HomeMy WebLinkAbout0800 RES - 12/16/1937(
RESOLUTION
ob "BE IT RESOLVED, BY THE CITY COUNCIL OF THE 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 VRITTEN AGREEMENT, DATED 16TH DAY OF DECEMBER, 1937,
BETWEEN SAID CORPORATION AND GUY A. THOMPSON, TRUSTEE, THE SAN
ANTONIO, UVALDE AND GULF RAILROAD COMPANY, DEBTOR, HERIN CALLED
CARRIER, RESPECTING AMONG CERTAIN THINGS THE.LICENSE TO OCCUPY
CARRIER'S PROPERTY ON COMANCHE STREET, CORPUS CHRISTI, TEXAS WITH
A CONCRETE BOX CULVERT ENCLOSING A THIRTY (30") INCH 'WATER SUPPLY .
LINE, SAID WATER SUPPLY LINE CROSSING THE RIGHT OF WAY OF SAID
TRUSTEE AT ENGINEER'S CHAINING STATION, 64 / 78, 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
adopted, as by law prescribed, by and on behalf of said corporation by its City Council
on December 16, 1937.
IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed 19 --
(Sgd.) T. R. Kring
,Secretary.
(AFFIX SEAL)
SEAL.
THE STATE OF TEXAS
COUNTY OF NUECES
)
KNOVI ALL MEN BY THESE PRESENTS:
That GUY A THOMPSON, TRUSTEE, SAN ANTONIO, UVALDE & GULF RAILROAD COMPANY,
DEBTOR, hereinafter called "Hailroad", 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
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right of way of said Trustee at engineer's chaining station 64478 on Comanche Street in
Corpus Christi, 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 to 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 Railroad 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, flume
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 set out) at the time
such portion, if any, shall be 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 Railroad, its successors and
assigns.
Railroad 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 Railroad's premises railroad tracks and structures, and to maintain and use said track,
tracks or structures.
City shall indemnify and save harmless Railroad 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 all construction,
maintenance and existence of incidental and necessary structures, ditches or dikes.
This license.and permission is expressly conditioned upon the performance and
observance of each and all of 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 San Antonio, Uvalde & Gulf Railroad 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 Railroad 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 16th day of December, 1937.
ATTEST:
Sgd. T. R. Kring
City Secretary
APPROVED:
General Manager.
Chief Engineer
APPROVED AS TO FORM:
General Attorneys, SAU&G.
GUY A. THOMPSON, TRUSTEu, SAN
ANTONIO, UVALDE & GULF RAIL-
ROAD COMPANY, DEBTOR,
BY
Senior Executive Assistant
CITY OF CORPUS CHRISTI,
By: Sgd. Jos. Mireur
Mayor Pro -Tem