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Home My WebLink About02634 ORD - 11/08/1949AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEIAS MEXICAN RAILWAY COMPANY FOR A RIGHT -OF -WAY FOR -A 6 INCH SANITARY SENER PIPE LINE UNDER THE RAILWAY RIGHT -OF -WAY HEMMING FROM A -POINT SOUTH OF BILL FIELDERS SALES CO. AND EEMM- ING WESTWARD. ON AND ALONG THE NORTHERN ED(� OF SAID RAILWAY RIOT -OF -WAY TO A POINT SOUTH OF SNIFF -TRAIN COMPANY; AND DECLARING AN EMERGENCY. BE IT ORDAINKD BY THE CITY COUNCIL OF THE CITY OF CGRFCS CHRISTI, TELU: 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 sanitary sewer pipe line under the railway right- ef-way extending from a Point south of Bill Fielders Sales Co. and extending weetward an and along the northern edge of said railway right- of-way to a point south of Ssiff- Train Company in the City of Corpus Christi, Texas, a copy of said contract being attached hereto and made a part hereof for all pertinent purposes. W THE STATE OF TEXAS, 4 X COUNTY OF NOECE.S. p . THIS AGREEMENT Entered into by and between The Texas Mexican Railway, a Texas corporation domiciled in Webb County, Texas, hereinafter referred to as Licensor, and the City of Corpus Christi, a municipal corporation domiciled in Nueces County, Texas, hereinafter referred to as Licensee, witnesseth: 1. That for and in consideration of the payment by the Licensee to the Licensor attL, the /latter's o`ffi in Laredo, Webb County, Texas, of the sun of -- a.m.RUr- =a- �vaaea� the said Licensor does hereby grant permission, and the said Licensee does hereby accept the said permission, for Licensee to maintain, operate, repair, and use a six -inch sanitary sewerage pipe line along and across the following right of way or other grounds, all owned, leased or controlled by the Licensor in the City of Corpus Christi of Nueces County, Texas: Said pipe line is to be run along the line in yellow on the attached blue print, and such blue print is attached hereto and made a part hereof. It is intended that the permission hereunder shall include the right by Licensee to make service connections to said pipe line necessary for servicing adjoining property. 2. Licensee shall use said pipe line for sewerage purposes, and said pipe line shall at all times be laid at a depth of at least 48 inches from the top of pipe to the surface of the ground at all points, and shall be laid and maintained at all times so as not to intsrfe4 with any railroad track, drainage, buildings, operation or other improvements of Licensor. 3. Licensee agrees to indemnify and save harmless the Licensor from all claims, demands, damages, causes of action and expenses, including attorneys' fees and Court costs to which it may be subject, or which it may have to pay or suffer by reason of any interruption of railroad service caused by or as the result of the maintaining, operating, repairing and using or removing of said pipe line, or by reason of any injury to any repair men or other persons or to property, or by reason of lose of life or property, suffered or sustained by any persons whomsoever while performing or about to perform any work or service whatsoever in connection with or while any such persons or property are at or near said pipe line. - 4. The term of this agreement shall commence with the 1st day of October, 1949, and shall continue thereafter subject to the covenants and conditions hereof. This agreement may be concluded at the expiration of 30 ( days following the serving by either party on the other of written notice of — 2 — intention to terminate the term hereof. Any notice by Licensor shall be deemed nerved when posted eonspicously on said pipe line, or when deposited, postage prepaid, in the United States mail, addressed to Licensee at Corpus Christi, Texas. At the termination of this agreement by,either party, Licensee shall then promptly remove said pipe line and all appurtenances and restore the premises. Any of said pipe line or appurtenances not so removed, shall, at the election of Licensor, without notice, be deemed abandoned. 5. The covenants and conditions herein shall inure to or bind each party's legal representatives, successors and assigns; provided no right of Licensee hereunder shall be transferred or assigned except by written consent of Licensor. 6. In maintaining„ operating, repairing, using or removing a& d pipe line and any appurtenances thereto, Licensee shall conform to the requirements of Licensor as well as the requirements of any applicable rule or regulation or State, Federal or Municipal authority., 6 SIGNED In duplicate on this /(`T+: day of 1949- ATTEST: -- - Secret ry, ATTEST: City Secretary. THE TEXAS MEXICAN RAILWAY COMPANY W. C. Seaman, Vice President, LICENSOR. CITY OF CORPUS CHRISTI Mayors LICENSEE. SECTION 2. It is further provided that the sum of One Dollar (;1.00) be paid said Texas Mexican Railway Campagy for aforesaid right - of -weyy, said sum to be paid out of No. 109 Sewer Fund. SECTION 3. The necessity for providing adequate right -of -ways for the placing of sanitary sewer lima withinthe 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- nance be passed 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 3 day of November, A. D. 19W. EST: City Secretary APPROVED AS T LEGAL .City of Corpus Christi, Texas FORM: a oraey Corpus Christi, Texas "7l 6J. K , 1949 TO TB•E IMBEBS OF THE CITY COOHCIL Corpus Christi, Texas Gentlemen, For the reasons set forth in the emergency clause of the fore- going 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 present meeting of the City Council. Bespe otf ally, City of Corpus Christi, Texas The Charter rule was suspended by the following vote, Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the follwing votes Leslie Wasserman Jack De Forrest Barney Cott Sydney E. Herndon George L. Lawman � 044 ED -,, I I itP i m - -- _ i