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Home My WebLink About03682 ORD - 03/03/1954AG:3/3/54 AH ORDINANCE UTHOR I Z I NG AND DIRECT MG JG THE tt I TY NIAhIAGER FOR ,VND ON DEH,',LF OF THE CITY 10 EXECUTE : -, CONTR, =,CT WITH GUY A. THO'r'iPSON, TRUSTEE, SAN AHTON10. UVALDE Ix GULF RAILROAD COMPAM(, GE°TOR, FOR PIPELIN.- CROSSING LICENSE GIVING THE CITY PE-14415610,%] TO II'!STALL ,', 10° �dATER LINE ALONG'0,? ACROSS RAILRO�,D RIGHT —OF —WAY, ;;S SHOWN ON THE I.1 ;P'dHICH IS A OF Si',ID LICENSE, :1 COPY OF '. HiCH CONTR ^.CT AN-) LICE! IS ..TT'CHED HERETO ?-Ir,DE ;11 P ",RT HEREOF, ,N!) )-CL. FING .:N &11ERGEHCY. BE IT ORD1°,11HED BY THE CITY COMCIL OF THE CITY OF CORPUS CH-1 ISTI, TEX,.3: SECTION 1. THAT THE CITY 'MANAGER 15 HEREDY AUTIIO[fIZED ANN) DII:ECTEJ FOR AND ON BEHALF OF THE CITY OF CORPUS -lI;RISTI TO EXECUTE A `ONTRACT WiT,,i GUY i�.. THOmPSOIJ, TRUSTEE, SAN ANTONIO, UVALDE u. GULF Rs.IL- ROAD CCIPANY, DEPTOR, Fl—l.— A PIPELINE CROSSING, LICENSE GIVING THE CITY PERCdISSION TO INSTALL A 10 WATER LII -IE ALONG OR ACROSS RAli_ROAD RIGHT—OF- WAY III THE CITY OF CORPUS CHRISTI AS SHOWN ON THE 11AP ATTACHED TO THE CON- TRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PAR', I- IEREO. .-. JECTIOid 2. THAT THE NECESSITY FOR PROVIDING ADEQUATE RICHT— OF —WAY FOR THE PLACIPIG OF SAID VIATFR LINE WITHIN THE CITY CREATES A PUBLIC EIIER9EIICY A;ID AN IPIPERATIVE PUR'LIC NECESSITY REQUIRING THE SUSPENSION OF THE C:IAPTER RULE THAT NO -RRDI FIANCE OR RESOLUTION SF{ALL DE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTI, SHALL DE READ AT THRLE SEVERAL MEETINGS OF THE CITY COUNCIL, ADD THE MAYOR, HAVING DECLARED SUCH EMERGENC`! AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDi NIANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT F,RO•i MID AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY or I1IARCH, 1�5' . IsiAYOR y„ /ti TI IE C I TY OF CORPUS CHR I )I , TEXiS CITY SECRETAR r'.PPROVED AS TO LEG,.L FORM: ie CI T`! - +IT01217 �8a Form SalaT PIPE LINE AND CANAL CROSSING LICENSE This instrument executed is duplicate on this._ 9th 53 --may of. ._......_.....--- .— .- --.- - - ---- A. D. 19........, WITNESSETH: The ,pe,•rai e C r re nts, solely pa a herein a �es�ed a an oadidon�, �pd_the underaigaed r 1%�'�,Y � 1e txil3.R'Gxj t► at�Ci�SC� �aCl1 �fSE ✓s'CiA'GQi c1S 1.+41�pq� -'--- -'--- --- --' — - ................... ...- ....- --- -'- ---- -- '- °--..... _.. ---....___.._.........- ......_. - - - -�� r Too- W-" - - -hereb accepts, charge - - -- -- - - -- - - y p permission, to install, keep, and use, free of ►roger ;; ��n � - charge, for conveying -___- __...__ .. ._....along o�,lit constituting a part of Carrier's railroad (hereinafter called premises) at or near - �i2 Da1CiFSIF t -- a�q ai pope line or canal and/or flume), same to cross &� Kj Gi4 ( ), Premises at - - -. - - - -- - - - - -- - - -- - - - - - - - -_ -_ - __..__- ._._ and otherwise to be located as shown by_ �..._ - - MW - line_ -_.. and said right of way if limited to any track, by mauve line, but, if wider, by 2^&d _- _ lines on the map or plat marked Exhibit "A" and hereto attached and made a part hereof. 1. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line (or canal and /or flume) to any physical change as made at any time in any of Carrier's property; at all times keeping upper surface of any pipe line or canal and /or flume at least ------ _ ------------ four feet below bottom of rail thereover. Licensee shall cause any Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit "B" attached hereto as part hereof; obtaining Exhibit B, if missing, from Carrier. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the coat of, anything which, herein required of Licensee, at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall, in advance, deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier ten dollars for preparing it. Any other payment shall he made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover accounting and supervision, and Carrier's cost price of all ma- terials f, o. b. Carrier's rails plus 10% to cover handling and accounting, plus freight at tariff to point of use. Carrier may connect with and discharge sewage into Pipe Line while serving as sewer. 