The URL can be used to link to this page

Home My WebLink About04026 ORD - 01/05/1955ACi.1/3/55' AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY HANAGER FOR AIJD ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE - MENT WITH TEXAS AND 4E41 ORLEANS RAILROAD COMPANY GRANTING PERMISSION FOR THE CITY TO INSTALL AN EIGHT INCH WATER LINE CROSS114G UNDER THE T. A 14. 0. TRACK, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINE3 BY THE CITY COU14CIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER 15 HEREBY' AUTHORIZED, ACID DIRECTED TO EXECUTE FOR AND Ott BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH TEXAS AND NE14 ORLEAIJS RAILROAD COMPANY GRANTING PERMISSION FOR THE CITY TO INSTALL AIJ EIGHT (S) INCH WATER LINE CROSSIIIG UNDER THE T. & N. 0. TRACK, IN ACCORDANCE WITH THE TER14S AND CONDITIONS SET FORTH IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO ACID MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE ABOVE MENTIONED AGREEMENT WITH TEXAS AND NEW ORLEANS RAILROAD COMPANY CREATES A PUBLIC EMER- GENCY AND Art IMPERATIVE PUBLIC NECESSITY' REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT IJO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTP.ODUCTIOrl AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVIUG 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 ACID BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE s�DAY OF JANUARY, 1955- nlavoR A THE CITY OF CORPUS CHRI I, TEXAS ATTESST: / 1 CITY SECRETARY- / APPROV PS TO L N , GAL .FORM: ` CITY AT ORN ..eeml awn.., t :pates ' LIGLNSE L-aL •,,, •;. Cevml Aat Tin lYpapt . � • h t_ V.rYTHIS AGREEMENT made and entered Into by and between TEXAS AND NEW ORLEANS RAILROAD COMPANY, :First Party, ha m iter termed -Licensor; and CTTY OF CORPUS CERISTI, herein represented by its E1T1C MANAGER Second Party, hereinafter termed "L.—e WITNESSETH THAT: Lfcmwr, in comideratlon of the faithful performance by Licensee of all its covenants and agreements herein con. Wined, hereby permits U-s a, at its awn wok cast ad expense to construct, reconstruct, maintain and operate a water line baeinafter termed eStred —r - atzKmX Corpus Christi, Nueces County , State of Tens , in the location shown by red lines on the map ham attached and made a part hereof. The said Structure to In eructed beneath the •surface of the ground. at depth of ¢at I than three feet. The tocatm¢ and description of said a Ina than Structure is more particularly described a follow,, to -wit: �' en 8a water ' lino •crnasirig' - under. "7'3benaorta Main •track gad across its, right of way at right''anglis' tHereto'id. Staple's Street at "Main,Line Mig:Lnserl s Station 4691 +38, Thi— grecment Is made upon the following terms and conditions: ARTICLE L Lkeasee hereby acknewlfdg. the title to Lkeawr m and to the premis. deauik-ad m this agreement and agrees never to .2 or react acid title. ARTICLE IL Foy such ae'of said prtiois., I.icmen .half pay Licensor on presentation of bill therefor, a rental of One a»d No /100' ` " 1.- ur 0 r) Lhaan per year, payable annually in advance at the office of the Licensees Treaser in the City of Houston_; Texas:' ' ARTICLE ILL Licenses agree m indemnify and sere harmlea Licensor from and against any and all loss, damage, liability, cost and oxpewe which!Llcensor may —W. or bear or to which Licensor may be put, resulting directly or indirectly in a y mann from the location, construction, maintenance, repair, replacement, we, operation or presence of said atmd- andifs appurtenances on or beneath the premise's hereinbefow specified. - 4 - ARTICLE'IV. ' Licensee and the agents and employees of Liumee shall have the privilege of-entry on said premises for the purpose of making necessary repah' ". or change. iri said structure, and Licensee agrees to keep said premises at all times in a good and sate