HomeMy WebLinkAbout02396 ORD - 10/26/1948tP ,
AN ORDINANCE
GRANTING TO TEE TEXAS kw:10AN RAIIa3AY COMPANY
TEE RIGHT, PRrvmeeE AND FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE AN INDUSTRIAL RAILROAD SPUR
TRACK UPON AND ACROSS A PORTION OF NORTE STAPLES
STREET AT APPRO%1laTELY THE Cli1•iTER OF THE BLOCK
MIME =KEY AVENUE AND ITUSSETT STREET IN THE
CITY OF CORPUS OSRISTI. TEXAS,
BE IT ORDAINED BY TEE 0ITY COUNCIL OF THE CITY OF CORPUS C.IHRISTI,
SECTION 1. The right -o£ -way, privilege, easement and franchise
is hereby granted to the Texas I.Texioan Railway Compagv, a Corporation,
owning and operating a lino of railroad into and in the City of Corpus
Christi, to build, conatruot, maintain and operate for a period of five
(5) years from and after the passage of this Ordir„nco, a spur track in,
upon and across North Staples Street at approximately the middlo of the
block of said North Staples Street between Kinney Avenue and 14ussett
Street as set out in the plan of said spur track on file in the office of
the Director of Publio forks, reference to such plan is hereby made for a
morn oomplete description of the location of said traok.
SECTION 2. The rights, privileges and franchise herein granted
shall automatically cease when and in the event other railroad tracks are
removed from North Staples Street in order to open North Staples Street
into a major thoroughfare, and the Texas Lloxioan Railway Company agrees by
the acooptanoe of this franohise to remove the tracks to be constructed by
virtue of this franohise when notified by the City in writing that the other
railroad tracks on North Staples Street have been romovod or are in tha
process of being removed. In the event said tracks are not removed from
North Staples Street, then this franchise is to be for a period of five (5)
years from the passage of this Ordinance as set out in Section 1 of this
ordinance.
SECTION 3. The rights, privileges and franohise herein granted
are granted for the purpose of reaching and affording railway connections
and switch privileges to the Central l(har£ and Warehouse Company, end, in
the opinion of the City Council, the said grant of suoh rights or privileges
is expedient, necessary and advisable.
SECTION 14. That said spur track shall be constructed as far as
grade, alignment and drainage is concerned only after approval in writing
of suoh grade, alignment and drainage proposed to be made is received from
the Director of Publio Works of the City of Corpus Christi, and the Texas
Mexican Railway Company agrees to construct said spur track in aocordanoe
with requirements as to grade, alignment and drainage ea may be made by the
Director of Public .forks. The City of Corpus Christi reserves unto itself
tho right at all times to regulate the grade, alignmont and drainage of
said spur track and road bed therefor.
S'E'CTION 5. The Texas Mexican Railway Company shall in the con-
struction and maintenance of said tracks, at all times, at its own cost
and expense, restore said portion of North Staples Street to as ood con-
dition as same was in at the time of construction, so as to interfere as
little as possible with travel over and along said street, and shall there-
after maintain and keep said portion of said street upon which said track
is constructed, at its own expense, in such oondition as to interfere as
little as practicable with ordinary travel.
SECTION 6. The Texas Mozioan Railway Company shall file its
written acceptance of this grant and ordinance within. ton (10) days of
the passage thereof.
StCT10id 7. Upon the termination of the five (5) year period of
this franchise, all rights and property of grantee therein shall become
the property of the City of Corpus Christi in aaoordance with Section 17,
Article II of tho City Charter of the City of Corpus Christi, Texas.
SECTION 8. The Grantee herein, the Texas Mexican Railway Company,
shall promptly execute and conform to all ordinances, rulers and regulations
of the City of Corpus Christi in so far as same apply to the use of said
streets above mentioned, and any and all things incident to the rights eon -
ve ed in this franchise.
SECTION 9. The Texas Leri.oan Railway Company shall pay as ade-
quate consideration for this franchise the sum of Fivo Dollars (95.00) upon
acceptance hereof, and shall annually thereafter pay the sum of Five Dollars
(05.00) to said City, during the term of this franchise, and if the said
grantee, the Texas iaezfoan Railway Company, shall fail or refuse to pay said
annual rental, or to comply with any of the conditions hereof, the grantor
may forfeit this franchise by action of the City Counoil.
The foregoing Ordiuoaoe was read the first time and passed to
the second reading on the / day of October, 19118, by the following
vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The foregoing Ordinance was read the second tine and passed
to the third reading on the /7 day of October, 1918, by the following
vote:
Wesley E. Seale
George R. Clark, Jr. �.
