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HomeMy WebLinkAbout02506 ORD - 04/26/1949AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR A RIGHT-OF-WAY FOR A 66 INCH STORM SEWER, PIPE LINE UNDER THE RAIIr WAY RIGHT -OFWAY ON THE EAST SIDE OF BLUNTZER STREET, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed for and on behalf of the City to execute a contract with The Texas Mexican Railway Company for the right to lay, maintain, operate and repair a 66 inch storm sewer pipe line under the right -o£ -way of said railroad company on the east side of Bluntzer Street in the City of Corpus Christi. Texasq a copy of said contract being attached here- to and made a part hereof for all pertinent purposes. s d . T. M, Sr THE TEXAS MEXICAN RAILWAY COMPANY THE STATE OF TEXAS, COUNTY OF WEBB 1} In consideration of --------- Ten and n0/100 (10.00) _ Dollars paid by --------- C1t7 of_ Corpus - -------------------- Christi to The Texas Mexican Railway Company, --------- the receipt of which is hereby acknowledged, The Texas Mexican Railway Company aforesaid does hereby grant to ........ City of Corpus_Christi____________ _ the right to lay, 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, Reinf. Concrete a 66 ------ inch------------ pipe line crossing under the right of way of said Railway Company, as here- inafter stated. 66 inch constructed as shown on attached Blue Said... 66-inch line shall be . Print and shall be laid at a depth of at least four feet from base of rail. on the East side of Bluntzer St. in Corpus Christi Said pipe line crossing is located atrakmah- exxca<erz .»<�r;>e gmt7xxzrzzr --------------- Nueges ------------ 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 ________Citg oP_ CorQus__Christi__ ____ shall well and sufficiently indemnify and save harm- less The Texas Mexican Railway Company from all claims, demands, damages, actions, costs and charges to which it may be subject or which it may have to 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 executed in duplicate this 21st day of -- - - - - -- April-- - - - - -- 1949. _ Witness: THE T MEXICAN RAILW Y COMPANY, '-- --g- -----. - General Mana Manager. ---------- -------- --- --- ---------- - --- -- - CITY OF CORPUS CHRISTI By------------------------------------------ - - - -- SECTION 2. It is further provided that the sum of Ten Dollars ($10,00) be paid said Texas Mexican Railway Company for aforesaid right- of-way, said sum to be paid out of Storm Sewer Improvement Bonds 1948 Construction Fund.. SECTION 3. The necessity for providing adequate right -of -ways for the placing of storm sewer lines within the City creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordi- Pence be aassed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORD- INGLY SO ORDAINED. PASSED AND APPROVED this 76 day of April, 194$ MAYOR CITY OF CCRFU3 C;I?ISTI,TE7CAS ATTEST: ity Secretary APPROVED AS TO LEGAL FORM: Cit3f Attor Corpus Christi, Texas April r194� TO THE tE1 PRS OF THE CITY COUNCIL Corous Christi, Texas 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 ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance 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 oresent meeting of the City Council. Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote. Leslie Wasserman Jack DeForrest _4 j,_ Barney Cott_ Sydney E. Herndon G4 George L. Lowman .mb The above ordinance was passed by the following vote; Leslie Wasserman Jack DeForrest Barney Cott C Q, Sydney E. Herndon George L. Lowman �50� z3j'Y") 12 e ,- '51 ele, f.