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HomeMy WebLinkAbout02436 ORD - 12/28/1948AN ORDINANCE ACTHOMING AND DIRECTING THE CITY 7.M GER TO ES.ECCTE A CONTRACT WITH THE TEAS MESICAN RATTWA4 0012PARY FOR A RIGHT- OF -WAY FOR A 15 INGH -- SE7d5R T.TRIIU` GROSSING THE RAILWAY RIGHT-OF-WAY ON THE WEST SIDE OF FLOBES STREETS AND DECLARING AN E44 UNCY. BE IT CRDAINED BY TDB CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. That the City Manager is hereby authorised and directed for and on behalf of the City to execute a contract with The Texas Maxioan Railway Company for the right to lay, maintain, operate and repair a 15 inoh sewer pipe line under the right -of -way of said railway company on the west side of Flores. Street in the City of Corpus Christi, a copy of said contract being attached hereto and made a part hereof for all pertinent purposes. '9! "( f` T. N. U THE TEXAS MEXICAN RAILWAY COMPANY THE STATE OF TEXAS, COUNTY OF WEBB I} In consideration of___ _Dollars paid by ________Citg_.nP_Ss�^T'++•a _4^ar1gL$�, 'S'B8di8___- ______ -_to The Tesae Meatean Rahway Company, the receipt of which is hereby aelreowiedged, The Team Mexican Bellway Company aforesaid does hereby grant to ---- _LIZ9t - COrous- Christi t_Tegas ----------------------------------------------- the right to bay, maintain, operate and repair for a term of one year, and thereafter, but subject to termi- nation at any time after the effective date of this contract upon sixty days written notice by either party, a___ _1,rt ---- lneh__&_ii9_t4lIS_pipe line crossing under the right of way of said Railway Company, as here- inafter stated. Wd_.1$- _-8.4H-Qr_pipe line shall be enclosed in a separate casing extending forty feet from track center line in both directions and -hell be laid at a depth of at least four feet from base of ran. seat aide of Flores Street in Cor?us Christi Said pipe line crossing is located at about! ___---- - -feet---_- -- - - -of Mile Post No.------ -- --- - -, --------- XUO ellL---- -- ----- - -- - -- County, Texas. It is hereby agreed that before any future changes shall be made in said pipe line crossing, a written permit shall be secured from said Railway Company. It is also agreed that in further consideration of the foregoing grant and privileges said__________ ------- _S1.LX_o2= _:.4��71:i_ 11�i1t:A;._aS21G88._ahan wen and sufficiently indemnify and save harm- less The Texas Mexican Railway Company from all cinim demands, damages, actions, costs and charges to which it may be subject or which it may havelto pay, by reason of any interruption of railroad service mused by or as the result of the laying, maintaining, operating or repairing of said pipe line, or by reason of any injury to any repair men or other persons or to property, or by reason of loss of life or property, suffered or sustained by any persons whomsoever while performing or about to perform any work or service in connection with or while any such persons or property are at or near said pipe line. In witness whereof we have caused this instrument to be emeented in duplicate this__ 1?day of ----------- 19 AA. Witness THE TEBAs wmCAN RAILWAY COMPANY, ---------- ----- -- ---- ------ - - - - -- - — - -- V3oe area. ------------- - - - - -- CITY OF CON-US CIIRD I, T--IAS SECTION 2. It is further provided that the sun of Ten Dollars (010.00) be paid said Texas Mexican Railway Company for aforesaid right- of-way. said sum to be paid out of Sanitary Sewer Improvement Bonds 1910 Construotion Fund. SECTION 3. The neoessity for providing adequate right -of -ways for the plaoing of Sanitary sewer lima within the City Orestes a publio emergency and publio imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution sbell be passed finally on the date it is introduced end that such ordinanoe or resolution shall be read at three several meetings of the City Council, and the Mayor having deolared that suoh publio emergency and imperative necessity exist, and having requested that suoh Charter rule be suspended, and that this ordi- nance be passed finally on the date of its introduation and take effoot and be in full foroe and effoot from and after its passage, IT IS ACCORD- INGLY SO ORDAINED. PASSED AND APPROVED this_?,Lday of December, A. D. 1948. 0 City of Corpus Christi, Taxes Corpus Christi, Texas Deoember,V 1918 TO THE UMMERH OF THE CITY COUNCIL Corpus Christi, Teals Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinanoe or resolution shall be passed finally on the date it is introduoed, and that sash ordinanoe or resolution shall be read at three 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 of the City Council. Respectfully, H City of Corpus Christi, Texas The Charter rule was suspended by the following vote: 1Yesley E. Seals George R. Clark, Jr.1e� John A. Ferris _ R. R. Henry Joe T. Dawson The above ordinance was passed by the following votes Wesley F. Seale George R. Clark, Jr. John A. Ferris =� R. H. Henry Joe T. Dawson 2q 3(p