John A. Ferris
R. R. .Hoary Z
Joe T. Dawson
The foregoing Ordinance was read th third tine and passed and
ordered approved by the Liayor, on the „n, day of October, 19140, by the
following vote,
ATTEST:
.;esley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry.
Joe T. Dawson
AFRO ry thine day of October, 19
OR
City of Corpus Christi, Texas
AN hl$Dn1ARCS HC. 2396
EMT= TO TH3 TEXAS =NAN RUNWAY COMM
TUB RIGHT. PRIVII$OS AND FRANCHISE TO CONSTRUCT,
SAINTS/N, AND OPMRAMS AN 1W TRIAL RA NORD SPUR
TRACK MON AID ACRD ABORTION OP WORTH SPAPISS
STREW AT AllarnY THE CENTER OF THE MOCK
mirraNNN lagrarr AVENUE AND MOM STREET IR TER
CITY or COWES CHRISTI, TEXAS.
RS 12 =ADSD SY' TES CITY' COUNCIL OF THE crrr OF CORPUS CRRI5T2,
=Ws
s$LTION 1. The right -of .egy, privilege, easement and franchise io
hereby granted to the To Mexican Railway Company. a Corocratiom, owning
and operating a lino of railroad into and in the City of Corpus Christi, to
build, construct, maintain and operate for a period of five (5) years from
and after the passage of this Ordinance, a spur track in, upon and across
North Staples Street at approximately the middle of tho block of said North
Staples Street between Kinney Avenue and )issatt Street as set out in the
plan of said spur track on file in the office of the Director of Public
Works, reference to such plan is hereby made for a more complete descrip-
tion of the /poetics of said track.
maim 2. The rights, privileges and franchise herein granted
shall automatically cease when and in the event other railroad tracks are
removed from North Staple. Street in order to an North Staples Street
into a major thoroughfare, and the Texas 1exican Railway Company agrees
by the acceptance of thin franchise to remove the tracks to be constructed
by virtue of this franchise when notified by the City in writing that the
other railroad traeka on North Staples Street have been removed or are in
the process of being removed. In the event said tracks are not removed
from Worth Staples Street, than this franchise is to bs for 8 period of
five (5) years from the passage of this Ordinance as sat out in section 1
of this ordinance.
SECT= 3. The rights, Privileges and franchise herein granted
are granted for the purpose of reaching and affording railway oanmotions
and snitch privileges to the Central Wharf end Warehonse Company, and. in
the °pinisn of the City Connell, the said grant of such rights or privt.
(loges is expedient, necessary and advisable.
SECTION 4. That said spur track shall be cceetrauted as far as
grads. 4144Pv°n4 and drainage is concerned only after approval is writing
of acoh grads, alignment and drainage PTOp0B8d to be nude is received fry
the Director of Public Works of the City of Corpna Christi., and the Texaco
Mexican Balm Cow agrees to conetraot said spar track In accordance
with requirements as to grade, alignment and drainage as may be made by
the Director of Public works. The City of Corps Christi reserver) unto
itself the right at all Berea to regulate the grade, aliment and drainage
of said spur track and road bed therefor.
=TIM 5. Thu Texas Maxi _ Railway Cemperp shall in the con -
atruotion and maintenance of said tracks, at all times, at its own coat
and expense, restore said portion of North Staples Street to as good con
dition as sate was in at the time of construction, so as to interfere as
little as possible with travel over and along said street, and shall there-
after maintain and keep said portion of said street upon which said track
is constructed, at its own expense, in such condition as to interfere ea
little as practicable with ordinary travel.
56CTIor 6. The Terre Menloan Rai/way Cmpnry shall file its
written acceptance of this grant and ordinance within ten (10) days of
the passage thereof.
=non 7. Upon the termination of the five (5) year period of
this franchise, all rights sad property of grantee therein shall become
the Property of the City of Corte Christi in accordance with Section 17,
Article II of the City Charter of the City of Corpus Christi, Texas.
SECTION 8. The Grantee herein, the Texas Mexican Railway Comps y,
shall Promptly execute and conform to all ordinances, mice and regulations
of the City of Corpus Christi in so far as same apply to the use of said
streets above mentioned, and any and all things incident to the rights con.
voyed in this franchise.
°..8f7TDDI 9. The Tease Mexican Railway Company shall pay as adequate
consideration for this franchise the cam of Five DolLrs (5.00) an acme-
tams hereof, and shall annually thereafter pay the sum of VIVO Dollars
($5.00) to said City, during the term of thls franchise, and if the maid
grantee, the Tease Mexican Railway Company, shall fail or refuse to pay said
mamma rental, or to aonp]yr with any of the conditions hereof, the greater
may forfeit this franebiae by action of the City Coaaaii.
