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Home My WebLink About01712 RES - 08/29/1944A RESOLUTION AUTHCRIZING AND DI3ECTING TEE MAYOR MIT) CITY CONTROLLER or THE CITY OF COQiUS CHRISTI, TEBAS, TC MCti'TU, FOR ArL ON 9x.3317 0� 94,ID ITY, ;U; AR —X= BY r°..';D 33 T' TIL CITY OF CORPUS C'.?, =tl _IND TJV3B ?SdDNi4: Ca•- : :z GLP-, T-- CITY TO CONSTRUCT A iNITU..Y 71 SZVIZB IN CO &US CMISTI; AND DEOL ING A:: MERGETCY. K IT MSOLPID 3Y TF^ CITY COUNCIL OF THE CITY CF CORETUS MRISTI, =U I SECTION 1. That the Mayor and the City Controller of tae City- of Corpus Christi, Texas, be, aad they are hereby, authorized and directed to execute an agreement by —1 batveen tit: City of Corpus Christi, Texas, and Texas and New Orleans Railroad CompatPj for the City to construct a sanitary server in Corpus Christi, a copy of which agreemant is attached hereto and rude a ;art hereof and reads as follows, to -wit: LICENSE ``'° THIS AGREEMENT made and entered ions by and between TEXAS AND NEW ORLEANS RAILROAD COMPANY, First Party, hereinafter termed "Lfcersor," and CITE OF CORPUS OF6JISTI6 TESASa herein represented by its Jayor , Second Party, hereinafter termed "Licensee." WITNESSETH THAT: Licensor, ' eoneider ation of the faithful performance by Lke¢aee of all fes covenants and agreements herein eon - tained, busby permits Iieensee, at its own sole mat and expense to construct, reconstruct, maintain and operate a assitary sever , hereinafter termed - Structure," at or near Corpus Christi , state of Texas , in the location shown by red Han an the map hereto attached and made a part hercof. 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: k oaat iron pipe line twelve innhe, (12 ") in dissenter crossing idaensor's property In Moak 88, and under Its tracks at right angles at Engineer's Station 46X•651 and under its Hughes Street tracks along the treater line of Once streety and -upon and cross Licsnsor's property in Blocks 47 and 40, parallel with and approximately 46 feat northwesterly froa center ]Sae of its Blank Street tracks all as ehoen an said map. This agreement is made upon the f.howing terms and conditions: ARTICLE L Licensee hereby acknowledges the title to Licensor in and to the Premises described in this agreement and as.. never to assail or resiat said title. ARTICLE IL For each use of said premises, Ucensm shall pay Iieensor on presentation of bill therefor, a rental of Qie and 11e /100 ($ laDD ) Dollars per year, payable aonually in advance at the office of the Licmesr's Treaemer in the City of Houton, Texas. ARTICLE HI. Licensee agree. to indemnify and save harmlem Licensor from and agajmt my and all loss, damage, Rability, cost and etpmse which Lieemor may sostaa ur bear to which Licensor may be pm, resulting directly or mdirecq in say manner from the location of said structure and its appurtenances on or beneath the premmea hereinbefore specified ARTICLE IV. Licensee and the agents and employees of Licensee shall have the Privilege of entry on said premises for the purpose of m king n em r pairs to or changes ' said structure, and Licensee agrees to at all time. keep said premises ta a good and safe dftion, free from waste, an ro the satisfaction of Luenaor. ARTICLE V. Licemse agrees, that an work upon, or in connection with, mid structure shag be done at each times and in such rnsmv as nos to mevfere in any Yy whatmery ith the opvatiove E the Licensor, and that the location of said sermxure sad all work in connection th ewitb shall be done to the tisf -tic" of Licensor. In the event the said structure should at any time intcrfere with the construction of any building or other imp ove- ments of Licensor, or its tenants, now or which may hereafter he constructed, the Licensee agrees to make such changes In acid structure as will prevent the interference. ARTICLE VL This Lfeame is personal to Licensee, and in am Licensee shall attempt to as ign or, transfer the same, in whole m part, witium the prevkms wrinm. comet of the Lfemaor, this Lima may, by notice from Liemsor to Liemaea be revoked. ARTICLE VIL In the event Licensee discontinues the use of said structure and abandons the same, or fails to kecp, bsene and p:rfom any covenants on Licensees part herein e— mined, an right. hereby given hen fort hwith ce se and determine and lire¢see thereupon shall remove said structure and restore the premises m nearly as pmaible to the acme state and condition they were in prior to the installation of said structure. Should Licensee fail, neglect or refuse to remove said structure and restore said premises, such removal and restoration my be performed by Licensor at the expense of Licen- see, which expense Licensee agrees to pay to Licensor on demand. ARTICLE VUL H and wbenerer work of any kind or character is to be performed or, done by a tractor for Licensee, Licensor hereby rea s eke right ts- require she said m¢traeesr to e ter into a watten agreement with Licensor satisfactory ro it, nerd toealas require the vact¢r paformfo$ the work ro give an indemnity bend ' favor of Licensor ta such amoont as Licensor alias specify before permitting any such contractor to perform or do say of mid work upon the Premises hereinbefore specified. ARTICLE IX. In we I#msor shall bring suit to compel performance of or to rmover for breach of, any covenant, agreement or condition herein written, Licensee shall and will pay to Licensor- r—.bk Attorney Fen in addition to the amount of the Judgment recovered and costs. ARTICLE X. Except as otherwise provided herein, the terms and ene ditions of this agreement shalt inure to the bfit of and he bindf¢g upon the summers and assigns of the parties hereto. t ISeeases shall bear any and nil cost of an porting or r at }fie sore ka the bwg mfg efiou work, structure. and arreagameote herafarnehall a maw or to IN WITNESS WHEREOF. the parties hereto here caused tbess presents to be a Wd in duplicate on this the 8th day df Auanet s D. 19!'4 ATTESTS TEXAS AND NEW ORLEANS RAII.R AD COMPANY City Seoretary Approved: e� DJE.Dt By ec¢tive Vice- eaidmt L cemsor. `maneeer CITY OF GOP= CMUSTIa TEXAS M 90 Chief Rhaines. Ap it form ✓� _General Counsel for Lieerim.. - Lkenme. y Ai oral ey7 piproved as to_Legal Forms SECTION 2. The urgent need sewer structure and work for the welfare of the City of Corpus Christi creates a public emergency and puhlie imperative nocessity requiring the sus ^e:is ion of the Charter rule 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, and the Ngyor having declared that such public omergeacy and imperative necessity exist, and having requested that such Charter rule be suspended, and that this Resolution be passed finally on the date of its introduction and take effect and be in full force and effect from and after -its passage, IT IS ACCORLiNGLY RESCI: M. PASSED and APPROVED this day of A. D. 19''!'- IkYCR, City of Corpus Christi, Texas ATTEST: /- ✓� -e..�� - City Secretary APPROVED AS TO LEGAL FORM: City Attorney Corpus Christi, Texas 1943 TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlanen: For the reasons set forth in the emergency clause of the foregoing resolution, a public emergency and an imperative necessity exist for the suspension of the Charter rule or require- ment 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 end pass this resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully tAYO City of Corpus ris , ��exas fol VVVlouring vote: fT The Charter rule was suspended y the - A. C. McCaughan Jos. Mireur Ed. P. Williams D. A. Segrest B. G. Moffett The above resolution was passed by th following vote: A. C. McCaughan Joe. Mireur Ed. P. Williams D. A. Segrest R I& CID 44 PA04