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Home My WebLink About04223 ORD - 05/25/1955AC:5/23/55 TEXAS: I vk; t 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, I.IHEREBY THE RAILROAD COMPANY GRANTS ITS PERMISSION FOR THE CITY TO LAY MAINTAIN OPERATE REPAIR REMOVE AND RE -LAY ONE 1 IJATER PIPE LINE ON AND ACROSS THE RAILROAD TRACK AND RAILROAD TRACK RIGHT OF WAY ABOUT 2, FEET WEST OF MILE POST 153 IN NUECES COUNTY, TEXAS, ACCORDING TO THE TERMS AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, DE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND Old BEHALF OF SAID CITY AN AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY, WHEREBY THE RAILROAD COMPANY GRANTS ITS PERMISSION FOR THE CITY TO LAY, MAINTAIN, OPERATE, REPAIR, REMOVE AND RE -LAY ONE (1) 48" WATER PIPE LINE ON AND ACROSS THE RAILROAD TRACK AND RAILROAD TRACK RIGHT OF WAY ABOUT 2,f57 FEET WEST OF MILE POST 153 IN NUECES COUNTY, TEXAS, ACCORDING TO THE TERMS AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR EXECUTING THE ABOVE MENTIONED AGREEMENT IN ORDER THAT THE CITY MAY INSTALL SAID WATER PIPE LINE CREATES A PUBLIC EMER- GENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY BPI THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE Oil RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OR RS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE el DAV of 1955• MAYIn THE CITY OF CORPUS CHRISTI, TEXAS AT /1 I CITY SECR TA LEGAA VED A L FORM: TY RNEY THE STATE OF TEXAS COUNTY OF WEBB 1 THIS AGREEMENT ENTERED INTO IN LANE**. TEXAS. BY AND BETWEEN THE TEXAS MEXICAN RAILWAY COMPANY. A TEXAS CORPORATION DOMICILED IN WEBB COUNTY, TEXAS, AND NEREAFTER CALLED RAILROAD. AND THE CITY Of CORPUS CHRISTI, HEREINAFTER CALLED PERMITTEE. UITNESSETH: 1, IN CONSIDERATION OF THE PAYMENT BY PERMITTEE TO THE RAILROAD OF THE SUM OF ONE DOLLAR ($1.00). AND SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN, THE RAILROAD DOES HEREBY GRANT ITS PERMISSION FOR PER- MITTEE TO LAY, MAINTAIN. OPERATE, REPAIR. REMOVE AND RE -LAY, FOR A TERM OF FIVE (5) YEARS. AND THEREAFTER, UNLESS TERMINATED BY ONE YEARS/ WRITTEN NOTICE BY EITHER PARTY TO THE OTHER, OF ONE (1) 48R WATER PIPE LINE, AS HEREINAFTER STATED, ON AND ACROSS THE RAILROAD TRACK AND RAILROAD TRACK RIGHT- OF-WAY. SAID 480 WATER PIPE LINE, INSOFAR AS THE SAME MAY BE ON} THROUGH OR ACROSS THE SAID RAILROAD RIGHT -OF -WAY, SMALL BE ENCLOSED AND ENCASED IN A CONDUIT FOR A DISTANCE OF AT LEAST FIFTEEN (151 FEET SOUTH FROM THE CENTER OF THE CENTER LINE OF RAILROAD'S MAIN RAILROAD TRACK AND EXTENDING A DISTANCE Of AT LEAST FIFTEEN (15) FEET NORTH FROM THE CENTER LIME OF THE SIDING TRACK KNOWN AS MORGAN SPUR. THE POINT OF SAID 48" WATER PIPE LINE SHALL BE LOCATED AT ABOUT 2757 FEET WEST OF MILE POST 133 IN NUECE$ COUNTY, TEXAS, AS IS SHOWN ON THE ATTACHED SKETCH, WHICH SKETCH IS MADE A PART HEREOF, 2. SAID 480 WATER PIPE LINE AND THE TOP OF THE CONDUIT WITHIN WHICH SAID WATER PIPE LINE 15 INSTALLED SHALL BE LAID AND INSTALLED AT A DEPTH OF AT LEAST 4.0 FEET BELOW THE TOP OF THE TIE Of THE EXISTING RAILROAD TRACK. 