The foregoing °re1na= ass read the first time and pastel to
the s000nd reading on the 12th day of October, 1448, by the following
whet
Whaley E. Seale
George R. Clark,Jr..,u
John A. Forrin
R. R. Henry -�
Joe T. Damson Ate_
The forgoing Ordinance was read the second time and passed to
the third reading on the 19th day of October, 1948, by the following
vote:
',belay E. Seale
George R. C1ar4 Jr. Ann
John A. Ferris Al
R. R. aaory
Joe T. Dawson Aee
The foregoing Ordinance wan read the third time and passed and
ordered approved by the Mayor, on the 26th day of Ootober, 1943, by the
following vote,
Wesley E. Seale
George R. Clark,Jr. Ava
John A. Ferris
R. R. Henry ..,�.
Joe T. Dawson
APPROVED this 26th day of October, 1948.
/e/ Weelsv:E. Beale
mina
City of Corpaa Christi, Tessa
AT EsT:
In/ L A. Care. Jr
City secretary
APPQPED A8 TO LE= FORM
La/ T9lt mye s"
ai�yalty
Al J. p. Ratharrn,.
Assistant City Attorzery.
AN ORDINANCE NO. 2396
=TM TO THE TEAS MX= RAIINAT COMPACT
THE a n r. PRIVINION AND FRANCE= TO OCUSTRUCT,
MAT TAID, AND GATE AN INDUSTRIAL RAILROAD SPQR
TRACK UPON AND ACROSS A PORTION OF NORTH STAPESS
STREET AT APPROMOMINVZ THN OMER OF THE MACK
=WIN =EY MIOE AND HUSS= STRF.NT IH THE
CITY CEP MOOMJS CRRISTI, TEXAS.
H3 IT MAI= Elf TEN CITY =CECIL OF TOE CITY OF CORPUS CHRISTI,
TEAS:
seCTION 1. The right.of —., Privilege, east and fsaaahise io
hereby granted to the Twos Smoican RailNay Company, a Corporation, mining
and operating a line of railroad into and in the City of Corpae Christi, to
build. construct maintain and operate fora period of five (5) yearn from
and after the peonage of this Ordinance, a spar track in. open end across
Borth Staples Street at approximately the middle of tho block of Said North
Staples Street batsman Kinney Avenue and %watt Street as set out in the
plan of amid spar track an filo in the office of the Director of Public
Works, reference to such plan is hereby made for a more complete descrip-
tion of the location of said track.
SECPIOS 2. The rights. privileges and franchise heroin granted
abed automatically caesarean and in the event other railroad tracks ere
removed from Worth Staples Street in order to open Borth Staples street
into a major thoroughfare, and the Terre Maxi= Renew Company agrees
by the acceptanos of this franchise to remove the tracks to be comatrncted
by virtue of this franchise when notified by the City in waiting that the
other railroad tracks on Worth Staples Street have been rived or are in
the process of being removed. In the event amid track; are not remsved
from North Staple Street. than tats franchise Is to bo fora period of
five (5) years from the passage of this Ordinance au set out in Section i
of this ordinance.
SNCrXON 3. The rights, privileges and french-lee herein granted
are granted for the purpose of reaching and affording railyay canmobions
and switch privileges to the Central Wharf end llerehonon Company, and, in
the opinion of the, City Coaeeil, the said grant of such rights or privi-
leges is expedient. necessary and advisable.
SECTION 4. That said spur track shall be constructed as far as
grade,' 431rgsmao►! and drainage is concerned only after approval intuiting
of such grade, aligrdment and drainage proms Lobe made is received from
the motor of Public Works of the city or Corpus Christi, and the Texas
hies Coen Aside Company agrees to am:street said span track is accedence
with recordsemnsate ea to grade, alignment and drayage es may be made by
the Director of Public Worke. The City of Corpus Christi reserves unto
itself the right at all time to regulate the grade, align„n..t and drainage
of maid sum creak and road be thorefar.
SEM= 5. The Teeaa aerie= RailirIr comp shall, in the cos.
stmuction and maintenance of said tracks, at all times, at its otm cost
and expense, restore said porting of north Staples Street to as good 00m.
dition as same was in at the time of construction, no as to interfere as
little as passible with travel aver and alp said street, and shall there-
after maintain and tress said portion of said street upon ahieh said track
is constructed, at its awn expense, in such condition an to interfere as
tittle no practicable with orctiaary travel.
