HomeMy WebLinkAbout04185 ORD - 04/13/1955AC
AN ORDINANCE
AUTHOR ]ZING ANJ D 1 REC T I NG THE CITY "4AI IAGER FOR Mt) ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE T'.'JO (2
EASEMENTS 'vJ I TFI THE TEXAS 11EX I CAN RA I LS;IAY COMPANY, ONE
EASE'1ENT 3E1NG FOR A GAS CROSSING AT %.dEBER ROAD, AND THE
OTHER FOR A CROSSING OF A GAS LINE AT EVERHART ROAD, 60TH
KING ACMSS THE TEXAS NiEY.I CAf9 PROPERTY, COPIES OF SUCH
EASEMENTS 3EING ATTACHED HERETO ANJ MADE A PART HEREOF;
AN-) DECLARING AN EP'r i2GEFICY.
3E IT ORD,INEJ GY THE CITY COUIICIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY I'- ,AdAGER IS HERESY AUTHORIZED AND DIRECTED
FOR AiJJ ON UrHALF OF THE CITY OF 'CORPUS CHRISTI TO EXECUTE TWO (2) EASEI•:ENTS
WITH THE TEXA5 'IEXICAN RAILWAY COP9PANY, ONE EASE14ENT SEIPJG FOR A GAS CROSSING
AT ',iESER ROAD, AND THE OTHER FOR A CR053111G OF A GAS LINE AT EVERHART ROAD,
UOTH JEING ACROSS THE TEXAS PROPERTY, COPIES OF 5UCH EASEMENTS DEIHG
ATTACHED HERETO AND h1ADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR OuTAINING THE EASEMENTS MEHTIONED
AO&.QIE' OREATCS A PUB!-IC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE
CHARTER RULE THAT NO ORDINANCE OR RESOLUTION.' SHALL BE PASSED FINALLY ON THE
DATE IT IS INTRODUCED AND THAI' 5UCH ORDINANCE OR RESOLUTION SHALL SE READ AT
THREE SEVERAL 1,1EETINC— OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLAR =D
T{ -IAT SUCH PU31-IC EI-IF_RGENCY APID IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED
THAT SUCH CHARTER RULE DE SUSPENDED, AND THAT THIS ORDINANCE 'JE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND
EFFECT FROM AND ASR ITS PASSAGE, IT IS ACCORDHaGLY SO ORJAINED.
PASSED AI110 APPROVED, TFIIS THE _DAY OF APRIL,
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0171' SEC RETARYr
APPROVED ASS TO LEGAL FORIl1:
CITY ATrbN:IEY
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THE CITY OF CORPUS CHRISTI, TEXAS
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THE STATE OF TEXAS
COUNTY OF WEBB
WHEREAS, By virtue of a written agreement with the United
States of America in regard to the operation by The Texas Mexican Railway
Company of what is known as the Naval Air Base Line in Nueces County, Texas,
The Texas Mexican Railway Company aforesaid possesses a right -of -way for
railroad purposes as outlined in said written agreement; and
WHEREAS, the City of Corpus Christi, a Municipal Corporation,
desires to lay a four -inch gas pipeline on, under and across The Texas Mexican
Railway Company's ri ght -of -way at what is known as its Engineering Station
403 -74 87, of the Naval Air Base Line in Nueces County, Texas, the precise
area of such easement being shown more particularly on the sketch attached
hereto, identified as Exhibit "A" and made a part hereof; and
WHEREAS, subject to the terms and conditions stated below,
The Texas Mexican Railway Company has no objection to the crossing of said
line insofar as said Railway Company's operations are concerned:
NOW. 'THEREFORE, KNOW ALL MEN SY THESE PRESENTS,
That The Texas Mexican Railway Company, a Texas corporation domiciled in
Webb County, Texas, hereinafter called RAILROAD, and the City of Corpus
Christi, a municipal corporation, hereina9er called CITY, do hereby enter
into the following agreement:
1. The Railroad does hereby grant its permission for the said
City to lay and maintain, operate and repair for a term of one year and there-
after. but subject to termination at anytime after the effective date of this con-
tract upon sixty days' written notice by either party to the other, one four inch
gas pipeline as hereinafter stated. Said gas pipeline shall be placed while crossir,
the Railroad's right -of -way in a larger casing and shall be installed and main-
tained at all times in the proper manner. Said pipe line shall be placed at least
d feet below the top of the ties.
2. Said pipe line shall be located on Railroad's right -of -way as
shown on the attached sketch.
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3. It is understood and agreed that before said pipe line is
installed and also before any changes or repairs are made at any time, that a
w rLtten permit for each such occasion shall be obtained from the General Manages
Office in Laredo. Texas, of the Railroad, and the City hereby agrees to con-
form to the directions and instructions specified in said permit and to maintain
continuously said pipe line so as to keep it free from leaks and defects and inter-
ference with drainage an Railroad property.
