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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, T: T E� �i Tw I.. f 0171' SEC RETARYr APPROVED ASS TO LEGAL FORIl1: CITY ATrbN:IEY r r,%7 THE CITY OF CORPUS CHRISTI, TEXAS 4fks 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. -z- 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- 3- 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 Illk- 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 2 N JON HELD REALTY CO m x o • c r z A x O O r K� � m x z b N r 2 • m D O � n � 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 v N JON HELD REALTY CO m n x o n s 0 0 o � r z m x I � o x 3 m x z D � r • m D o O D o I I i 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 41 xs C� .Q