SECT/0S6. The Tema dean Rafl.,ay Company shall, file its
written aoceptanee of this great and odinaneo within ten (10) days of
the passage thereof.
SECT/CM 7. Upon the termination of the five (5) year period of
this franchise, all rights and property of grsmtee therein shall become
the property of the City of Carpus Christi in accordance with Section 37.
Article u of the City Charter or the City of Corpus Christi, Texas.
SSCT/ON 8. The Grantee herein, the Texas Maimn Railway company,
shall promptly execute and conform to all ordinances, roles and ragelatiana
of the City of Corpse Christi in on far as ease :polite the sae of said
streets above mentioned, and any and all things incident to the rights con.
owed in this franchise.
SECTION 9. The Texas thsican Railway Cory shall pay as adequate
consideration for this franchise the sum of Five Do am (tf.00) upon wean..
tang hereof, and shall annually thereafter pay the sum of rive Dollars
($3.00) to said City, during the term of this franchise, and if the said
grantee, the Texas Mexican Railway Comp, shall fail or refuse to pay said
animal rental, or to comply with any of the conditions hereof, the grantor
may forfeit this franchise by action of the City Colgail.
The foregoing trellmnee teas read the first time and passed to
the second reading on the 12th day of Ootober. 1948. by the following
octet
teeter E. Seale
Gearge R. Criss, Jr. ._
John A. Ferris
24 R. Benny
Joe T. Dawson ...kn.
The foregoing Ordiaayoe was read the accord time and passed to
the third reading on the 19th day of October, 1948, by the follaaing
vote:
ieslsy E. Seale
George R. Cier$ Jr. Ave
John A. Ferris .
R. R. Henry
Joe T. Damon .
The foregoing Ordinance was road the third time and passed and
ordered appr vnd by the !tyor, on the 26th day of October, 1943 by the
follaei.ng Vote;
Wesley E. Seale
OcorRO R. Clark, Jr.
John A. Ferris
& R. Henry
Joe T. Damon
APPROVED this 26th day or October, 1948.
/6/ Wearer g. Peale
MAYOR
tit' of Carona Christi, Tema
AT ROTC
/s/ PL A. Cage- Jr,
City Secretary
MEMO AS TO %FOAL FORM
la/ 233iss„
city Attorw
Ia J& P_ RnthnxMn..t
Assistant aitr Attorney
AN ORDINANCE NO. 2396
UMW TO= InialeaCANRAUWAYCOMEr
RIZ !Cal% PSIV = TO
MAINTAIN, AND OPERATE AN IR 8TRIAL RAII AD SPUR
MACH Effie AND AOES84 A rams= OF NOFZTSN STAPLES
STREET AT APPROSSIATSISTMS CORM OP TES BUCK
E94te 7 =or nom AUD meson arms IA T$E
CUT (. O 9P>S CHRISTI, TSSA2,
Ifi onarso sr TIE nar =on or TIE cry or Cffi PuN =Is i,
IFSSASs
SECTION 1. ri ofd, privilege, easement and franchise in
hereby granted to the Tams Ness an Railway Company, a Corloration, aAmioS
and operating a line of railroad into and in ths City of Corpus Christi, to
b,4ld. ocaatruet, maintain and ooarate fora period of five (5) were from
and after the passage of this Ordinance, a OPUr track in, upon and atrium
North Staples Street at approodostebr the middle of the brook of said North
Staples Street batman Kinney Avenue and nissatt Street as eat out in the
Plan of said spar track nor film in the office of the Director of Public
Works, refs enw to such plan is hereby in fora more complete dip.
tie of the location of said track.
SECTION 2. The riRhta, privileges and franchise herein granted
shall 8ut08at9...'r7 Deane when and in the event other railroad tracks aro
remrwed froaa North Stapp Street in order to open North Staples Street
into a =jar there, and the Tema o Raileay Company ads
by the aheeptmloa of this franchise to remove the trader 'baba amain-acted
by virtue of this frauchioe viten notified by the City in writing that the
other railroad tracks on North Staples Street have been removed or are in
the proems of being reed. Io the event said track are not rid
from north Staples street. then thin frau0 tae is to be for a period of
five (5) years Prase the psssagge of this Ordinance as eat out in Smitten 1
of this ordinance.
SinTIIJ 3. The righte, privileges and fry herein greeted
are granted for the purpose of reaahing and affording railing, connsetione
and snatch prirl3_gee to the Central Wharf and 6 /areheme Cam, and, in
the opinion of the it Comma, the said grant of such rights or pawl..
loges is expedient, necessary and advisable.
