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HomeMy WebLinkAbout03683 ORD - 03/03/1954AC:3/3/5`'• C,N OR D I IJAiVCE WTHOR I Z 1 PIG AND D I RECT I HG THE C I TY MAH.f GER FOR AND ON ,LF OF THE C I TY 757XCCUTE A CONTACT 'WA TH GUY r',. THa-IPSON, TRUSTEE, SAN ANT01j1 VALDL & GULF Rat I LRO, =,D COMPANY. DEBTOR, FOR „ PIPELINE CROSSING LICENSE GIVING THE CITY PERMISSION TO I NST,1L A 14* 'WATER LINE ALONG OR :,CROSS R!,11—ROAD RIGHT —OF 'r4AY, AS SHMN ON THE 1 SAP UIH I CH 13 A P"%RT OF SAID LICENSE, A COPY OF WHICH CONTRACT AND LICENSE IS ATTACHED HERETO AND KI DE A PART HEREOF; AND DECL. r:R I NG %N' EMERCENCY . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY VIANAGER IS HEREDY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRIS -11 TO EXECUTE A C011TRACT WITH GUY A. THORIPSON, TRUSTEE, SAN ANTONIO, UVALDE & GULF RAIL- ROAD COI.IPANY, DEBTOR, FOR A PIPELINE CROSSIIG LICENSE GIVING THE CITY PERMISSION TO INSTALL A 14, WATER LINE ALONG OR ACROSS RAILROAD P,IGI- iT -OF- WAY IN THE CITY OF CORPUS CHRISTI AS SHOWN ON THE MAP ATTACHED TO THE COH- TRACT, A COP`; OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR PROVIDING ADEQUATE RIGHT- OF -WAY FOR THE PLACING OF SAID WATER LINE WITHIN THE CITY CREATES A PUBLIC EMERGENCY AND API IMPERATIVE PUBLIC 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 CIEETINGS OF THE CITY COU;'CIL, AND THE MAYOR, HAVING DEC' AIRED SUCH Ei,!ERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT ARID BE IN FULL FORCE AND EFFECT FROM AI;D AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF MARCH, 1954. ATTEST CITY SECRET R1' APPROVED AS TO LEGAL FORM: CITY ATTORNEY aI P+1,'IYOR THE CITY OF C RPUS CHRISTI, TEXAS roan 49+1p.T PIPE LINE AND CANAL CROSSING LICENSE This instrument executed in duplicate on this_20tjy.day of.._ nr..< '►e «_......- -.... ....... A. D. 19.,x.., WITNE33ETH: The undersigned Carrier hereby grants, solely on the herein expressed terms and canditiod s, and the undersigned Licensee.- t-.`' z1q .- flt-- �E' 1L', 1ue.. Ch1`#. Ht3. y.. ti. i11181iC. 17T. ..i3CnC'�St71'H�4g3_.Q...L1S..r Off.- %`$�i@o- ...............- A[ldreee 03rpue <r'-ioti, Tt-z &T _ ----- .-------- --- - .hereby accepts, permission to install, keep, and use, free of charge, for conveying _.%%VbW .(Usst+aA_ ) ___..____..______._along or across the right of way or other grounds constituting a part of Carrier -s railroad (hereinafter tailed premises) at or near- Carl= _cbrifirtl de9_.G'VUftY,s'1' s a certain p pe line (or canal and /or flume) the same to cross premises at ._.Rt. . - .....•.,� ----__. _- ... ......-- -...- --- -. --... ---- ---, and otherwise to be located as shown by- Y11230W _ line.-_ -.. and said right of way if limited to any track, by mauve -.ire, but, if wider, by __.._gem_.__... . ......... ... .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 ....... . ......... lour 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 cost 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 be 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...00t,0Wr.__..____19 -53_, 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 __ r.:..e _ „s ..,': -_ _"t;A, ..a :_. "s:,... «,.....a e,..,. >.,.,.....: m te __.. - ._ _ ----, — `-- -"-- — The San Antonia, Uvalde & Gulf Railroad Company, pursuant to Section 77 of the Rankxaptcy Act, approved March S. 1933, is in prods of reorganization and is being parsted by the undersisned Trustee under imisdiaion of the United States Dietriat Court, Eastern Division, Easter District of Missouri, and, upan tha date that aw ership or .ntrol of the railroad and property of said Railroad Company by said Tru tee r his .—essor trustee r trustees, hit en this greement shall ipso facto terminate, .less, pursuant 0 the dews o£ said court, said agreement shall be continued in offset by the party surmeding to such ownership or control. ATTEST: y 'i. mssm, TZM'=d ._. SAN �'IMNIO, iiifUM & C}i7I� Rb7iTdi O (Affix Seall Secretary for Trustee c<Qmmy, DOTOR ATTEST: lAfflx 9ea]) (<<it.,J � Secretary X x Dire&tfor of Ihdneiris7, Devek©pmt "CARRIER" Ci'a7f OF CMTW MIMI 1&7- "LICENSEE" Approved as to form: APPROVED: APPROVED: ------- ---- ------------ -------------- --------- .....- .............-.. ....._.---..._............... Generd Attorneys Assistant Chief Engineer Canard Yanaaao-- Form 5687 -T RESOLUTION "BE IT RESOLVED, by the City Council of the City' of CC+^pu9 Christ:., a muniCipal Corporation of the State of T=Xas, that said corporation's PMayor , 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 November 10, 1953 U , between said corporation and Guy 21. Tholveon, Trustee, San Antonio, UVal.de & Gulf Railroad conZxua f Debtor — — herein called Carrier, respecting among certain things the construction, mtaLUtenauce, oc7nership, and use of one certain 14..ineh water line crossing Carrier's premiees at Engineer's Chaining Station 1677.7, at or near Corpus Christi, tdueeee County, Texae all as more particularly set out in said agreement, to which reference is made the same as if fully set out herein." s � 1, ' as City iearet&ry of said corporation, do hereby certify that the above an w oregng is a rue copy o e res ation duly passed, approved and adopted, as by law prescribed, by and on be- half of said corporation by its City Council on '19 53- IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed , 1953 19 (AFFIX SEAL) ............ ............ ................... ......-SecreterY.- ........ city i r i 1 r 1" - FEr'. �'•^, •' 1f � K,r!�� Re Q it FFF + r f y i i f, r 4 I � - 4 1 I se Ole, CORPUS CCH�RRIISTTII, TEXAS kz� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING tTRDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE S- USPENSION 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 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: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY .LAMES S. NAISMITHr� W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH C, l W. JAMES BRACE