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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