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Home My WebLink About04224 ORD - 05/25/1955AG:5/20/55 TEXAS: 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 FOR THE CITY TO LAY A ilWO -INCH WRAPPED STEEL GAS PIPELINE ON, UNDER AND ACROSS THE RALLtWAY COMPANY'S RIGHT OF b1AY, SUBJECT TO THE TERP45 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 FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR THE CITY TO LAY ATWO -INCH WRAPPED STEEL GAS PIPE LINE ON, UNDER AND ACROSS THE RAILWAY COMPANY'S RIGHT OF WAY AT ITS ENGINEERING STATION 508 + 90, OF THE NAVAL AIR BASE LINE Iii NUECES F,OUNTY, TEXAS, SUBJECT 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 LEASE AGREEMENT MENTIONED IN SECTION 1 HEREOF IN ORDER THAT THE CITY MAY LAY A TWO -INCH WRAPPED STEEL GAS PIPELINE CREATES A PUBLIC EMERCENCY AND PUBLIC 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 711AT SUCH ORDINANCE OR RESO- LUTION 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 CHAPTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS 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 DAY OF / , 1955. / '7 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: r CITY SECRETARY APPR ED AS TO EGAL FORM: I CTY ` TOR Y THE STATE or TEXAS # COUNTY Or WEBS # WHEREAS, By virtue at 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 liueces 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 two -inch wrapped steel gas pipeline on, under and across The Texas Mexican Railway Company's right -of -way at what 3s known as its Engineering Station 506 -yL90, of the Naval Air Base Line in Nocces 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 bereoff and WHEREAS. Subject to the terms mad conditions stated below. The Texas Mexican Railway Company has so abjection to the crossing of said lino insofar as said Railway Company's operations are concerned: NOW. THEREFORE. KNOW ALL MEN BY THESE PRESENTS, That The Texas Mexican Railway Company, a Texas corporation domiciled in Webb County, Texas, hereinafter called RAILROAD. and tba City of Corpus Christi. a municipal corporation, boreleafter called CITY. do hereby enter late the following agreements 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 contract upon sixty days' written notice by either party to the other, one two - inch wrapped gas pipeline as hereinafter stated. Said pipeline while crossing the Railroad's right -of -way shall be last" of a four inch pipe casing sad shall be installed and maintained at all times in the proper and protected manner. Said pipe line shall be placed at least ; A-- feet below the top of the ties. 2. Said pipe line shalt be located on Railroad's right- oftway as snown 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 written permit for each such occasion shall be obtained from the General Manager's Office in Laredo. Texas, of the Rat I road, and the City hereby agrees to conform 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 interference with drainage on 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 line 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 laity and in accordance with the specifications presented by the Railrrad. S. It is understood and agreed that said City shall well and suffi- ciently indemnify and save harmless the Railroad from all elairns, demands, damages, actions, costs and charges (including reasonable amounts for attorney' 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 any manner of said line. 6. It is understood and agreed also that all rights ,granted under this contract to said City are limiter!, and strictly subject, to rights and obligations possessed by the Railroad under its agreement with the United States of _anmerica with reference to the right -of -way used by the above des- cribed pile lino. 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. g. 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 fail 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- meet 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. 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 May, 1955. THE TEXAS MEXICAN RAILWAY COMPANY BY R. E. Johnson. Vice Prestdent "RAILROAD" ATTEST: Secretary, The Texas Mexican Railway Company CITY OF CORPUS CHRISTI BY "CITY" THL STATE OF TEXAS COUNTY OF W EBB j BEFORE ME. The undersigned authority, a Notary Public in and for Webb County, Texas, on this day per soually appeased R. E. Johnson. Vice president - General Manager of The T exam Mexican Railway Company. known to me to be the person and officer whose name is subscribed to the fore - golag instrument and acknowledged to me that the same was the act of The I exam Mexican Railway Company, aforesaid, a corporation. and that he executed the same as the act of such corporation for the purposes and consideration therein expressed. and to the capacity therein stated. GIVEN UNDER MY HAND AND SELL OF OFFICE. This day of May. 1955. raye5a"r+ +.t. Notary Public, Webb County, Texas . ieaalgn315ir?J Ji WE THE STATE OF TEXAS COUNTY OF NUECES j BEFORE ME. The undersigned authority, a Notary Public in and for Nueces County, Texas. on this day psrsomlly appeared ---Tw.-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 May, 1955. Notary Public, Nuecss Couhty, Texas D D = r O n r r � { m n N m � r O - D ' z O m 4o' 2d 2d DUMP ROAD ' _ 2° W.S. GAS LINE IN4 °CASING STA. 506 +90 i C.PaL CO. PS. 507+56.6 i HARRIS CONCRETE CO. 2 E'K �A THE TEXAS MEXICAN RAILWAY COWANY SKETCH SHOWING 2" W. S. GAS LIKE IN 4" CASING FOR THE CITY Off'CORPUS CHRISTI NUECES COUNTY SCALE; 1" - 1001 MAY 7, 1955 CORPUS OHRISTIy 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, ' 'Lx/_ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE. FARRELL Ds SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO `faa� +.r I✓