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Home My WebLink About03722 ORD - 04/07/1954AC:4/7/54 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY IN CONNECTION WITH THE CROSSING OF THE PROPOSED 36 -INCH WATER LINE FROM THE SAVAGE LANE RESERVOIR DOWN LEXINGTON BOULEVARD, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET OUT IN A COPY OF THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF; 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 TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY IN CONNECTION WITH THE CROSSING OF THE PROPOSED 36 -INCH WATER LINE FROM THE SAVAGE LANE RESERVOIR DOWN LEXINGTON BOULEVARD, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET OUT IN A COPY OF THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT IT IS NECESSARY TO EXECUTE THE ABOVE MEN MENTIONED AGREEMENT IMMEDIATELY DUE TO THE FACT THAT THE CITY PLANS TO PLACE SUCH CROSSING IN THE NEAR FUTURE, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION 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, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE 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 ACCORDINGLY PASSED AND APPROVED, THIS THECAY OF APRIL, 1954. MAYOR PRO TEM THE CITY OF CORPUS CHRISTI, TEXAS IT SECRE ARY- - PPROVED AS X LEGAL FORM: IT THE STATE OF TEXAS ) COUNTY OF WEBB ) THIS AGREEMENT entered into in Laredo, Texas, by and between The Texas Mexican Railway Company, a Texas corporation domiciled in Webb County, Texas, and hereafter called Railroad, and City of Corpus Christi, Texas, witnesseth: 1. In consideration of the payment by City of Corpus Christi, Texas, to the Railroad of the sum of Ten and no /10G Dollars Q0.00) ants subject to the terms and conditions contained herein, the Railroad does hereby grant its permission for City of Corpus Christi,, Texas, to lay, maintain, operate and repair for a term of one year, and Vero- after, but subject to termination at any tine after the effective date of this contract, upon sixty days' written notice by either ?arty to the other, one 36 -inch eater line, as hereinafter stated. Said 36 -inch water line shall be enclosed and encased in a rock conduit for a distance of forty (4G) feet north and twelve (12) feet south from tic center of the center line of Railroad's main railroad track. The top of said conduit enclosing said line shall be installed at a depth of at least four (4) feet below the top of the tie of the existing track. 2. Said 36-inch water line shall be located at about 2,250 feet cast of Railroad's Mile Post 158, in Nueces County, Texas. Said 36 -inch water line crossing is shows_ on the attached sketchand said sketch is made a part hereof. 3. It is understood and agreed that before said 36 -inch water line is installed and also before any changes or repairs are made at any time, that a written permit for each such occasion shall be obtained from the General Manager's Office in Laredo, Toxas, of The Texas Moxiaan Railway Company, and the City of Corpus Christi, Texas, agrees to conform to the directions and instructions specified in said permit and to con- tinuously maintain said line so as to keep it free from leaks or defects or from interference with drainage. 4. In the event the Railroad should desire for any reason to s• change in the location of said pipe line or an addition to the length I � of the conduit, the City of Corpus Christi, Texas, agrees and covenants that within thirty days after receiving written notice to that effect, said City of Corpus Christi, Texas, will make promptly such changes in the location =,d laying of said 36-inch water line as may be required by the Railropd, and all such changes with reference to said 36-1.21ch water Mio shall be at the :.,,olo e4vnse of the City of Corpus Ciar3 tip Texas, and in accordsiace i,:M tho sr;ocifict.tions Tresentod by the Fiailroad. '). It is further understood and z.greed th�it ta-ic City of Corpus Chri.Ai, Te:izas, shall well and sofficiont1:1 indemnify ar4 save harmless the Rvilroad from all claims, dwmz�gos, cctions, costz =d charges (inciuding reasonable anounts for attorney fees", to which said Railroad may be subjected or which may result, or asserted to result,, frog. the maintenancet use and operations of said water line and conduit, including the construction, repair, or failure in any manner of said line or. condtdt. Svch indemnity shall include claims, demands, darx-ges, racti=.-,s co--tj charges Uneltding ro..�,sonable -amounts for attorney foes , i sustained try of Corpus ChTIsAio To as, its agents and employeesq and or not caus&I by neglir _,once of U 2. a roz, . 6. All obligations 'by th ,s contract &4ali be performable in Nuecos County, TIC.Ixas, and binding upon the parties hereto, their successorz, and assigns. E.0,CUTTO in deu-Ilicato on this _ day of , 15,5 4. TLE TRUS m&IXICAI,' RAILWAII C01,1PA111 ATTEOT: VIce President & U;neral Manager Secretary, The Texas can Railway Company CIT')[ %' COR,' 7S ChIRLiTIO TEXAS ATTEST Illy Secretary City of Corpus Christi, Texas THE STATE OF TF 8 i CWWTY OF WF;BB i Before me, the undersigned authority a Notary Public, in and for Webb County, Texas, on this day personally appeared R. R. Johnson, Vice President and General Manager of The Texas Mexican. Railway Company, knovm to me to be the person and otfieer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said The Texas Mexican Railway Company, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIUDI u10M, 1,47 EAIVID AUD 5IIAL OF CR ICE on this _ day of - -- , 1954. Notary Public, Webb County, Texas My Commission expires June 1, 1955. CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL. CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOI NG-ORD I NANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL 13E PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL ME READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HERECY 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. RESPECTFUL;-Y, n MAYOR t' CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SU WF -&NDED MY THE FOLLOWING VOTE: A'._.A. LLCHT�NSTEIN ELLROY KIIG P, C. CALLA +IAY � JAMES S. NAI3MITH (� W. JAMES BRACE THE ABOVE ORDINANCE WAS 33EG B" THE FOLLOWI US VOfEB P A -,�_A_ L! CH T,�NSFE i;N ELLROY ICING ✓�;. y_` P. C. CALLA!nIAY JAMES S. NAISMITH W. JAMES BRACE 37�� JAMES BRACE 37��