2. Licensee agrees to indemnify and hold harmless the Carrier from all liability, damage and expense, including attorney's fees and costs, which the Carrier may incur or suffer, caused by the intallation, maintenance, existence or use of Pipe Line (or canal and /or flume). 3. Term hereof shall begin with the.._........ .day of.....__ r 19 .33._, and continue thereafter indefinitely as long as Licensee shall perform the covenants hereof and shall reasonably need in its business the permission granted hereby and shall not abandon the said Pipe Line (or canal and /or flume). In the event Licensee shall fail to perform the covenants hereof, or shall not reasonably need in its business the permission granted hereby, or shall abandon the said Pipe Line (or canal and /or flume), the term hereof may be terminated by expiration of thirty days following serving, by Carrier on Licensee of written notice of intention to end term hereof. Terra h f ,"fl., s1— l.e --l-A-1 The San Antonio• Uvalde & Gulf Railroad Company, pursuant to Section 77 of the Banknmtcy Act, pp—ed March S. 1933, process of reorganization and is being operated by the undersigned Trustee under jurisdiction of the United Statue ➢ialuriet Court, Eastern Di ... n, Eiiatern District w er t of Missouri, and, upon the date that hip or control of the railroad and pruperLy of said Railroad Company by sad Trustee r his euce trustee r trustees, -hall en this greement shall ipso facto terminate, lees, pi,aso.t to the decree of said coact void agreementhall be c tirl.ed in effect by the party eveceediag to auch ovoiarrahip or control. A'1'TNNT. GW A. T4srW50, �,�'yyr�$ i Aff Seal) Secretary fur Trustee 00WAff, sw.agm ATTEST fAFfix Scal) Secretary - -- - Approved as to form jW �.rac£oi' Cis al IiBV{Si"i "CARRIER" am ors CHXWx BY (j* "LICENSEE" APPROVED: APPROVED: General Attorneys Assistant Chief Engineer Gmeral M "et- Form 6637 -T RESOLUTION "BE IT RESOLVED, by the city c ounall of the City of Corpus Chri[ti, a Immiasipal corporation of the Btate of Tons, that _ s said corporation's is Y— , be and he is hereby duly authorized and fully empowered to enter into and execute, for and in the name of said corporation, one certain written agreement, dated JUl I g r 19x53 j 19 , between said corporation and akw !L. •hwwamf T "gue, San. "ntf>a: io, Uvalde & "Ur sai !r' ', !tQr r * � r : • + * - , herein called Carrier, respecting among certain things %be ccmetruatim, anere ilp, saaintmame and use of saute certain 10-imb uster Lim orossivg Ouvier'e 2ruazz -5 at imer'E Chainim ,Station 127 � Qb, at or Baer Corpus Marieti, luevea Bounty, Texas •, all as more particularly set out in said agreement, to which reference is made the same as if fully set out herein." I, as City* ,Seers tl4L"y of ea3d corporation, do hereby certify that the above and foregoing is a true copy of the resolution duly passed, approved and adopted, as by law prescribed, by and on be- half of said corporation by its city council on , 19 r13- IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed 1 . 19 ----- ----- -- --------......_........_.-'-. ..._........__...- ......_....... O AFFIX a8AL7 9ecretar v: -tV CORPUS CHRISTI, TEXAS 4�d 19! TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING -0-RD INANCE, 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 SUS *END 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 V,, CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN �i ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH ' 1 / W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN / ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. 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