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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 a v� V �h � +cVryJ, t / i l ` if Yfb7iCr Mbiq �, r i q ! y � M /SSOURI PACIFIC LIMES S.A. U.f G.R R. i PFOposed Track across Commanche /E f6bei� ai -oG.c, AT CORPUS CHRISTI TEX. Offmo of ChwO fngr, Hotaf —,Tex- M' May 18, /945 Scal.. r - 100'