SECPION 4. That said epos track shall be constrtuded ea for ca
graft,. §litcartfgt and drama is oemoerned only after apprav 1 in writing
cor =On ate, of and drainage Arocased tabs nada is rens/md from
the Director of Public Werbe of the City of Cup= Christi, and the Tema
Sink= Reiner COMaegragrese to construct said spur track in acco dance
with raquirements as to grades alignment and drainage as maybe made by
the Di eotm. of Pablio Warta. The City of ateleee Christt nonereoa unto
itself the right at all time to regulate the grads. "l- �^ignment-
of said spar ttemk and road hod therefor.
scam 5. The T e ttetkell BOOM COM:WV shall 111 the case.•
straetian and raintonasee of sold tracks, at all time. at Sts can coot
and amaerme, restore said portion of North staples Street to as good can-
ditica ae aar8 Was to at the time of rionatruotion, $n as to intar%o ae
Little as possible With travel over and aloes said fit, and shall thane..
after =detain and keep said partial of said stmt upon which said track
ie constructed, at its own novena, in such condition se to interfere an
little an ro otiaable with orUnasy travel.
5 GrICC 6. The Snaps tkalan Ramp Company 9387l fiio its
written acceptance of this gaunt end ordinance within ten (le) days of
tire =raga thereof.
=ION 7. Upon the termination of the five (5) year period of
this franchise, all rights and property of grantee therein stall booms
the property of the City of Corms Christi in wearier= with Section 17,
Article ST of the City Charter ar the City of Corpus Christi, ids.
PI=N 8. The Grantee herein, the Tame toucan RailWav corny,
shall premetlS execute end =form to all Ordinances. rules and regulot4®m
of the City of Comae Christi in sa fares same apply to the use of said
streets above mentioned, and any and all thine tocidamt to than rights con.
veyed in this franchise.
mum 9. Tb® T®a Maximo 8011raW Cenene shall payee adequate
anad erntiari for this franchise the sum of Five DoUaro (115.00) upon scoop.
tome boroof, and sharp. annually thereafter pay the cam of Five Dollars
05.00) to said City, daring the termer this franchise, and if the said
grantee, the Duxes Modem Railway Cam, shell fait or memo to pap said
annual rental, or to X937 With ewer the conditions hereof', the tutor
may forfeit this fsamthiee by settee of too City Council.
w reed t8® first tine and iced to
the aeooad =ling on the 12th day of aateber, 1 ";, krthc tenoning
voter
s. see
merge R. C1erk.Jr.
Jelin A. Ferris
JaA T. Laerean
Tha rowsgoing orator= ,ras read the seccmd tips and Passed to
the third reading an the 19th day of Catcher, 1948, V the follming
vote:
Wesley E. Seale
merge R. Ciork, Jr. _„ha.
Jahn A. FerrU Ave
R. R. Reaag' —.AWL
Joe T. Dawson
MA foramina nrainace mss read t la third trap and mood and
sib tv the nano'. on the 26th cloy of natobar. 1914. by bba
So13ag vote,
S. Simla
amp R. 81044. ...kze_
John A. Perrin
R. R. Room
Joe T. Dawson
APPRO8ED this 26th day of October, 1948.
/R/ sue,o
nATOR
city of corona Christi, Texas
A119
/A/ I. A. CAPP. j .
Cit.q Sametoy
APPROMD AS TO I QAJ. pcmau
/./ t,,,e.. 0.raa
aa.?,y A ttaay
T. Y. 311
THE TEXAS MEXICAN RAILWAY COMPANY
R. R. FENNER,
VICE PRESIDENT
LAREDO, TEXAS,
November 9, 1948
Mr. J. P. Rutherford
Assistant City Attorney
Corpus Christi, Texas
Dear Sir:
This acknowledges receipt of your letter of
November 2 enclosing copy of Ordinance granting The Texas
Mexican Railway Company the right to lay a spur track
across North Staples Street in the City of Corpus Christi.
Complying with Section 6 of this ordinance, The
Texas Mexican Railway Company accepts this franchise for
a five year period and at the end of the five years, if
the franchise is not renewed for another period, the track
in North Staples Street will be taken out.
RRF:S
Your very truly,
Vice President
cc Mr. J. D. Dodson, Pres. -Gen. Counsel
The Texas Mexican Railway Co.
1822 Transit Tower
San Antonio, Texas
Mr. E. S. Joslin
c/o Central Power & Light Co.
120 N. Chaparral St.
Corpus Christi, Texas