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Home My WebLink About02520 ORD - 05/10/1949AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR A RIGHT -OF -WAY FOR A d INCH WATER LINE GROSSING THE RAILWAY RIGHT -OF -WAY AT APPROXIMATELY 1350 FEET EAST OF MILE POST 159, NUECES COUNTY, TEXAS; 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 8 inch water pipe line uAder the right -of -way of said railway company at approximately 1350 feet east of Mile post 159, Nueces County, Texas, in the City of Corpus Christi, a copy of said contract being attached hereto and made a part hereof for all pertinent purposes, �C' T. M. El THE TEXAS MEXICAN RAILWAY COMPANY THE STATE OF TEXAS, COUNTY OF GG'EBB r i In consideration of ------ Ten and na %100 ($10.00) -- - -- - - - -_ _— - -- - - -- — - _--- - - - - -- Dollars paid by -------- CLtY_of Corpus _Chri_tl - - - -- - - -- -- ---------------- ___to The Texas Mexican Railway Company, the receipt of which is hereby acknowledged, The Texas Mexican Railway Company aforesaid does hereby grant to_ C yt Y _ of _ (� orpu,s_ Chr± s t-1. 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, an _eight_- inch_ 27atol'____pipe line crossing under the right of way of said Railway Company, as here- inafter stated. Said-57--water ...... 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__I2 r_q __ _feet? 0.5t ------- of Mile Post > j. _ _ ..... i i?iOCes_ -------------- 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-Corpus- 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 caused by or as the result of the laying, maintaining, operating or renairing 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 ------------ n4g_. / Witness: - THE TE,;X,AA��JJSSS MEXICAN RAILWAY COMPANY, ------- ----- - - - - -- By �y'!/�`____'_i_iiiv'`. ()[�aitah>IlZwSSgr&�. Vice Pres. --------------------------------------- CITY OF COR ?US CHRISTI By--------------- i I: li 1 I TC,'C.,'9E,C..e.,C'. � � 8fomfo %FasfEc9egr/'ovemeq•f�� i -AS ME,t /Cr N k _ -�_ _ - �_ I ,1/O TES P,P OPOSE� B GYA7 F_�? MA /N ACHE' 0 55 7TEXl-i S MEX ICAN 1'.41L P014D O1eO1OER7-Y SIT 1'1WY4 4 & OLD ,POt5STOWN 1CD. 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 Water Improvement Bonds 1948 Construction Funds. SECTION 3. The necessity for providing adequate right -of -ways for the placing of water 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 ordinance 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 ACCORDINGLY FO ORDAINED. PASSED AND APPROVED this %C day of May, A.D. 1949. ATTEST; ,. Mayor City of Corpus Christi, Texas City Secretary APPROVED AS TO LEGAL FORM. City QttornV,- Corpus Christi, Texas May 1 u , 1949 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergeiy 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 meeting 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, HAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest i= Barney Cott Sydney Herndon George L. Lowman "'J The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney Herndon George L. Lowman a4la CD"A f"4 a4 IL