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Home My WebLink About01798 ORD - 05/22/1945AN ORDINANCE GRANTING TO THE TEAS AM NEW ORLEANS RAILROAD COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A SPUR TRACK OVER AND ACROSS OSO STREET AND THE INTERSECTION OF PALO ALTO AND OSO STREETS; WITH THE PRIVILEGE OF OPKWn,1G ITS ENGINES AND CARS UPON SAID SPUR TRACK; PRESCRIBING THE CONDI- TIONS ON WHICH SUCH RIGHT AND PRIVILEGE IS GRANTED; AND DECLARING AN EMERGENCY. BE IT CRDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The right -of-way, privilege, easement, and franchise be, and the same is hereby, granted to the Texas and New Orleans Railroad Company, a corporation, owning and operating a line of railroad into the City of Corpus Christi to build, construct, owe and operate for a period of Five (5) years from and after the passage of this Ordinance, a spur track upon, along, over, and across Oso Street and the intersection of Oso and Palo Alto Streets, and property adjacent thereto at a point and location on said Ono Street and the intersection of Oso and Palo Alto Streets as follows, to�wits BEGINNING at point on the westerly line of Block Forty -sight (lab) Beach Portion, approximately Fif- teen feet (151) northerly from the southwest corner of said Block and on the easterly line of Oso Street; THENCE, southwesterly in, upon, and across Oso Street and in, upon, and across Palo Alto Street to or near the northeast corner of Block Forty (40). Beach Portion. SECTION 2. The rights, privileges, and franchise granted herein are granted for the purpose of making and affording railway connections and switch privileges to the owners and users of industrial plans as provided in the last paragraph of Section 18, Article 2, of the Charter of the City of Corpus Christi, and in the opinion of the City Council the granting of the rights and privileges herein granted is expedient, necessary, and advisable and the conditions named herein are deemed by said Council to be necessary to protect the City of Corpus Christi, Texas. - --r7gF SECTION j. The City of Corpus Christi reserves unto itself the right at all times,by future Ordinances to regulate the grade of said spur track and roadbed therefor, and the Texas and New Orleans Railroad Company agrees that if, in the future, the grade of such spur track and roadbed therefor is changed it will reconstruct said crossing as pro- vided for herein at its own expense in the event such change is made „and such reconstruction shall be done in accordance with the provisions made herein for the original crossing. SECTION 4. The rights and privileges herein granted are granted upon the following express oonditions and a breach of any of said conditions shall be ground for forfeiture of the rights and privi- leges herein granted and the City of Corpus Christi may revoke said rights and privileges at any time for the failure of the said Texas and New Orleans Railroad Company to fulfill the folloud.ng conditions: (a) The Texas and New Orleans Railroad Company shall, in the construction and maintenance of said track, at all time, at its own cost and expense, install and maintain the necessary crossing for said track on Oso Street and the intersection of Ono and Palo Alto Streets in a smooth, satisfactory condition and that said crossing and the manner of installing the same and the materials used shall be in keeping with the instructions from the City Engineerls Department of the City of Corpus Christi in regard to the same, and the said Texas and New Orleans Railroad Company, both in the construction and maintenance of said spur track and said crossing shall construct and maintain the same in such manner as to interfere as little as possible with the travel over and along said street. (b) The Texas and New Orleans Railroad Company shall be required to provide flagmen at said crossing when switching is being done across said Oso Street and the intersection of Ono and Palo Alto Streets. (o) Said Texas and New Orleans Railroad Company will not use said crossing for more than Two (2) switches per day over the said track, but, in this connection, it is understood that said railroad company might have occasion to use said crossing more than Two (2) times in One (1) day, but the average switches across said crossing shell be Two (2) switches per day., - 2 - (d) Said Texas and New Orleans Railroad Company agrees that when switching is under way at the aforesaid tossing, at no time will it permit said switching to hold up or delay traffic for a period not to exceed Five (5) minutes at any one time. SECTION 5. The Texas and New Orleans Railroad Company shall file its written acceptance of this grant and Ordinance within Ten (10) days after the passage thereof. SECTION 6. Upon the termination of the Five (5) year period of this franchise all rights and property of the grantee herein shall become the property of the City of Corpus Christi in accordance with the Section 17, Article 2, of the City Charter of the City of Corpus Christi, Texas. SECTION 7. The Texas and New Orleans Railroad Company shall pay as adequate oonsideration for this franchise the sum of Twenty -Five Dollars (025.00) upon acceptance hereof, and shall annually hereafter pay the sum of Ten Dollars ($10.00) to said City and if said grantee, the Texas and New Orleans Railroad Company, shall fail or refuse to pay said aornual rental, or to comply with any of the other conditions hereof, the grantor may forfeit this franchise after judicial asoartainment of the default. SECTION B. Said Texas and New Orleans Railroad Company shall also construct and maintain at its own proper costs and expense all cul- verts, ditches, end drains which may be necessary by virtue of the con- struction of the above described track over and above said portion of Oso Street and the intersection of Palo Alto and Oso Streets. SECTION 9. By the said acceptance herein provided the said railway company, its successors and assigns agree to hold said City of Corpus Christi harmless from and indemnify against all suits, costs and damages, including a reasonable fee for the City Attorney of the City of Corpus Christi, that may arise or grow cut of this grant, or by reason of the occupation and use of the right- cf-way herein granted and also pay all expenses that may be incident to the publication of this Ordinance as herein provided. - 3 - ' SECTION 10. That this Ordinance shall be published -once (1) in the official newspaper of the City of Corpus Christi. SECTION 11. The fact that the City of Corpus Christi is affected by the insufficient number of spur tracks to serve industrial users, and the further fact that industry in the City of Corpus Christi will be greatly aided and the free flow of merchandise will be greatly facilitated by the extension of said spur track, and the further fact that the welfare of the citizens of the City of Corpus Christi will be greatly served by the granting of the privileges and rights herein provided £ort create a public emergency and an imperative public necessity requiring the suspension of the Charter rule or requirement that no Ordinance or Resolution shall be passed finally on the date it is intro- duceds and that such Ordinance or Resolution 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, ACCORDINGLY, SO ORDAINED. PASSED AND APPROVED this 2� o dsy of May, A. D., 1945. May or. 7 of orpus Uhris Us T e x a s ATTESTi ty ecre a APPROVED AS TO LEGAL FORM, A city A arney Corpus Christi, Texas 7v . �s ., TO THE ME'MHEHS OF THE CITY COIINCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gantlemea3 For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency end an impera- tive 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 shall be read at three several meetings of the City Councils I, therefore, hereby request thet you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is introduced, or at the present meeting of the City Council• Respectfully, MAYOR, Ci# of Corpus C u•is ', exas i The Charter rule was suspended by the following vote, Roy L. Self B. G. Moffett R. R. Rambo N. C. Beck N. B. Marriott..<� The above Grdinance was passed by the following votes Roy L. Self B. G. Moffett R. R. R. Rambo N. C. Beck N. B. Marriott�i/ 1795