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Home My WebLink About0787 RES - 11/23/19372'1 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, 2 5 - ARTICLE 4 Licensee and the agents and employees of Licensee shall have the privilege of entry on said premises for the purpose of making necessary' repairs to or changes in said structure, and Licensee agrees to at all times keep said premises in a good and safe condition, free from waste, all to the satisfaction of Licensor. - ARTICLE 5 Licensee agrees that all work upon, or in connection with, said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the oper- ations of the Licensor, and that the location of said structure and all work in connection therewith shall be done and made under the supervision and to the satisfaction of Licensor. In the event the said structure should at any time interfere with the construction of any buildin-, or other improvement of Licensor or its tenants, now or which may hereafter be constructed, the Licensee agrees to make such changes in said structure as will prevent the interference,- • ARTICLE 6 This License is personal to Licensee, and in case Licensee shall attempt to assign or transfer the same in whole or in part without the previous written consent of the Licensor, this License may, by:notice from Licensor to Licensee be revoked. ARTICLE 7 In the event Licensee discontinues the use of said structure and abandons the same, or foils to keep, observe and perform any covenant on Licensees part herein contained, all rights hereby given shall forthwith cease and determine and.Licensee thereupon shall remove said structure and restore the premises as nearly as possible to the same state and condition they were in prior to the installation of said structure. Should Licensee fail, neglect or refuse to so remove said structure and restore said premises, such removal and restoration may be performed by Licensor at the expense of Licensee, which expense Licensee agrees to pay to Licensor on demand. ARTICLE 8 If and whenever work of any kind or character is to be performed or done by a con- tractor for Licensee, Licensor hereby reserves the right to require the said contractor to enter into a written agreement with Licensor satisfactory to it, and to also require the con- tractor performing the work to give an indemnity bond in favor of Licensor in such amount as Licensor shall specify before permitting any such contractor to perform or do any of said work upon the premises hereinbefore specified. ARTICLE 9 In case Licensor shall bring suit to compel performance of or to recover for breach of, any convenant, agreement or condition herein written, Licensee shall and will pay to Licensor reasonable Attorney Fees in addition to the amount of the judgment recovered and costs ARTICLE 10. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplicate the day and year first herein written ATTEST T. R. Kring City Secretary APPROVED AS TO FORM Andrew Wharton General Counsel for Licensor. • TEXAS & NEW ORLEANS RAILROAD COMPANY BY: Executive Vice -President Licensor. CITY OF CORPUS CHRISTI BY: A. C. TlcCaughan, Mayor SECTION 2: The public importance of this Resolution creates a public emergency and a public imperative 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 Or- dinance 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 23rd day of November, A. D., 1937. Sgd. A. C. IcCaughan, ATTEST: Mayor, City of Corpus Christi, Texas T. R. Kring - City Secretary APPROVED AS TO LEGAL FORM R. Briscoe King, City Attorney - - -- Corpus Christi, Texas November 23, 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 Aye Thos. R. McGee Aye The above Resolution was passed by the following vote: A. C. McCaughan Aye Joe Mireur Aye C. 0. Watson Aye D. A. Segrest Aye Thos. R. McGee Aye A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF CORPUS CHRISTI TOEXECUTE OWNERS CHANGE ORDER NUMBER 25, IN REFERENCE TO CITY OF CORPUS CHRISTI, TEXAS SEWAGE TREATMENT PLANT AND SEVER EXTENSIONS, AND DECLARING AN EMERGENCY. 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 Owner's Change Order Number 25 in reference to City of Corpus Christi, Texas Sewage Treatment Plant and Sewer Extensions, a copy of which Change Order is as follows, to -wit: CONTRACT CHANGE ORDER REQUEST OWNER'S CHANGE ORDER NO. 25 Mr. George M. Bull, Regional Director. Region #5, Public Works Administration. Fort Worth, Texas PWA NO. DOCKET 8864 Engr. Ref. No. 909 Name of Project - Corpus Christi. Sewers your approval i,s requested of the followin change concerning , as described in detail on the reverse side, and attachments and exhibits made a part hereof. Amount of this contract to date $574,000.07 Amount of this change order 0.00 Amount of this contract including this change 574,000.07: Additional calendar days required by this change: Thirty Six Days. WHEREAS, it is desirable to make changes in the plans and specifications for this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the changes, as shown herein and in the attached exhibits and data, and the Owner agrees to pay the Contractor the amount of the increase in the contract price if any, and in event of a decrease, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, The Owner and the Contractor hereto have set their hands this the 29th day'of November, 1937. McKenzie Construction Co. (Contractor) By: Title. APPROVED: 193 (Owner) By Title Owner's (Engineer) or (Archi tPct,