HomeMy WebLinkAbout01796 ORD - 05/15/1945AN ORDINANCE AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CONTROLLER OF THE CITY OF
CORPUS CHRISTI TO E:C;CUTE FOR AND ON BEHALF
OF THE CITY OF CORrUS CHRISTI, TEXAS. AN
AGREEMENT BY AND HETAEEN THE CITY OF CORPUS
CHRISTI, TEXAS, AND NATIMAL BY- PRODUCTS INC.,
FOR THE YLACIHG OF TELEPHONE WIRES ON POLES
OWNED BY THE CITY OF CORPUS CHRISTI ON THE
SHELL ROAD? AND DECLARING AN EMERGENCY:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASs
SECTION 1. That the Mayon' of the City of Corpus Christi, Texae, end
the City Controller be, and they are hereby, authorized to execute for and
on behalf of the City of Corms Christi, Texan, an agreement by and
between the City of Corpus Christi, Texae, and National By- -roducts
Inc. for the .placing of telephone wires on poles owned by the City
of Corpus Christi, Texas, a copy of said contract being set out
hereinafter and made a part hereof end readings as follows, toK its
Tomas, a misdeal oarper■tion, party of the first pare, and 3ationsl By-
Products. Iao.. a p$K'lmtre aawOaaUM4 domiciled in the Stata of Tow,
with its principal Yom office lowtcd in San Antemio. Toomsv acid m?w-
stian acting harein by sad through 86 16 *. its Domeml maaagar mw
Tice"preaident, party Of the saooud part, ham$ this day and$ sad SmUred
into the fQnVMing agreamsmt and aaatraot, teydta
I%* Char of Corpus C*Isti. party at the first part. for
the owaidwatim herslmaftar aautieme4 promises and &Shoes mith part7
of the second part to loans to saah party of the second part, the right.
and privilege to mp telopioms poles created by the City of Corpus Christi
for the purpose of allowing the party or the second part to place there.
two (2) telepInaa 'rites from the and of the amthaestsrn hell Telsphow
Company's sable. located immediately meet of the Amorioan srltdng Company
an the Sbwll Road, tbesse ran Busdred -Six (206) poles asst to the Ratiowl
IF Pr`dasts Tnc.. plant 10000d as ffisll Road most of Corpus Christi.. It
is =48TINtood. and agrpd that party of the second part shall pap is party
of the, first part ms yearly rental for the ure of said tolophams poles the
following sawattaa
The m of fifteen Gen" 00.15) per pin for almoiy
toe (92) pulp. or a total of imm *=Ind *tghtg.d'aar
(184) Bins an areas -arms. —n a tow am at iswty
Sa$en Dollar& and Sixty cons (WT.60). The ss of
ton awin (SO-10) pr pis for No bnmhvd fourtaoa (134)
pulp. or a total of two tmmmiar Isht (228) pins
80� Holara
and Csa (W.) a
rental of Fifty and !OAW (00 -W) Dollars.
It is further maderatcod and aged that p a part of the can -
sideratims of this contract that the party of tie second part ap-mm to
plmaa am as" pole ail aroma -arms that are necessary to ire placed da the
Mane to 0-7 Maid line, Said eresr•ars to be famished by party of
the first part and to be the property of party or the first part, and
to pay all iabar costs, aandtial nouns ethos Shea the woodaa ortaw area
to be faalmilded by Party of the first part. and to poy, al1 espeaaea
iaoident to the placing or the lift gown.
It is farther agrosd by the portion hereto they the Posting
Of rash pedvileps is subjoet to the following oanditiaaer
I. The 11seonre, or party of the Aeeand part. shall par
to party at the first part the asmuml rental bsxeif prevI&I
fur in.sdfmw ateh year, and in Me twat this contract is
oanoelled by party of the first part the pro rates part of the
sawAl rental ah41 be rsferfded, but if the eat this saftrost
Is uanI Iled by Thy of the sound part me part of the real
rental so paid in advance shall be refunded.
2. So mot k shall be dons nndrr this permit uaelses the
Sam is appraved by party or the first pert'■ lnspseters, and
Party of the stoaeui part agrees to pay for the tine and e*pears
of party of the first part's i- POctors while party of the second
past is doing the work alder this perwit. arai all.sork onns
berg wed all nat®ritl end APPliemnss r rmishod shall be
At the expanse of party of the attend part and all fixtures and
material of —ry dosaription attached to Said poles and/or
cross'Sraa, exatpting the wires, obsll upon abandomout of the
use of the BAD, ar removal of the rant from the pal". or the
vaawllatiaa of tb-U Pq-t, main on the Palos And boo. the
paapong9 of party of the first garb.
3. The party of the Second part Shall, At all time during
the erection, stringing,, connecting, amt during my alterations
or abango or repair of said life or wires, keep the sires and
Bata of party of the first part and other lines on acid Palos
free and elear of may and all traoblt due to the eperatias of
party of the "camd part.
4. The Mal— peried for this Ietea is amt year but this
sontraet sbal.l be is edfest f— yew to year adnjoat to the ether,
provisions b"Waf.
tug 5. After the foregoing . incite Pcried of am (1) year,
t notice � be isrmSmstod by either party upset ninety
city or am int:ntiem to tarmiatte,
6. ►ttasmeato shell be used is Aersardease with party of
the first past's rommutiams or standard speaifiestiosa.
7. party of the aseefd part Mall at any titer, at its a.
expoomme. aM thirty 4" written mttlec from peaty or the first
part: change, altarp iwprwvo, or reatw its Property is weak reamer
AS Party of the first part shall airaot.
