HomeMy WebLinkAbout01805 ORD - 06/05/1945AN ORDINANCE
GRANTING TO GUY A. THOMPSON TRUSTEE,
SAN ANTONIO, UVALDE & GULF AAILROAD
COMPANY, DEBTOR, THE RIGHT, PRIVILEGE
AND FRANCHISE TO CONSTRUCT MAINTAIN
AND OPERATE A SPUR TRACK OVER AND ACROSS
COMANCHE STREET WITH THE PRIVILEGE OF
OPERATING ITS ENGINES AND CARS UPON SAID
SPUR TRACK; PRESCRIBING THE CONDITIONS
ON WHICH SUCH RIGHT AND PRIVILEGE IS
GRANTED; AND DECLARING 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
franchise be, and the same is hereby, granted to Guy A. Thompson,
Trustee, San Antonio, Uvalde & Gulf Railroad Company, Debtor,
owning and operating a line of railroad into the City of Corpus
Christi, to build, construct, own and operate for a period terminat-
ing June 14, 1963, a spur track upon, along, over and across
Comanche Street, the center line of said spur track being described
as follows, to -wit:
Commencing at a point in the North line of
Comanche Street - said point being approximately
378 feet east of the intersection of the North
line of Comanche Street and the East line of
Palm Drive; thence on a curve to the right, in
• Southerly direction across Comanche Street to
• point in the South line of said street said
point being approximately 37 feet East of the
Northeast corner of the Rose Hill Cemetery,
all as appears on a print attached hereto, marked °Exhibit A", and
made a part hereof for all purposes.
SECTION 2. The rights, privileges and franchise granted
herein are granted for the purpose of making and operating railway
connection and switch privileges to the owners and users of industriall
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 3. 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, insofar as may
be necessary to conform to the present or future grade of Comanche
Street, and the grantee agrees that if, in the future, the grade of
such spur track and roadbed therefor is so changed it will recon-
struct said crossing as provided for herein at his 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 conditions and a breach of any
of said conditions shalt be ground for forfeiture of the rights and !,
privileges herein granted and the City of Corpus Christi may revoke;
said rights and privileges at any time for the failure of the said
i
grantee to fulfill the following conditions;
(a) The grantee shall, in the construction and maintenarxbe
of said track, at all times, at his own cost and expense, install
and maintain the necessary crossing for said track in a smooth, sat -1
isfactory condition and that said crossing and the manner of install
Ing the same and the material used shall be in keeping with the in-
structions from the City Engineer's Department of the City of Corpus]
Christi in regard to the same, and the said grantee, both in the
i
construction and maintenance of said spur track and said crossing,
shall construct and maintain the same in such manner as to inter-
fere as little as possible with the travel over and along said
street.
(b) The I
grantee shall be required to provide flagmen
at said crossing when switching is being done across said Comanche
Street.
(c) Grantee shall not switch more than necessary to
keep Its industrial users supplied with adequate cars and to remove
the cars that might be loaded and /or unloaded by such industrial
users. In case Grantor shall deem that Grantee is switching more
than necessary across the said crossing it shall notify Grantee of
such fact and Grantee shall thereupon cease such excessive use of
the crossing or shall prove to Grantor that the switching done is
necessary for the proper service of such industrial users.
(d) Grantee shall, when notified in writing that
Grantors City Council has deemed the same necessary for the pro-
tection of traffic, install at its own expense an electric traffic
warning signal at said crossing, said electric traffic signal to
be of the standard magnetic type.
SECTION 5. The Grantee shall file its written acceptance
of this grant and Ordinance within ten (10) days after the passage
thereof.
SECTION 6. The right to construct, maintain and operatq
said spur track shall exist for a period ending June 14, 1963, sub-
ject to the conditions of this ordinance. It is agreed that upon
the expiration of said term, the City of Corpus Christi may at its
option require grantee to remove said track under the supervision
and direction of the City Engineer and to replace the street in
such condition and repair as may be determined and ordered by the
City Engineer, all of which is to be at the expense of said Grantee .j
i
SECTION 7. The Grantee shall pay as adequate considers 1
tion for this franchise the sum of Twenty -five and no/100 ($25.00)
i
Dollars upon acceptance hereof, and shall annually hereafter pay thei
sum of Ten and no /100 ($10.00) Dollars to said City, and if said I
grantee shall fail or refuse to pay said annual rental, or to comply1
with any of the other conditions hereof, the grantor may forfeit
this franchise after judicial ascertainment of the default.
SECTION B. Said Grantee shall also construct and main-
tain at its own proper costs and expense all culverts, ditches, and
drains which may be necessary by virtue of the construction of the
above described track over and above said portion of Comanche Stree$.
SECTION 9. Grantee by accepting this ordinance, binds
himself, his successors and assigns, lessees and licensees, to hold,
and save harmless the City of Corpus Christi from all liability,
cost and damage and expense (including reasonable attorneyts fees)
on account of the construction, maintenance and operation of said
track, and the operation of trains, engines and cars thereon and
thereover.
SECTION 10. That this ordinance shall be published
onosin 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 j
industrial users, and the further fact that industry in the City
of Corpus Christi will be greatly aided and the free flow of mer-
chandise 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 suspen-
sion of the Charter rule or requirement that no ordinance or resole
tion shall be passed finally on the date it is introduced, and that
such ordinance or resolution shall be read at three several meetingsi
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 ordi-
nance 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 t s J�!6 -"ay of Y ✓L '.,
A. D., 1945.
Mayor, Ct�& of Corpus C sti, Texas.
ATTEST: _
City secretary.
APPROVED AS TO LEGAL FORM:
�Ac y Attorney.
Corpus hristi, Texas,
19 -5
TO THE MEMBERS 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 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 and pass this Ordinance finally on the date it is intro
duced, or at the present meeting of the City Council.
Reapectfu]ly,
yor, ty of Corpus Christi, Texas;
The Charter rule was suspended by the following vote:
Roy L. Self
B. G. Moffett O� /( ,
R. R. Rambo
N. C. Beck _tt
N. B. Marriott �
The above Ordinance was passed by the following vote:
Roy L. Self
B. G. Moffett
R. R. Rambo
A. C. Beek
N. B. Marriott
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M /SSOURI PACIFIC LIMES
S.A. U.f G.R R.
i PFOposed Track across Commanche
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CORPUS CHRISTI TEX.
Offmo of ChwO fngr, Hotaf —,Tex-
M' May 18, /945 Scal.. r - 100'