) Each toilet room having two or more toilets shall be provided with one 1 s lavatory or washbasin. (d) One shower bath or bathtub shall be provided for each sex for each ten (10) units or fraction thereof. (e) All toilets, basins, showers and bathtubs shall be placed in properly constructed buildings located not more than two hundred (200) feet from each cottage or house car site. (f) Buildings shall be well lighted at all times, day or night, well ventilated with screened openings, which screen wire shall be of not less than fourteen (14) meshes to the inch; and said building so constructed to be of such moisture proof material as shall permit rapid and satisfactory cleaning, scouring and washing. (g) The floor shall be of concrete or similar material, elevated not less than four inches above grade, and each room provided with floor drains. (h) Slop sinks or basins with adequate water supply shall be provided to serve each ten units, and shall be constructed in accordance with the design, size and material approved by the Health Department. .(i) where persons other than the Caucasian race are employed or sheltered, separate conveniences shall be provided subject to the same regulations and rules herein provided. SECTION 22: MANAGEMENT OF COURTS. Each automobile tourist court or each combined automobile tourist court and tourist court shall be under the direct management of the owner or his agent or representative, for whose acts he or they shall be fully responsible. The name of the person entrusted with the direct management of a court shall be filed for reference with the Health Department. Such person or persons must be of good reputation and character, and shall satisfy the Health Department of their experience and capacity to supervise, manage, regulate, control and maintain good sanitary conditions in and about the co art . SECTION 23: BUSINESS OFFICE. Each automobile tourist court or each combined automobile tourist court and tourist court shall be provided with a building to be known as the office in which shall be kept copies of all records pertaining to the management and super- vision of the court, and such records to be available for inspection by the Health Department. SECTION 24: REGISTER FOR GUESTS. It shall be the duty of the owner, his agent, representative or manager to keep a register of all persons accommodated on the court, said register to include the names of all persons, their home addresses, the number and description of their automobiles or other vehicles, and duration of stay. SECTION 25: RULES AND REGULATIONS FOR COURT. It shall be the duty of the owner, his agent, representative management of the court; to make or manager to prescribe rules and regulations for the adequate provisions for the enforcement of such rules; and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such court. Copies of all such rules and regulations to be furnished the Health Department. That in addition thereto, it shall be the duty of the owner, his agent, representative or manager to comfily strictly with the following: a) Provide for regular inspection of the water and the sanitary conveniences. (b) Provide for the collection and removal of garbage and other waste material. (c) Prohibit the placing or storage of unsightly material or vehicles of any kind. (d) Provide for the regular cleaning, painting, repairing and disinfecting of all buildings. 22 (e) Take such other measures as may be deemed to be necessary by the Health Department to preserve the health, comfort and safety of all persons residing in the court and the general public. (f) Shall cause each dog, cat or other pet animal to be kept under control at all times, either by being tied up or confined in proper enclosure. (g) Shall report to the Health Department all cases of communicable diseases or suspented cases of communicable diseases affecting any guest or employee of the court within twenty-four (24) hours. (h) Shall report immediately to the Police Departrnent of the City, all acts of disorderly character committed by any person or persons inside of the court. (i) Shall see that copies of all rules and regulations are prepared and posted in conspicuous locations throughout the court. SECTION 26: LIGHTING. Every automobile tourist court or combined automobile tourist court and tourist court heretofore or hereafter established shall be provided with means of lighting the same at night and all public water closets and bath units shall be provided with sufficient lighting facilities which shall be kept lighted during the time from one-half hour after sunset until one-half hour before sunrise. SECTION 27; EQUIPMENT. Any water faucets, toilets, garbage receptacles, or other equipment required by the provisions of this ordinance in automobile tourist courts or combined automobile tourist courts and tourist courts, or which may hereafter be required by any rules and regulations of the health department pertaining to automobile tourist courts or combined automobile tourist courts and tourist courts shall not be construed to mean water faucets, toilets, garbage receptacles or other equipment now or hereafter located in or adjacent to automobile tourist courts or combined automobile tourist courts and tourist courts and which may already or hereafter be required under provisions of other laws or ordinances. SECTION 28: CAMPING OUTSIDE LICENSED AUTOMOBILE TOURIST COURTS OR COMBINED AUTOMOBILE TOURIST COURTS AND TOURIST COURTS. It shall be unlawful for any person, firm or corporation to locate or maintain any such house car in any place in the City of Corpus Christi other than a duly licensed and lawful automobile tourist court or combined automobile tourist court and tourist court, unless such person, firm or corporation shall first secure a permit from the Health Departrnent of the City of Corpus Christi upon written application filed with such Health Department and giving the name and address of the applicant and a description of the property upon which said house car is to be located. The Health Department shall refuse to grant any such permit unless the applicant shall first show to the satisfaction of said Health Departrnent that there is adequate water closet, garbage receptacles, and slop sinks available within reasonable distance of such house car location or thatthe applicant, upon locating on said premises, shall provide or cause to be provided the same. It shall be unlawful for any such person, firm or corporation to maintain, locate or live in any such house car without first obtaining such permit from the Health Departrnent of the City of Corpus Christi, Texas. SECTION 29: PROTECTION AGAINST FIRES: (a) No fires shall at any time be so located in any court as to endanger automobiles or other