4. In the event the Railroad should desire a change in the location
of said pipe line or to build additional tracks near or adjacent to the existing
railway tracks, said City agrees and covenants that within thirty days after
receiving written notice to that effect, said City will make promptly such changes
in the location and laying of said pipe li ne as may be required by the Railroad ,
and all such changes with reference to said pipe line shall be at the sole expense
of the City and in accordance with the specifications presented by the Railroad.
S. It is understood and agreed that said City shall well and
sufficiently indemnify and save harmless the Railroad from all claims, demands,
damages, actions, costs and charges (including reasonable arr.ounts for attorney'a
fees) to which said Railroad may be subjected or which may result, or which may
be said to result, from the maintenance, use and operation of said pipe line,
including the cunstruation,,:r.epair or failure, in any manner of said line,
6. It is understood and agreed also that all rights granted under
this contract to said City are limited, and strictly subject,. to rights and
obligations possessed by the Railroad under its agreement with the united
States of America with reference to the right -of -way used by the above des-
cribed pipe line.
7, The said City has paid to the Railroad the sum of One Dollar
(§1. 00) as a part of the consideration for this agreement, the receipt of which
is hereby acknowledged.
8, If at the termination of this agreement. said City has not re-
moved all of its property covered by this agreement from the Railroad's right-
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of -way, it is understood and agreed that said Railroad shall have the full right
in its discretion to retain said property on said premises or to destroy, abandon,
sell, or otherwise dispose of the same without accounting to said City by pay -
ment or otherwise for the value thereof, if any, or the proceeds of any sale
thereof. In any event, the Railroad shall have the right to recover from said
City all costs and expenses of removal of said pope line if said City does not
remove said pipe line prior to the termination of this contract.
9. All obligations imposed by this contract shall be performable
in Nueces County, Texas, and binding upon the parties hereto, their successors
and assigns.
EXECUTED IN DUPLICATE On this day of April. 1955.
THE TEXAS luMEAIEA*RAILWAY COMPANY
Johnson, Vice President
ATTEST: "RAILROAD"
Secretary, -rue Texas Mexican
Railway Company
CITY OF CORPUS CHRISTI
BY
ATTEST:
THE STATE OF TEXAS i
COUNTY OF WEBB
"CITY"
BEFORE ME, The undersigned authority, a Notary Public in
and for Webb County, Texas, on this day personally appeared R. E. Johnson,
Vice President - General Manager of The Texas Mexican Railway Company,
known to me to be the j,erson and officer whose name is subscribed to the fore-
going instrument and acknowledged to me that the same was the act of The Texas
Mexican Railway Company aforesaid. a corporation, and that he executed the
same as the act of such corporation for the purposes and consideration therein
ex;,ressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE. This
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day of April, 1955. ,o
Notary Public, Web County, Texas
- 4 -
THE STATE OF TEXAS 4
COUNTY OF NUECES !
BEFORE ME. The undersigned authority, a Notary Public in
and for Nueces County, Texas, on this day personally appeared
of the City of
Corpus Christi, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said City of Corpus Christi. a municipal 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE. This
day of April, 1455.
Notary Public, Nueces County, Texas
1
4° W.S. GAS MAIN I
WEBBER ROAD
R.R. STA. 403+87
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R.R. STA. 456+12
fi" W.S. GAS MAIN
EVERHART ROAD
THE TEXAS MEXICAN RAILWAY COMPANY
SKETCH SHOWING
A !}° GAS LINE AND AN 8" GAS LIFE CROSSING THE TEX MEX NAVAL AIR
STATION LINE FOR THE CITY OF CORPUS CHRISTI. TEXAS
SCALE: in — 600o APRIL 4. 19555
THE STATE Or TEXAS 0
COUNTY or WERR di
WHEREAS, By virtue of a written agreement with the United States
of America in regard to the operation by The Texas Mexican Railway Company
of what is known as the Naval, .fir Same Line in Nueees County, Texas, The
Texas Mexican Railway Company aforesaid possesses a right -of -way for
railroad purposes as outlined in said written agreement. and
WHEREAS. the City of Corpus Christi, a Municipal Corporation,
desires to laY aneightuch gas pipeline on, under and across The Texas Mexican
Railway Companyas right -of -way at what is known as its Engineering Station
456 plans 12 of the Naval Air ]Base wine in Nueces County, Texas. the precise area
Of such easement being shown more particularly on the sketch attached hereto,
identified as ]Exhibit "A" and made a part hereof= and
WHXREAS, subject to the terms and conditions stated below. The
Texas Mexican Railway Company has no objection to the crossing of said line
insofar as sa=es, Railway Compauts operations are concerned:
NOW, THEREFORE, KNOW ALL MEN RY THESE PRESENTS.
That The Tome Mexican Railway Company, a Texas corporation domiciled in
Webb County, Texas, hereinafter called RAILROAD. and the City of Corpus
Christi, a municipal corporation, hereinafter called CITY, do hereby enter
into the following agreement:
i. The R,6ilroad does hereby grant its permission for the said City
to lay and maintain, operate and repair for a term of one year and thereafter,
but subject to termination, at anytime after the effective date of this contract
upon sixty days' written notice by either party to the other, Onfeight inch gas
pipeline as hereinafter stated. Said gas pipeline shall be placed while crossing
..a_
the Railroad's right -of -way in a larger casing and shall be installed and
maintained at 41 times in the proper manner. said pipe line shall be placed at
least . L' fact below the top of the ties,
Z. Said pipe Una *hall be located on Railroad's right-of-way as
shown on the attached sketch.
