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HomeMy WebLinkAbout0797 RES - 12/07/19375� RESOLUTION "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 corporation, one certain written agreement, dated 7th Dec. 1937, between said corporation and GUY A THOMPSON, TRUSTEE. THE ST. LOUIS. BRO WNSVI LLE & MEXICO RAILWAY COMPANY, DEBTOR herein called Carrier, respecting among certain things The construction, installation, operation, maintenance and reconstruction of a concrete box culvert to enclose a 30" water supply line under, through and across Carrier's property near Calallen, Nueces County, Texas, said water supply line crossing under the 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 corn oration do hereby certify tha t the above and foregoing is a true copy of the resolution duly passed , approved and adopted as by law prescribed, by and on behalf of said corporation by its City Council. on' December 7, 1937 IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed 19 - (Affix Seal) (Signed) T. R. Kring SEAL Secretary. THE STATE OF TEXAS KNOW; ALL MEN BY THESE PRESENTS: COUNTY OF NUECES That GUY A THOMPSON, TRUSTEE, THE ST. LOUIS, BRO7NSVILLE AND MEXICO RAILWAY COMPANY, DEBTOR, hereinafter called "Railway", has licensed and granted permission, and, by these presents, does license and grant permission, unto the CITY OF CORPUS CHRISTI, a municipal corporation of the State of Texas, to be addressed at Corpus Christi, Nueces County, Texas, hereinafter called "City", to construct, install, maintain and reconstruct a concrete box culvert to enclose a 30" water supply line under, through and across the right of way of said Trustee at I. C. C. Station 7844+79.5, Mile Post 148.54, near Calallen, Nueces County, Texas, together with permission to operate and maintain the necessary appurtenances and substructures. It is contemplated that, in order to construct, operate and maintain said culvert and as a necessary incident thereto, it will be necessary for City to perform, or cause taa be performed certain temporary work, and to construct and maintain, or cause to be constructed and maintained, said structure. Said matters are provided for in a contract between Railway and City contemporaneously executed herewith. It is expressly understood and agreed that this license and permission is solely for the purpose of constructing, installing, operating and maintaining a canal, flum e or ditch for the purpose of carrying water for purposes of sale; and if any portion of the premises, over which or upon which said canal is constructed and maintained, shall cease to be used for such purpose this license and permission, as to the portion so abandoned, shall expire and terminate (subject to provisions of termination hereinafter sat,out) at the time such portion, if any, _ sha ll.,b'e..-so abandoned. It is further understood and agreed that this license is private and personal to City, and no right hereunder shall be sub -let or assigned voluntarily or involuntarily, in whole or in part, except upon the prior written consent of Railway, its successors and assigns. Railway expressly reserves the right to construct, change, alter, locate, relocate, align, realign and/or multiply on, over•or across said canal and any portion thereof on Railway's premises railroad tracks and structures, and to maintain and use said track, tracks or structures. City shall indemnify and save harmless Railway from and against any and all demands, actions, causes of action, suits and costs, including cost .of investigation and attorney's fee, incident to, arising out of, or, in any way, connected with (a) the construction, maintenance, existence or use of said. canal, and (b) any and, ::ill construction, maintenance and existence of incidental and necessary structures, ditches or dikes. This license and permission is expressly conditioned upon the perfonnance and observance of each and all the terms and conditions hereof, and shall continue only and solely so long as each and every such term•, covenant or condition is observed and performed; and, in the event that City shall fail or refuse to comply with any of such terms, covenants and conditions, or fail, for a period of thirty (30) days, to cure any default therein, the license and permission, herein given and conferred, shall ipso facto cease and terminate without necessity of re-entry. 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 be- ing 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 license shall ipso facto terminate, unless, pursuant to the decree of said court, said license 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 this 7th day of Dec., 1937. GUY A THOM'S ON , TRUSTEE , TIE ST. LOUIS, BRO NSV ILLE AND i XIC O Ra LW Y COMPANY. DEBTOR BY SEAL Senior Executive Assistant. ATTEST: CITY OF CORPUS CHRISTI, City Secretary. BY (SGD.) A. C. I CCAUGHAN Ma yo r . APPROVED: General Manager. Chief Engineer. APPROVED AS TO FORM: General Attorneys, StLB&M •