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Home My WebLink About01799 ORD - 05/22/1945HT/ba 5 -3-45 AN ORDINANCE GRANTING TO THE TEXAS- L",EXICAN RAILWAY COMPANY THE RIGHT, PRIVILEGE AND FRAN- CHISE TO CONSTRUCT, MAINTAIN AND OPER- ATE A SPUR TRACK OVER AND ACROSS PORT AVENUE AT A POINT BEGINNING ON THE SOUTHEAST LINE OF PORT AVENUE, A DISTANCE OF SEVEN FT. SOUTHWEST OF THE INTERSECTION OF THE SOUTH LINE OF SOUTH SAN JUAN STREET WITH THE EAST LINE OF PORT AVENUE, THENCE, NORTH ACROSS PORT AVENUE A DISTANCE OF 199 FEET TO A POINT ON THE NORTHEAST LINE OF PORT AVENUE, WHICH POINT IS 20 FEET SOUTHWEST OF THE INTERSECTION OF THE SOUTH LINE OF NORTH SAN JUAN STREET WITH THE WEST LINE OF PORT AVENUE; WITH THE PRIVILEGE OF OPERATING ITS ENGINES AND CARS UPON SAID SPUR TRACK AND PRESCRIBING THE CONDITIONS ON WHICH SUCH RIGHT AVID PRIVILEGE IS GRANTED; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. The right -of -way, privilege, easement and fran- Ohio$ be, and the same is hereby, granted to the Texas 15axican Railway Company, a corporation, owning and operating a line of railroad into the City of Corpus Christi to build, construct, own, and operate for • period of Five (5) years from and after the passage of this Ordinance, • spur track upon, along, over and across said Port Avenue and property adjacent thereto at a point and location on said Port Avenue as follows, to-Witt BEGINNING on the southeast line of Port Avenue, a distance of seven feet southwest of the intersection of the south line of South San Juan Street with the east line of Port Avenue, THENCE, north across Port Avenue a distance of 199 feet to a point on the northeast line of Port Avenue, which point is 20 feet southwest of the intersection of the south line of North San Jusa Street with the west line of Port Avenue. 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 plants 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. 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- I4exican Railway Company agrees that if, in the future. the grade of such spur track and roadbed therefor is changed it will reconstruct said orossing as provided 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 Ly. The rights and privileges herein granted are granted upon the following express conditions and a breach of any of said condi- tions shall be ground for forfeiture of the rights and privileges herein granted and the City of Corpus Christi may revoke said rights and pri- vileges at any time for the failure of the said Texas- Maxioan Railway Company to fulfill the following conditions= (a) The Texas -!, ixican, Railway Company .shall, in the construc -- - - tion and maintenance of said track st all times, at its own cost and ex- panse, install and maintain the necessary crossing for said track on Port Avenue in a smooth, satisfactory condition said that said crossing and the manner of installing the same, sad the materials used, shall be in keeping with the instructions from the City Engineerts Department of the City of Corpus Christi, and the District Engineer of District No. 16, of the Texas State Highway Department in regard to the same, and the said Texas - Maxicare Railway Company, both in the construction and zvinten- once of said spur track and said crossing, shall construct sad maintain the same in such manner as to interfere as little as possible with the travel over and along said street. - 2 - (b) That said Texas- idexioan Railway Company shall be required to provide proper electric warning signals which shall warn the public of the approach of engines or oars over said track, said warning signals to be of the same or a better type of traffic warning signal as now in existence and use at the oWussing on Port Avenue between West Broadway and Alameda Street, Corpus Christi. Texas. (c) The Texas- Maxioan Railway Company shall be required to provide flagmen; in addition to the warning signal provided for herein - above in Section (b) at said crossing when switching is being done across said Fort Avenue. (d) Said Texas- 159xican Railway Company will not use said cross- ing for more than Two (2) switches per day over the said track but in this connection it is understood that said railway company might have occasion to use said crossing more than Two (2) time in One (1) day but the average switches across said crossing shall be Two (2) switches per day. (e) Said Texas= 11exican Railway Company agrees that when switch- ing is under way at the aforesaid crossing that at no time will it permit said switching to hold up or_delsy traffic for a period not to exceed Five (5) minutes at any one time SECTION 5. The Texas- MDxiean Railway Company shall file its written aoceptanoe of this grant and Ordinance within Ten (10) days after the passage hereof. SECTION b. 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. SECTION 7. The Texas- ;Sexican Railway Company shall pay as adequate consideration for this franchise, the sum of Twenty -Five Dollars ($25.00) upon acceptance hereof, and shall annually hereafter pay the sum of Ten Dollars (01O.DO) to said City, and if said grantee, the Texas - Ltxioan Railway Company, shall fail or refuse to pay said annual rental, or to comply with any of the other conditions hereof, the grantor may forfeit this franchise after judicial ascertainment of the default. 3 - SECTION B. Said Texas- Maxican Railway Company shall also construct and maintain at its own proper costs and expense all culverts, ditches, and drains which may be necessary by virtue of the construction of the above- dascribed tracks over and above said portion of Port Avenue. 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 out of this grant or by reason of the occupation and use of the right -of -way herein granted and also to pay all expenses that may be incident to the publication of this Ordinance as herein provided. SECTION 10. That this Ordinauca shall be published once (1) in the official newspaper of the City of Corpus Christi, Texas. SECTION 11. The fact that the welfare and growth of 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 for, 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 introduced, 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 publio 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 thisLday of May, A. D.. 1945. ATTEST i (7 / C, / ecru or,orpus Christi, ^ s L�dFPROM AS TO LEGAL FORM: k IL✓ Ac orney Corpus Christi, Texas i �jI R 1945 TO THE MWERS OF TBE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlemou3 For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and 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 Council; I. therefore, hereby request that you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is introduced, or at the present meeting dr the City Council. Respectfully, O rpuo u T e x a s The Charter rule was suspended by the following vote: _ Roy L. Self ,✓� -��. ' B. G. Moffett � ,717 - R. R. Rambof �. H. C: Beokti% ` H. 8. Marriott �r -�- The above Ordinance was passed 16y the following vote! Roy L. Self T B. G. Moffett R. R. Rambo H. C. Back H. B. Marriott ✓- 1799