property. No fires shall be left unattended at any time, and all fires shall be completely extinguished before leaving same. No camp fires will be permitted under any circumstances. (b) Gasoline or inflammable fluid shall never be placed or stored on any unit in an automobile tourist court or a combined automobile tourist court and tourist court or contained or stored in any cottage or house car located on any such unit; excepting, however, there may be kept in a cottage or house car a sufficient amount of gasoline or inflammable fluid for domestic use, but the quantity so kept shall not exceed one-half (1/2) gallon. (c) All courts shall be equipped with three (3) gallon soda -acid extinguishers, one for each four units, or fraction thereof, and sane to be placed on or near the units to be served. (d) The owner of an automobile tourist court or a combined automobile tourist court and tourist court shall at all times see that all ordinances of the City relating to, prevention of and protection from fires shall be fully complied with. SECTION 30: GENERAL PROVISIONS FIXING PENALTY. Any person, firrn, corporation, association, partnership or society violating any provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall•be punished by a fine of not less than Five ($5.00) Dollars nor more than One Hundred ($100.00) Dollars and every day such violation continues shall constitute a separate offense. SECTION 31: SAVING CLAUSE. If any section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional, the holding of any such section or provision of any such section to be void, ineffective or unconstitutional for any cause whatsoever, shall not affect the validity of the remaining sections and provisions of this ordinance. SECTION 32: ORDINANCES REPEALED. All Ordinances or parts of Ordinances in conflict herewith shall be and are hereby repealed. SECTION 33: CUMULATIVE. This Ordinance shall be cumulative of all ordinances of the City of Corpus Christi and of all laws of the State of Texas. SECTION 34: PUBLIC EMERGENCY. The fact that the present locations and conditions of automobile tourists courts or combined automobile tourist courts and tourists courts for house cars are a menace and a hazard to the health of the citizens of the City of Corpus Christi creates an emergency and an imperative public necessity requiring the suspension of the Charter Rule providing 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, and that the Mayor having declared that such public emergency and imperative necessity exists, and requests that said Charter Rule be suspended, and that this Resolution take effect and be in full force and effect from and after its passage, and IT IS ACCORDINGLY SO ORDAINED. •PASSED AND APPROVED this 16 day of November, A. D. 1937. Jos. Liireur - Mayor Pro Tern 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 16, 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 Ordinance, 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 2'1 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 Chart Rule or requirement and pass this Ordinance finally on the date it is introduced, or at the. present meeting of the City Council. RESPECTFULLY, Jos. Mireur - Pro -Tem Mayor, City of Corpus Christi, The Charter rule was suspended by the following vote: A. C. McCaughan Absent Joe Mireur Aye C. 0. Watson Aye D. A. Segrest Absent Thos. R. McGee Aye The above,Ordinance was passed by the following vote: A. C. McCaughan Absent Joe Mireur Aye C. 0. Watson Aye D. A. Segrest Absent Thos. R. McGee Aye A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH THE TEXAS AND NEW ORLEANS RAIL- ROAD COMPANY, GRANTING TO SAID CITY OF CORPUS CHRISTI, AT ITS SOLE COST AND EXPENSE, THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAINTAIN AND OPERATE SEVERAL GAS AND WATER MAINS AT OR NEAR THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. Texas BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1: That the Mayor of said City of Corpus Christi be, and he is hereby authorized and directed to execute an agreement with the Texas and New Orleans Railroad Uompany, granting to said City of Corpus Christi, at its sole cost and expense, the right to construct, reconstruct, maintain and operate several gas and water mains at or near the City of Corpus Christi, Texas, a copy of which agreement is as follows, to -wit: LICENSE FOR UNDERGROUND MAINS THIS AGREEMENT made this 28th day of October A. D. 1937, by and between TEXAS AND NEW ORLEANS RAILROAD COMPANY, First Party, hereinafter termed "Licensor", and CITY OF CORPUS CHRISTI, TEXAS, herein, Second Party, represented by its Mayor, hereinafter termed "Licensee", WITNESSETH THAT: Licensor, in consideration of the faithful performance by Licensee of all its covenants and agreements herein contained, hereby permits Licensee, at its ovm sole cost and expense to construct, reconstruct, maintain and operate several gas and water mains, hereinafter termed "Structure", at or near Corpus Christi, State of Texas, in the location shown by red lines on the map -hereto attached and made a part hereof. The said Structure to be constructed beneath the surface of the ground, at a depth of not less than four (4) feet. The location and description of said Structure is more particularly described as follows to -wit: 1st. A four (4") inch gas pipe to cross Licensor's property and under its main track at right angles at Engineer's Station 4526+50, and under both legs of its wye track parallel with and approximately 50 feet southeasterly from the center of said main track. 2nd. A six (6") inch gas pipe to cross under said main tract at an oblique angle at Engineer's Station 4626400, also six (6") inch gas pipe crossing at Engr's. Sta.4584110. 3rd. An eight (8") inch and two ten (10") inch water pipe to cross said property and under said main track at right angles at Engineers Station 4584410 46084 and 4621450 respectively. This agreement is made upon the following terms and conditions: ARTICLE 1. Licenseehereby acknowledges the title of Licensor in and to the premises described in this agreement and agrees never to assail or resist said title. ARTICLE 2. For such use of said premises, Licensee shall pay Licensor on presentation of bill therefor, a rental of Ten and No/100 ($10.00) Dollars per year, payable annually in advance at the office of the Licensor's Treasurer in the City of Houston, Texas. er ARTICLE 3. Licensee agrees to indemnify and save harmless Licensor from and against any and all loss, damage, liability, cost and expense which Licensor may sustain or bear or to which Licensor may he put, resulting directly or indirectly in any manner from the location of said structure and its appurtenances on or beneath the premises hereinbefore specified. K,