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Home My WebLink About04146 ORD - 02/23/1955Rc :V21 /j5 All ORDI NAP!CE AUTHORIZING AND DIRECTING TFIE CITY MANAGER TO EXECUTE A LICENSE TO INSTALL A FOUR INCH GAS LINE CROSSING UNDER THE TRACKS ANJ RIGHT OF 'AY OF THE SAIL ANTONIO, UVALDE i, l) GULF RAILROAD AT THE INTERSECTION WITH ALAMEJ I. A[ RAINIREZ STREETa IN CORPUS CHRISTI, WE.CES COUNTY, TEXAS, SAID LICENSE BEING IN THE FORM OF AN AGREEMENT OETUEEN THE CITY OF CORPUS CHRISTI AND THE SAN ANTONIO, UVALDE AND GULF RAILROAD CO"41PANY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHITISTI, TEXAS: SECTION 1. THAT THE CITY MAIl AGER IS HERESY AUTHORIZED AND DIRECTED TO EXECUTE A PIPE LINE AND C,,NAL CROSSING LICE.JSE l•1ITH THE SAN ANTO1110, UVALDE Fc GULF RAILROAD COMPANY FOR THE INSTALLATION OF A FOUR IIICH GAS LINE CROSSING UNDER THE TRACKS AND RIGHT OF WAY OF THE SAID RAILROAD COMPANY AT THE IIITEi; SECTION WITH t.LAMEDA ANDRAMIREZSTREETS 111 CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID POINT OF CROSSING BEING SHOWN MORE PARTICULARLY ON SKETCH CALLED "Emil .31T A' III CONTRACT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR PROVIDIIIG ADEQUATE RIGHT OF WAY FOR GAS LINES WITHIN THE CITY CREATES A PUBLIC EMERGEIICY AND PUDLIC IMPERATIVE NECESSITY NEQUIRING TIIE SUSPCNSIOt! OF THE CHARTER RULE THAT NO O",D1IIANLE OR RESOLUT 101: SHALL BE PASSED FILIALLY ON THE DATE OF ITS ILTRODUCTION AND THAT SUCH ORDINANCE OC F;CSOLUTIOII SHALL DE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE IIIAYOR, HAVING DECLAI;ED THAT SUCH PUBLIC EI•IERGEIICY AND IMPERATIVE NECESSITY EXIST, AND HAVING L'EOUESTED THAT SUCH CHARTER RULE DE SUSPENDED, AND THAT THIS ORDINANCE CE PASSED FINALLY ON THE DATE OF IT-5 111TRO- DUCTIOII AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF FEaRUARY, iJ77� i ATT jg MAYOR I THE CITY OF CORPUS CHRISTI, TEXAS f %I TY JEER T,APf i APPROVED r',S G LEGG L FOX'. CITY i T" :LE'f j' F— 49WT PIPE LINE AND CANAL CROSSING LICENSE This instrument executed In duplicate on this 2nd of— .February A. D. 19.L5_, WITNESSETH: The undersigned Carrier hereby grants, solely on the herein expressed terms and conditions, and the undersigned l.-MY . . ........ 51 ad ......... dress gqr .................... ..p .................................. hereby accepts, permission to install, keep, and use, free of charge, for conveying aW (.4.Tinch..nne) .....:................. ..........................along or across the right of way or other grounds constituting a part of Carrier's railroad (hereinafter called premises) at or near, CqKPIWA#!ft3_1 Co=ty ,Te=e, .. .............. . a ce in pipe line (or canal and/or flume), the same to cross premises at .......... ... q��_.Station rts A.146 .. ..................................................... ............................................. ..., and otherwise to be located as shown by...ze- ne and said right of way if limited to any track, by mauve line, but, it wider, by ..... med.. 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 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 au authority. C arri er may Licensee a g 'or L' e a a s a a furnish 0 r l � �n ' Licensee ha'l pay and bear the cost of, anything which, rein required 0 Licensee, at 1 n tim either shall not be ' arl ad ose - . tan days following Carrier's written request therefor 0 r a h Ruh � r's k n b Carrier at Licensee's request; and Licensee on request shall, In advance, deposit Carrier the a s ti t cost —of. deposit b less tha se ta. I cost, Licensee shall pay difference; if more, Parrier hall 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 including w a e . ' O_m. n W u - i 0 to c" . r accounting and supervision, and Carrier's cost price of all ma- terials 0. b. Carrier's . 'I a plus I6 V t. cover handling and accounting, plus at tariff to point of use. Carrier may connect w. th an d d ise h. r . sewage into in. while . e.er. 