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Home My WebLink About04254 ORD - 06/29/1955AG:S/21/55 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR ANO ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE- MENT WITH TEXAS AND NEW ORLEANS RAILROAD COMPANY FOR THE CONSTRUCTION OF A 2' GAS LINE CROSSING 13Y RAILROAD COMPANY, A COPY OF WHICH AGREEMENT 15 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 I' +IANAGER BE, AND HE IS HEREBY, AUTHORIZED, AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH TEXAS AND NEW ORLEANS RAILROAD COMPANY FOR THE CONSTRUCTION OF A 2° WRAPPED STEEL GAS MAIN IN A 11" STEEL CASING UNDER CORPUS CHRISTI SUBDIVISION MAIN TRACK ANO ACROSS ITS RIGHT OF WAY AT AN OBLIQUE ANGLE AT ENGINEERt STATION 4607+33.5, MILE POST 1118.23, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR EXECUTING THE ABOVE MENTIONED AGREE- 14ENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 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 PASSED AND APPROVED THIS THE A 7 DAY OF JUNE, 1955. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTES CITY SEICA ET RY APpjROVE(J AS TO LEGAL FORM: CITY ATTO k�� 6Vprove a to farm: General Att...l 12/2e/53 LICENSE L-2746 era Genl Attorneys 12/28/65 T,,HIS AGREEMENT made and entered into by and between TEXAS AND NEW ORLEANS RAILROAD COMPAN"*.. ` ° . Virst Party, hereinafter termed "Licensor," and CITY OF CORPU$ CHUSTI, Herein represented by its Mayor Second Party, hereinafter termed "licensee." WITNESSETH THAT: lic nsor, in consideration of the faithful performance by Licensee of all its covenants and agreements herein con - tain y permits Licensee, at its own sole cost and expense to construct, reconstruct, maintain and operate a V g0Z line Crol3Mrhereinafter termed 'Structure," at>mcm Gorpua Christi, iiuecea 4ounty , State of TeS s ing , in the location shown by red lines on the map hereto attached and made a part hereof. The said Structure to be constructed ,beneath the surface of the ground, at a depth of not less than three feet. The location and description of said Structure is more particularly described as follows, to -wit: ,A pct Wravo d Stae1 gas main in z 411 steel Casing under IUoenscrts Corpus Christi idW visiwi ,T( :alll 'track and aerosc its ri�,?ht of ws :y at an oblique an --Io at 1 nci;eerts itaticn ra'aQ'j +3;.�� L-Iile Fort 146 -23; said installation to be made by boring under track prosper and in accordance with 3a:mnsorfs Standard Drawing CS M-0, adopted Dec. 1, 1921, last revised Ccuob ar 19,. 1%"11 i r This agreement is made upon the following terms and conditions: ARTICLE L Licensee hereby acknowledges the title to Licensor in and to the premises described in this agreement and agrees never to assail or resist said title. ARTICLE II. For such use of said premises. Licensee shall pay Licensor on presentation of bill therefor, a rental of One and LTOAW ($1*00 ) Dollars per year, payable annually in advance at the office of the licensor'@ Treasurer in the City of Houston, Texas. ARTICLE ILL Licensee agrees to indemnify and save harmless Licensor from and against any and all loss, damage, liability, cost and expense which Licensor may(sustain or bear or to which Licensor maybe put, resulting directly or indirectly in any manner from the location, construction, maintenance, repair, replacement, use, operation or presence of said structure and its appurtenances on or beneath the premises hereinbefore specified. ARTICLE' IV. Licensee and the agents and employees of Licensee shall have the privilege of entry on said premises for the purpose of making necessary repairs to or changes in said structure, and Licensee agrees to keep said premises at all times in a good and safe condition, free from waste, all to the satisfaction of Licensor. ARTICLE V. Licensee agrees that all work upon, or in connection with, said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of the Licensor, and that the location of said structure and all work in connection therewith shall be done to the satisfaction of Licensor. In the event the said structure should at any time interfere with the construction of any building or other improve- ments of Licensor, or its tenants, now or which may hereafter be constructed, the Licensee agrees to make such changes in aid structure as will prevent the interference. ARTICLE VI. Ilia License is personal to Licensee, and in ease Licensee shall attempt to assign or transfer the same, in whole or in part, without the previous written consent of the Licensor, this License may, by notice from Licensor to Licensee, be revoked. ARTICLE VII. In the event Licensee discontinues the an of said structure and abandons the mine, or fails to keep, observe and p ?rform any covenants on Licensee's part herein contained, all rights hereby given phall forthwith tease and determine and Licensee thereupon shall remove said structure and restore the premises as nearly as possible to the same state and condition they were in prior to the installation of said structure. Should Licensee fail, neglect or refuse to remove said structure and restore said premises, such removal and restoration may be performed by Licensor at the expense of Licen- see, which expense Licensee agrees to pay to Licensor on demand. ARTICLE VIII. If and whenever work of any kind or character is to be performed or done by a contractor for Licensee, Licensor hereby reserves the right to require the said contractor to enter into a written agreement with Licensor satisfactory to it, and to require also the contractor performing the work to give an indemnity bond in favor of Licensor in such amount as Licensor shall specify before permitting any such contractor to perform or do any of said work upon the premises hereinabove specified. ARTICLE IX. In case Licensor shall bring suit to compel performance of or to recover for breach of, any covenant, agreement or condition herein written, Licensee shall and will pay to Licensor reasonable Attorney's Fees in addition to the amount of the judgment recovered and costs. ARTICLE X. Except as otherwise provided herein, e terms and conditions of this agreement shall inure to the benefit of and be binding upon the successors and aui th gns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on this the l :T -day of Ju12 f A. D. ]9 . Recommended: Chief Engineer, TEXAS AND NEW ORLEANS RAILROAD COMPANY Ey General Manager. Licensor. ,ATESTEDi GUY O F QfHMTI EV City �Crot"7 Its iH4m Licensee. c DRAWING !SIC; U j T_ _. y I i x No. 44 I _ T s ' f / SOUTHERN PACIFIC LLW o' IN TEYAS & LOMIANA T & NO RR CO, Pro. 2^ gas line Ring to serve &(1 / City of Corpus Christi Corpus Christi P N.P. 118,23 Corpus Chi. Sub. t� /�� r J / scale 1n -1001 May 16, 1955 P, Ofc. Divn. Supt Victoria, Texas LEQI�D WJS p / - - - SD.Red Pro. R-�ng (Brown) T&NO R/W CORPUS CHRIST9y TEXAS 1955 TO THE MEMBERS OF THE CITE 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• SIGN 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, THEREFOREy 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, MAYO Y THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL De 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 � Z5� I , n r i