HomeMy WebLinkAbout02519 ORD - 05/10/1949AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH
THE TEXAS MEXICAN RAILWAY COMPANY
FOR A RIGRT -0F -WAY FOR A 6 INCH
SANITARY SEWER LINE CROSSING THE
RAILWAY RIGHT -OF -WAY AT APPROZDSATE-
LY 200, WEST OF MILE POST 160, NUE0E9
COUNTY, TEXAS; AND DECLARING AN
EMERGENCY.
BE IT ORDAISED BY THE 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 Mexican Railway Company for the right to lay, maintain, operate
and repair a 6 inch sewer pipe line under the right -of -ray of said
railway company at approximately 200 feet west of Mile post 160, Nueces
County, Tome, in the City of Corpse Christi, a Copy of said contract being
attached hereto and made a part hereof for all pertinent purposes.
a5 1q
T. M ` Eu
THE TEXAS MEXICAN RAILWAY COMPANY
THE STATE OF TEXAS. -
COUNTY OF WEBB
In consideration of ------------- and W01100_ 010,00) Dollars paid by
_ Citg of_ p_ 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,
a- ____6..... nch sewer pipe line crossing under the right of way of said Railway Company, as here-
inafter stated.
Said fan -sewer pipe line shall be enclosed in a separate casing extending forty feet from
track center line in both directions and shall be laid at a depth of at least four feet from base of rail.
Said pipe line crossing is located at about--200 .... f,,t_, West -of Mile Post No._ 160 --------
------ Nueces ----- -- -- -- 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__________
___City of Ccrnus Christi ------- hall 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
caused 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.. 29th_day of
- -- -April---- - - - - --
Witness: THE TEXAS MEXICAN RAILWAY COMPANY,
----------------------------------------- By__' r !- - -- --------------------
0ox . Vice Pres.
-- ------- -- ------------- - - -- -- 1. CITY OF CORPUS CHRISTI
0 By ------------------
SECTION 2. It is further provided that the am of Ten Dollars
(310.00) be paid said Tema Mexican Railway Compary for aforesaid right -
of -way, said e® to be paid out of Sanitary Sewer Improvement Bonds 1948
Cbnatraotion Fund.
Section 3. The necessity for providing adequate right -of -ways
for the placing of sanitary sewer lima within the City creates a public
eaergency and publ.ie imperative necessity requiring the suspension of the
Charter rule that no ordinance or resolution shall be passed finally on
the date is 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 smergency 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 fall force and effect from and after its passage, IT IS ACCORD-
INGLY So ORDAINED.
PASSED AND APPROVED this If dap of May, A. D. 1949.
ATTEST:
Mayor
�j City of Corpus Christi, Tersa
City Secretary
APPROVED AS TO LEGAL FORM:
l
'City Attorn
Corpus Christi, Tans
May _ L () , 1949
TO Tic MBMBBRS OF TER CITY COUNCIL
Corpus Christi, Tessa
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; 1, therefore, hereby request that you suspend said Charter
role or requirement and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Mayor
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
1C_
Jack DeForrest
Harney Cott
GkQ
Sydney E. Herndon
George L. Lowman
d4 u
The above ordinance was passed by the following vote:
Leslie Wasserman _ 24'1
Jack DeForreat Q,a
Barney Cott � rhig
Sydney S. Herndon Gam
�_ _
George L. Lowman
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