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HomeMy WebLinkAbout0796 RES - 12/07/1937RESOLUTION "BE IT RESOLVED, by the City Council of City of Corpus Christi, a municipal corporation of the state of Texas that said corporation's Mayor, be and he is hereby duly authorized and fully empowered to enter into and execute, for and in the name of said corpora- tion, one certain written agreement, dated 7th day of Dec. 1937, between said corporation and - GUY THOIv 'SON, TRUSTEE , THE ST. LOUIS , BROiNSVILLE & LLEXICO RBILG1r,Y COLt9ANY, DEBTOR ... , herein called Carrier, respecting among certain things The license to occupy Carrier's property near Calallen, Nueces County, Texas with a concrete box culvert enclosing a 30" water supply line, said water supply line crossing under Carrier's main line track at I.C.C. Station 7844 - 79.5 Mile Post 148.54, true copy of said agreement being attached hereto as part hereof". * * * I, T. R. Kring, as City Secretary of said corporation, do hereby certify that the above and foregoing is a true copy of the resolution duly passed, approved and adapted, as by law prescribed, by and on behalf of said corporation by its City Council on December 7, 1937. (Affix Seal) SEAL. THE STATE OF TEXAS COUNTY OF NUECES WITNESSETH: Recitals IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed 19 - (Signed) T. R. Kring Secretary This AGREEMENT. entered into and executed this 7th day of Dec., 1937, The CITY OF CORPUS CHRISTI, a municipal corporation of the State of Texas, situated in Nueces County, Texas, to be addressed at Corpus Christi, Nuedes County, Texas, hereinafter called "City", desires to construct, install, operate, maintain and reconstruct a concrete box culvert to enclose a 30" water supply line under, through and across the right of way of GUY A THOMPSON, TRUSTEE, THE ST. LOUIS, BROWNSVILLE AND 1E XICO RAILWAY COMPANY, DEBTOR, hereinafter called "Railway", at I. C. C. Station 7844479.5, Mile Post 148.54, near Calallen, Nueces County, Texas. Contemporaneously herewith, Railway has given City a license for the construction, operation and maintenance of said culvert, which construction, operation and maintenance requires the doing and performing of certain work on Railway's right of way; and Railway is willing to give said license to City upon and subject to the terms, covenants and conditions set out below. I. City, at its sole cost and expense, shall construct, install, maintain and reconstruct said culvert in conformity wit4 the plans and specifications attached hereto, marked "Exhibit A" and made a part hereof for all purposes. Said plans shall be submitted to, and approved in writing by, Railway's Chief Engineer prior to City doing any work in accordance therewith. All work shall be done under the supervision of Railway's Chief Engineer or his representative. After approval of said plans and specifications, no changes nor alterations shall be made therein without like prior written approval of said Chief Engineer. II. City shall cover and fill my ditches or openings made or dug incidental to the construction herein provided for. Any backfilling, done or caused to be done by City, shall be subject to the supervision and approval of Railway's Chief Engineer or his representative, and shall be done in such a manner as not to interfere with presently existing surface drainage. Any excavated material to be wasted shall be wasted under the supervision of Railway's Chief Engineer or his representative. No excavated material, except that from Railway's premises, shall be wasted along Railway's property. Any and all maintenance of said culvert shall be done by City at its sole cost and expense. It is expressly agreed, however, that should said culvert require maintenance, repairs or renewal, in whole or in part, and such has not been done by City, and if, in the opinion of Railway's Chief Engineer, such maintenance, repairs or renewal are necessary to protect the safety and continued operation of Railway's trains, engines and cars. Railway may notify City of the necessity for such repairs. If City fail or refuse to make or do such repairs, maintenance or renewals for a period of 20 days after notice from Railway's Chief Engineer or his representative of the necessity for same, Railway is authorized to perform and do any and all things reasonably necessary to insure and protect the safety and continued operation of its trains, engines and cars, andto charge the cost thereof at Railway's customary rates to City, and City agrees to pay, promptly and within 15 days after receipt oC bill, the cost of any such vc rk. IV. , The contract or contracts to be let by City for the construction of said culvert shall require: (a) That the bond, regaired to be given by the contractor cc contractors, shall include Railway as one of theobligees thereunder. (b) The contractor or contractors shall carryWorkmen's Compensation, Public Liability and Property Damage Insurance in good and reliable -companies, approved by Railway and City. Said Public Liability policy shall provide for a maximum liability of 45,000.00 for injury to or death of any one person, and a maximum of w50,000.00 for injury 5� to or death of more than one person, resulting firm any one accident. V. City shall protect, indemnify and save harmless Railway its successors and assigns, from and against any and all demands, actions, causes of action, suits, judgments or recoveries, arising out of, incident to, or, in any way, connected with the construction, installation, maintenance, repair, existence or use of said culvert. VI. The St. Louis, Brownsville and Mexico Railway Company, pursuant to Section 77 of the Bankruptcy Act approved March 3 1933, is now in process of reorganization and is being operated by the undersigned Trustee under jurisdiction of the United States District Court, Eastern Division, Eastern District of Missouri, and upon the date that ownership or control of the railroad and property of said Railway Company by said Trustee or successor trustee or trustees shall cease, this agreement shall ipso facto terminate, unless, pursuant to the decree of said court, said agreement shall be continued in effect by the party succeeding to such ownership or control. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the day and date first above mentioned. ATTEST: CITY OF CORPUS CHRISTI. (SGD.) T. R. Kring By (SGD.) A. C. McCaughan City Secretary Mayor. APPROVED: GUY A THOMPSON, TRUSTEE, THE ST. LOUIS. BROGWNSVILLE AND IE X - IC O RAILWAY COMPANY, DEBTOR, General Manager BY Chief Engineer APPROVED AS TO FORM: General Attorneys, StLB&L Senior Executive ..ssistant.