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Home My WebLink About03280 ORD - 06/17/1952IMSINGER:GP 6/16/52 (5) AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LICENSE AGREEMENT WITH TEXAS MEXICAN RAILWAY GRANTING PERMISSION TO THE CITY TO MAIN- TAIN, OPERATE, REPAIR AND USE A SIX INCH SANITARY SEWERAGE PIPE LINE ALONG THE RAILWAY RIGHT OF WAY ALONG AGNES STREET AS SHOWN ON THE BLUEPR MT CON- TAINECFIN SAID AGREEMENT, FOR AND IN CONSIDERATION OF ONE ($1) DOLLAR, UNDER THE TERMS AND CONDITIONS OF SAID LICENSE AGREEMENT, A COPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED 6 AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LICENSE AGREEMENT WITH THE TEXAS MEXICAN RAILWAY, GRANTING PERMISSION TO THE CITY TO MAINTAIN, OPERATE, REPAIR AND USE A SIX INCH (6 °) SANITARY SEWERAGE PIPE LINE ALONG THE RAILWAY RIGHT OF WAY ALONG AGNES STREET AS SHOWN ON THE BLUEPRINT CONTAINED IN SAID AGREEMENT, FOR AND IN CONSIDERA- TION OF $1, UNDER THE TERMS AND CONDITIONS OF SAID LICENSE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE IMMEDIATE NEED OF PROVIDING FOR USE OF SAID RIGHT OF WAY FOR SUCH SANITARY SEWERAGE PURPOSES AS A NECESSITY ANN) BENEFIT TO THE CITY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE 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 PASSED AND APPROVED, THIS THE, �6AY OF JUNE, 1952• MAYOR I TEST: THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPR VED AS LEGAL FORM: CITY A TO ,NEY 3agD Corpus Christi, Texas 19� 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 emergency and imperative necessity exist for the suspen- sion 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. Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote; Leslie Wasserman Jack DeForrest Sydney E. Herndon George L. Lowmani Frank E. Williamson 5�61_ The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon_ George L. Lowman Frank E. Williamson 5 R OO THE STATE OF TEXAS, COtJM OF NUECES . 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 bf Corpus Christi, a municipal cor- poration domiciled in Nueces County, Texas, hereinafter referred to as Licens' withesseths' 1. That for an in consideration of the payment by the Licensee to the Licensor at the latterts office in Laredo, Webb County, Texas, of the sum of one and no /100 dollars ($1.00), the said Licensor does hereby grant permission, and the said Licensee does hereby accept the said per - mission, for Licensee to maintain, operate, repair and use a six -inch sanitary sewerage pipe line along the following right of way or other grounds, all awned, 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 red -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 1+8 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 interfere 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 attorneysO fees and Court costs to which it may be subject, or vhich it may have to pay or suffer by reason of any interruption of railroad ser- vice 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 loss 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. -2— 4. The term of this agreement shall commence with the 12th day of June, 1952, 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 uT itten notice of intention to terminate the term hereof. Any notice by Licensor shall be deemed served when posted conspicuously 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 partyts 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 said 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. SIGNED in duplicate on this day of , 1952. ATTEST: THE TEXAS MEXICAN RAIiWAY COMPANY By W. C. Beaman Vice PresidM, Secretary LICETMOR. CITY OF CORPUS CHRISTI By ATTEST: City Manager, LICENSEE City Secretary hil° �,7t nlo.lfo0 �� 82 -Tex. r 2 {' V.c Pipe) proposed S e.qe r Eztens�on AGNE3 ST. I,.lantioles (p, Ex �t�n9 5.,Ner 8 a y 7 Q Q Q kale 1y= 6o, tLJ U � CtTY OF CORPUS CHRISTI, T' V PUBLIC WORKS DEPTRTMr O ENGINF=_F'AIN1+ �I•. i"i: ' < Q PROP06ED SANITARY �- �E-W �R TO SERVE' SWIFT- TPAIN CO. ' D. W. NU DnTE