3. It is understood and agreed that before said pipe line is installed
and also before any changes or repairs are trade at any time, that a written
permit for each +uch occasion shall be obtained from the General Manager's
Office in laredo, 'Texas, of the Railroad, and the City hereby agrees to
conform to the directions and instructions specified in said permit and to
Inaintain continuously said pipe line so as to keep it free from leaks and
defects and interference with drainage on Railroad property.
4. in the event the Railroad should desire a change in the location
of said pipe lime or to build additional tracks near or adjacent to the existing
railway tracks, said City agrees and covenants that within thirty days after
receiving written notice to that effect, said City will make promptly such changes
in the location and laying of said pipe line as may be required by the Railroad,
and all ouch changes with reference to said pipe line shall be at the sole expense
of the City and in accordance with the specifications presented by the
Railroad.
S. it is understood and agreed that said City shall well and sufficiently
indemnify and save harmless the Railroad from all claims. demands, damages,
actions, coats and charges (including reasonable amounts for attorney's
fees) to which said Railroad may be subjected or which may result, or
which may be said to result, from the maintenance, use and operation of
said pipe line, including the construction, repair, or failure, in okay
manner of said line.
6. It is understood and agreed also that all rights granted under this
-3-
contract to said City are limited, and strictly subject, to rights and obligations
possessed by the Railroad under its agreement with the United States of America
with reference to the right -of-way used by the above described pipe line.
?. The said City has paid to the Railroad the sum of One Dollar
($ 1. 04) as a part of the consideration for this agreement, the receipt of which
is hereby acknowledged.
8. If at the termination of this agreement, said City has not
removed all of its property covered by this agreement from the Railroad's
right -of -way, it is understood and agreed that said Railroad shall have the full
right in its discretion to retain said property on said premises or to destroy,
abandon, sell, or otherwise dispose of the same without accounting to said
City by payment or otherwise for the value thereof, if any, or the proceeds of
any sale thereof. In any event, the Railroad shall have the right to recover
from said City all costs and expenses of removal of said pipe line if said City
does not remove said pipe line prior to the termination of this contract..
9. Alt obligations imposed by this contract shall be performable in
Nueces County, Texas, and binding upon the parties hereto, their successors
and assigns.
EXECUTED IN DUPLICATE on this day of April. 1955.
ATTEST:
Secretary, The Texas Mexican
Railway Company
ATTEST.
THE TEXAS AYRy?.ILWAY COMPANY
BY
R KSOK. RAILROAD"
President
,RAILROA "
CITY/ OF CORPUS CHRISTI
BY
"CITY"
-4_
THE STATE OF TEXAS D
COUNTY OF WEBB ()
Before me, the undersigned authority, a N'-nary Public in and for Webb
County, Texas on this day personally appeared R. E. Johnson, Nice President -
General, Manager of The Texas Mexican Railway Company, known to me to be
the person and officer whose name is subscribed to the foregoing instrument sXii
acknowledged to me that the sam . was the act of The Texas Mexican Railway
Company aforesaid, a corporation, and that he executed the same a:- the act of
such corporation for the purposes and consideration therein expressed, and in the
capacity therein stated,
Givers under my hand and seal of office this IdIlz daa of April, 1955.,
N O RY PUBLIC in and for WEBB
COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
Btforeime, the undersigned authority, a Notary Public in and for
Nueces County, Texas, on this day personally appeared
of the City of Corpus Christi, known to me to be the
person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act o the said City of Corpus Christi,
a municipal 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.
Given under my hand and seal of office this day of April, 1955.
NbTARY PUBLIC in and for Niueces
County. Texas
I
4° W.S. GAS MAIN
WEB13ER ROAD
R.R. STA. 403 +87
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R.R. STA. 456+12
8" W -S. GAS MAIN
I
EVERHART ROAD
THE TEXAS MEXICAN RAILWAY COMPANY
SKETCH SHOPPING
A" GAS LINE AND AN B" GAS LINE CROSSING THE TEX MEX NAVAL AIR
STATION LINE FOR THE CITY OF CORPUS CHRISTI, TEXAS
SCALE: 1" - 600l APRIL 4, 1955
CORPUS CHRIST' y TExA.S
1
X955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS HRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH I:" THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE' NECESSi7Y 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 INTRODUCEDy 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
Cr THE CITY COUNCIL,
RESPECTFULLY,
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHAR ?ER RULE WAS SUSPENO>D BY THE FOLLOWING VOTE..;
FARRELL De SMITH
WII NOR CULL I -
W. J. ROBERTB
P.. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE'
FARRELL D. SMITH
MINC`R CULLP
W. J. ROBrRTS
B. E. BIGLER
MANUEL P. MALDONADO
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