3. AFTER THE INSTALLATION OF SAID WATER PIPE LINE BEFORE ANY CHANGES OR REPAIRS ARE MADE AT ANY TIME, EXCEPT IN CASE OF AN EMERBERCY, A WRITTEN PERMIT FOR EACH SUCH OCCASION SHALL BE OBTAINED FROM THE GENERAL MANAGER'S OFFICE IN LAREDO, TEXAS, OF THE TEXAS MEXICAN RAILWAY COMPANY, AND THE PERMITTEE AGREES TO CONFORM TO THE DIRECTIONS AND INSTRUCTIONS GOVERNING WORK ON RAILROAD RIGHT -OF -WAY APPLICABLE TO THE SAID PIPE LINE CROSSING. IN EFFECT AT THE TIME OF THE ISSUANCE Of SUCH PERMIT, AND SUCH SPECIAL DIN- -1- ECTIOMS AND INSTRUCTIONS REGARDING PROTECTION OF THE RAILROAD USE OF SAID RAILROAD TRACK, SO AS TO AVOID ANY INTERFERENCE WITH SUCH RAILROAD OPERA- TION. PERMITTEE FURTHER AGREES TO CONTINUOUSLY MAINTAIN SAID WATER PIPE LINE SO AS TO KEEP IT FREE FROM LEAKS OR DEFECTS, OR FROM INTERFERENCE WITH DRAINAGE, 4. IT 15 FURTHER UNDERSTOOD AND AGREED THAT THE PERMITTEE SHALL WILL AND SUFFICIENTLY IMOEMMIFY AND SAYE HARMLESS THE RAILROAD FROM ALL CLAIMS* DIEHARDS, DAMAGES, ACTIONS, COSTS AND CHARGES (INCLUDING REASONABLE AMOUNTS FOR ATTORNEYIS FEES) TO WHICH SAID RAILROAD MAY BE SUBJECTED OR WHICH MAY RESULT. OR ASSERTED TO RESULT, FROM THE RAIMTENANCE, USE AND OPER- ATION OF SAID 489 INCH WATER LINE IN, ON AND ACROSS THE RAILROAD'S RIGHT- or-WAY, INCLUDING THE CONSTRUCTION, REPAIR, OR FAILURE IN ANY MANNER OF SAID LINE; PROVIDED THAT BEFORE ANY PAYMENTS ARE MADE TO ANY CLAIMANT, OR ANY EX- PENSE INCURRED IN INVESTIGATING OR DEFENDING AGA #MST ANY CLAIMS, DEMANDS. ACTIONS OR DAMAGES, THAT WRITTEN NOTICE OF THE NATURE Of SUCH CLAIM AND A REPORT OF SUCH FACTS AS ARE KNOWN TO RAILROAD SHALL BE GIVEN TO PERMITTEE AND PERMITTEE GIVEN AN OPPORTUNITY TO DEFEND AGAINST SUCH CLAIM, DEMAND. AC- TION, OR DAMAGE. 5. IN THE EVENT THE RAILROAD SHOULD DESIRE TO BUILD AN ADDI- TIONAL TRACK OR TRACKS NEAR OR ADJACENT TO THE EXISTING RAILWAY TRACKS, THE PERMITTEE AGREES AND COVENANTS THAT WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE TO THAT EFFECT SAID PERMITTEE WILL PROMPTLY CAUSE SAID PIPE LINE TO BE ENCLOSED AND ENCASED IN A CONDUIT FOR A DISTANCE Of AT LEAST FIFTEEN (15) FEET NORTH AND SOUTH FROM THE CENTER OF THE CENTER LINE OF SAID PROPOSED TRACK OR TRACKS. ALL SUCH CHANGES WITH REFERENCE TO SAID PIPE LINE SMALL BE AT THE SOLE ExPENSe OF THE PERMITTEE. 6. ALL OBLIGATIONS IMPOSED BY THIS CONTRACT SHALL BE PERFORM- ABLE IN NUECES COUNTY. TexAs, AND BINDING UPON THE PARTIES HERETO. THEIR SUCCESSORS AND ASSIGNS. EXECUTED IN DUPLICATE ON THIS DAY OF .1955. THE TEXAS MEXICAN RAILWAY COMPANY ATTESTS BY VICE PRESIDENT - GENERAL MANAGER SECRETARY, THE TEXAS MEXICAN RAILWAY COMPANY THE CITY Of CORPUS CHRISTI, TEXAS BY CITY MANAGER ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORNI CITY ATTORNEY THE STATE OF TEXAS p COUNTY OF WEBB' p BEFORE ME, THE UNDERSIGNED AUTHORITY, A NGEARY PUBLIC IN AND FDR WEBB COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED R. E. JONNiON, VICE PRESI- DENT- 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 AND ACKNOWLEDGED TO NE THAT THE SAME WAS THE ACT OF THE SAID THE TEXAS MEXICAN RAILWAY COMPANY, A CORPORATION, AND THAT HE EXECUTED THE SANE AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THLCAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE. THIS THE DAY OF , 1955. NOTARY - PUBLIC, NEBB COUNTY, TEXAS THE STATE OF TEXAS p COUNTY OF NUECES p BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED RUSSELL E. MCCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME 18 WSSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT INK SANE 4Ai THE ACT OF THE SAID CITY OP CORPUS CHRIST I, A MUNICIPAL COR ►ORATION, AND THAT HE EXECUTED THE SANE AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. 1955. G.VEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF NOTARY PUBLIC, NUECES COUNTY, TEXAS CORPUS CHRISTI) TEXAS J 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; 1) THEREFORE) HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED) OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY) MA THE CITY OF CORPUS CHRISTI) TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING 'DOTE; FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO �-f Z23 / 1