B. Party of the —and part shah net sake ary o3tng»a ins
the looatiem of attaclmeate or at the.nat of its faellitdos without
the srptt- consent of MAY Of the first part first had and obtained.
9- party of the —God party shall net assiga ar sab2st or
trwnsfer nay of the Privileges bsreia great" withut the ""'a
of party of the first part im writing.
- 2 -
IA. Nothing hernia semtaiasd shall be construed to "afar
I as Party or the seemed parts ow OROU of property ion the
Plant fasillthes of part of the first part or as a gsarmatw of
partly of the first part of poes,"Wioe free, property owns" to
use musk foolutisa.
11. No VIM or caloe for marrying a eorront of elec-
tricity Ann be good an the polar of party of the first part
by party of the, eramd part.
It. pasty of L9to *@saw part than Indemnity sad hold
haralesm -party of the first park against arty am an damages
that mer result to the oguipasat or property aid or used by
Party er the waond. Part sad from and against myasd all legal
and other eup"asas. olalna. soots. lasses. suits. juipmata
for dmoag". or injuries arising to person, or graparty, or
ift Buy other ae,mer by resema of the use or maintwomme by
party of the meommd part mf plant foailities hortse4m. or
by rommem of the mots or amgligmaae or am tmto or ospicyaes
of patty of the toaoad part or "a" owleyrd tv WdA -part) while
esgegad in the work at pleoisg, maintaining, roomobw. or remot-
iwg the fmid lines or aw piaat faeilitiam eaaaeated. therewith.
the fling's 100loda a raasanotle fee for the serrioas of
the oity otterary in dams it is nsawsary that he tales ties
far consultation, is ragird to amy oWm arising by tirbae of
the iastal3atins of maid UMN or In sap the City should
be mosed. . amid am to be Paid direslllr to the city of Oft-Pm
Christi. and not to the olty ettermoy pereneelly.
13• UPon scrims from party of the first part of the faii-
ure of party of the second part to comply with mey of the eumu-
tinss beraef, Or that the nee -af plant faailitaes arm fwbiddou
bg p samara ar other _ mmthwiti a. this Permit shall
teraimata ieaedlirwy. its Other prmsisisaa of
this movamarta mad we Liability shall arena» to party of tbs
weand part *B&Jast party of the, first part by raeem of gush
tormimRiaa.
3yt sitmass wbsraof the parties hereto have not their hands
this day or 1Pep. 1945.
FO
, L. ww,,.�m
rr-
CITI OF amm CMSTI. Tu"
PartyOtthe First Fart..."
ZJ
PFW
i
CCC1f�8I�f8De
Bye
r
ila.S MAAb Nr- marts. rMORPOiATED
Party of the Smamd part
bye
mr and T16PFR-ar&.t
- 3 -
SEATS or TBIAS
eoom or asp
low W. the - ursigarsd. a ao+my Public is and fbr
aasom Syr State of smw. as this der pergao&uv liey
L. Self. 'ho- of the city of Carpas aft*iit N=x: wom to m to
bit the perasn uhme area is aeswrin.a to tba foregoing inWbr=mt■
sas s to me tit nr Owea �d tba aria -for flea pat7.a .e and
comi4wation thaaeia uprosW vd is the eapaalty bomia stwWW6
GTM MM Iff Haab Jm OUL OF CPriea thin the
dsW of p A. 66.. 19W.
N-17 ftblio in ®i for lase" 6amty
T a z a s.
STATE Or "U';
MWMI MR, the maloae4pod, a ao"ey poblic is and for
assess COMW. State of Ta:aa. an this der psraocair aPpasrsd H. Y.
D=Lbm G@eer4 anxuger sad 4100 Paoaideat of aatiaul ay frsdaots.
lacorposstsd Of 8aa Antmdo. Teaas. beam to i to he the paracn whose
of 18 snhsaribsd to the faawsgatag i- trwwnt. wd sobwalod&d to as
that be eaaartod the Same for the pnrposss sad cansidaratieaa tberaia ss-
prassed and in the sapsaity thereia atatad.
GrM MM laf RM AIM SELL (W l M(M this +.hb
day of A. D., IS46.
actwip Pnblie in snd for Moon ownW..
T a r a e
- 4
SECTION 2. The fact that said contract provides that certain
cross -arms will be placed on said poles, which said cross -arma will greatly
facilitate the telephone service between the water plent at Calallen and
the City of Corpus Christi, Texas, and the further fact that the placing
of said wires will greatly aid the health andv -being of the City of
Corpus Christi, Texas, and the citizens thereof, create a public emergency
and public imperative necessity requiring 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 Eaclution shall
be read at three several meetings of the City Council, and the Mayor having
declared in writing that such public emergency and imperative necessity
exist, and having requested that such Charter rule be suspended, and that
this Ordinance 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, ACCORDII•IGLY, SO ORDALN- -D.
PASSED AND ,APPROVED this Z.'day of May, A. D., 1945.
Mayor, Z��* ol Corpus loo, t axes
ATTEST:
y acre aZ`j
APPROVED AS TO LEGAL FYRM:
ACtIM UITY ATZOMOy
Corpus Christi, Texas
. 1945
TO THE IMMBERS 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 Ordinance, a public emergency and an imperative
necessity exist 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 shell 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 Ordi-
nance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
d._,..,. Mayor, Caty of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Roy L. Self _iii
B. G. Moffett 12
R. R. Rambo
N. C. Beak
N. B. Marriott
The above Ordinance was passed by the following vote:
Roy L. Set£
B. G. Moffett
R. R. Rambo
N. C. Beck
N. B. Marriott
M