condition. free from waste, all to the atiafaction of Licensor. ARTICLE V. #•gtaE ` t•- Licensee agrees that all work upon or in coanectian with, aid aerveture ahia be done at eb times d m such q,! na as not to interfere k any aayy,wbaaoeva with the operations of the Lkeawr, and that the Iecallos of said l•'7's a"-nia¢- `theaaoent the`said atreelme should at lany time interfere with the mabrectin of any bin or other improve- ments of Lkasor, or is tensna,` ew or which may hereafter be,comtructed, the Liceaaee•aQes to make such Ching. In said structure as will prevent the interference ARTICLE VL Thin License 'is Da al to Liceum and in ease Licensee shall attempt to aiya w trawler the man fa whole m pare without the previous writtea consent of the Licensor, this License may, by anti.. from Lan— m L km,,, be revoked t i ARTICLE VD. In the even[ Licensee d'ucomtfnn. the sea of said structure and abandons We sine, or fails to keep. observe and i•rt any covenants on Licensee's part basis contained, all right. hereby given shall fore! ith cm.. and dacrmia and License thereupon shwa re a id trncsare and ,.tore the pre in u nearly a paaafble to the Lame state • d condition they were m grins ;to the instaWtian, of said atsactura Should Iiceesee fail, neglect or refuse to remove said structure and restore aid premise., such remold and ratwation easy be performed by Licenser at the expense of Lice.- • Lee, which mpenat Licensee agrees so pay to Lwaser on demand ' ARTICLE VIIL If and whenever work of any kind or character is to be performed or done by a contractor for Licensee, Lice'wor t hereby reserves the right to require the said contractor to enter Into a written agreement with Licemor satisfactory to i it, and Ito require also the contractor performing the work to give an indemnity bond in favor of Licensor in suck aunt as Licensor shall specify before permitting any each contractor to perform or do a,y,,f said work upon the - premises bereinabove specified. Z ARTICLE IX. . In sae Licensor .ball bring suit to compel performance of or to recover for breach of, any covenant, agreement or condition hereln writte., Lfcauee ebaa and will pay to Licensor reasonable Attorney's Fees in addition to the amount of "•d the judgment recovered and costs. y 4� I r- ARTICLE X. ., Ereept as otherwise provided herein, the terms and conditia M this agrcemeat shall 'ere to t e bwefit of and be binding'npen the ancce sort the art! a aSt n ape Y e 7. O or butt r � be Ised.under L10ensorts track :, paw be Fins�a��e buirrioq� It p. �ep -o 3 or more, below base with ijo.`33o3�ttoa hinder ,track er yic bbe not oY in aufficiant]y �n 80.Yt1hICe so; tiSat it' can arrange 'bOV,' act eretita'a T :y IN:WITNESSiWHERMP,'the parties hereto have caused tbm presents to he executed in duplicate on this the 20th 'a., r December A. D. 1D emu. `r Recommended: '1 TEXAS AND NEW ORLEANS RAILROAD COMPANY 2 :s i Chief Enginer. BY General Manager. Licenser. Y_f CITY OF CORPUS CfDfiSTI so E } i Ear Nt •1 �:. APPROVED AS TO LEGAL FORM: 6TTjiNrA't1�AG ER ATT5SESTID license. Z' - !' CITY ATTORNEY City Secretary ' r - CO C Chris orp RWA (Brown) T LILJ Ti If - CO C Chris orp RWA (Brown) T LILJ Ti - CO C Chris orp RWA (Brown) T LILJ • ..,-. , C Christi, Texas %�� 195(i— TO THE l WEBS OF THE CITY COUNCIL Corpus Christi, Texas - Gentlemen: i For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity Gaut-for the auspen- sion of the,Gharter Rule or requirement that no ordinanck 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. Respectfull,m, MAYOR. ` CITY OF CORPUS CHRISTI, ILI The Charter Rule was suspended by the following vote: P. C. Callaway Ellroy Sing James S. Waismith W. James Brace F. P. Peterson, Jr. ` The above ordinance was passed by the following -note: P. C. Callaway Kilroy King James S._Naismith W. James Brace F. P. Peterson, Jr. 4 I