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...Iff.t.... day of..... F04.1-W. Y..........1955 .., 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, ar 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, on f,, by Carrier Licensee of written notice of intention to end term hereof. Term hereof may also be concluded by expiration of thirty days following serving by Licensee on Carrier of written notice of intention to end term hereof. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line (or canal and/or flume) or when deposited, postage prepaid, in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe Line (or canal and/or flume)_and restore promises. Any of Pipe Line (or canal and/or flume) not so removed shall at Carrier's election without and assigns; provided, no right of press agreement acceptable to Can or impairing any right arising fro( ATTEST: (Affix Sea]) S-rat.,, for Trustee ATTEST: censee Shalt be transferred or assigned either voluntarily or involuntarily except r. Carrier or Licensee may waive any default at any time of the other without 7affecting any subsequent default. GUY A. THOMPSON, TRUSTEE, SAN ANTONIO, UVALDE & GULF RAILROAD XV COMPANY, DEBTOR By ... .. - .. . .. .. .. ............ ................. .. .... ... ..... . ........ .. .. .... . .... ' ' ' "' " (Affix Sea]) City Seeretary wamffiak .. . ....................... x ........................... ............. z ................................ x........................... _ .. .. . X B.Clausen_zmd Ez._"B!' (Form.-5939nT._Rev-.) attached=_to-6ri#ima1--MJC LdUP7.icate Approved as to form: APPROVED: Director or Industrial Development "CARRIER" CITY or DORM Cmumi W............................................. . .................. . .. ....... . ... "LICENSEE" Mayor APPROVED: . . .. . .. . .............. __`...._..Y......._.._.._.._... ......... . ..... ........... ........... . .............. ....................... . .......... . .......... . ... . ............... Gaiieral Attarnm Anit..t Chief Engineer General M-.K— I f ' - The Ban Antonio, Uvalde -& Gulf Batlioed Comrany, ➢aiaosat to Section 77 of the Bankror}cy Act, onrc., ed March a, 1988, is uw .� Process of reomanitanoa and is bang oraratai by the undersianed Truetev under )eriedictioa f the United States Dietriet Court, E.t 6-w _ T in iision, Eastern District of Mla¢our, gad, uvon the data that .__hip or control -of the railroad and ➢ro➢erty of said Railroad Com➢eny u ~ by aid Trustea or his au trustee or trustees, b.0 cane, this agreement shall i➢ao facto tenmaate, mleee, ➢ureuanL to tbe •d¢crea -K -v of said court, said agreement ahall he cautioned in effeeteby the ➢arty succeeding to anch oaverfact or control. -';,` ;, i! �_•'- �f «a ;,' �'� y+ yaw eisa�aKy:.. ,.. .r ,, _.. - - q�:, -.'r ,_ t. P1 •roK4gA 1 • Fonv 6e87 -T RESOLUTION "BE IT RESOLVED, by the City Council of the City of Corpus Christi, a municipal corporation of the State of Texas, that , said corporation's Mayor , 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 February 2, 1955, Z= , between said corporation and GUY A, Thompson, TrUStee, San Antonio, Uvalde & Golf Rn.3.lroad Cogaany, Debtor — - - - - - - » � - • • , herein called Carrier, respecting among certain things the construction, ownership, maintenance, and use of one certain 4-inch gas pipe line crossing Carrier's premises at Engineer's Chaining Station 8 4B, at or near Corpus Christi, Nueces County, 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 Secretary of said 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 55• IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed 19 C 1 ............................................................................. ............................... (AFFIX SEAL) - City aecretery' i i 0 Fla 10 f r� 1 �t 1 ILA q't i t CORPUS RIST1, TEXAS 1955 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: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR. C.�! THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR, '+ivy