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Home My WebLink About04325 ORD - 08/31/1955AD:8/17/55 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A PRIVATE ROAD CROSSING CONTRACT BETWEEN TEXAS AND NEW ORLEANS RAILROAD COMPANY AND THE CITY OF CORPUS CHRISTI F01 'A CROSSING NEAR SANDIA TO SERVE PRIVATE ROAD EASEMEN ',OWNED BY THE CITY OF CORPUS CHRISTI ON THE LOU ELLA WADE LAND, COPY OF WHICH CONTRACT 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, FOR AND ON BEHALF OF SAID CITY, BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A PRIVATE ROAD CROSSING CONTRACT BETWEEN TEXAS AND NEW ORLEANS RAIL- ROAD COMPANY AND THE CITY OF CORPUS CHRISTI FOR A CROSSING NEAR SANDIA 70 SERVE A PRIVATE ROAD EASEMENT OWNED BY THE CITY OF CORPUS CHRISTI ON THE LOU ELLA WADE LAND, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID CONTRACT AS SET OUT IN A COPY OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT DESCRIBED IN SECTION 1 HEREOF 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 IT IS INTRODUCED AND THAT SUCH ORDINANCE OR 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 OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY 300 ORDAINED. J�a�`1{�'�PPROVED, THIS THE O 1 DAY OF , 1955• ATTE ,'* MAYOR THE CITY OF CORPUS CHRISTI, TEXAS TY C. r, S y APPROVED As fflu,".L �P� FOR .-AU J GUST 1 , I)55: I — TY AT 4325 A d es to form ; 1 2756 General Counsel Jan 12, 1954 General Attnr.ieys Je 12, 1954 PRIVATE ROAD CROSSING CONTRACT THIS AGREEMENT, entered into by and between Texas and New Orleans Railroad Company, called "First Party," and G= OF owns t 1 re"Went" * itr mm" called "Second - Party," WITNESSETH: In consideration of the payment of Two and no /100 Dollars ($2.00) per annum, to be paid by the Second Party to the First Party annually in advance, at the office of First Party's Treasurer in the City of Houston, Texas, First Party hereby grants to the Second Party the right to construct and thereafter use a private road crossing over First Party's tracks and property at Engineer's Station 53* Mile Post X9*33 , at or near 59MAdles dim uklux 002al s Us" , as shown by red lines on map attached, under the following terms and conditions: ��— Second Party will bear the cost of raising First Party's and Western Union Telegraph Company wire lines and will furnish all material and labor for, and will construct said crossing, including - installation of adequate drainage structures, in accordance with First Party's standard specifications and to the satisfaction of its Division Engineer. Second Party shall deposit with First Party, the sum ofTW tmidred thirtF VIM Dollars ( *33*C* ), which sum is the estimated cost of raising First Party's and Western Union Telegraph Company wire lines; should the actual cost be more than the amount deposited, the Second Part will promptly pay the difference, or should the cost be less, the First Party will promptly refund the difference. DOPORit Part NOOJ+:igf�� astim,ated cost to provide tLvAk sime The said crossing and appurtenances th x?efo, i 'chiding ai�s & any), culverts, embankments, etc., shall be maintained by Second Party in good repair adequate to serve the purpose intended at Second Party's expense. In event said crossing at all times, is equipped with gates, the Second Party agrees to keep the gates, on each side of said crossing closed and locked, except when actually passing through them, and should such gates be left open, or unlocked, and parties or stock not entitled to the use of said crossing, gain entrance to First Party's property through them, and be injured, or killed, the First Party shall have the right to close or remove the crossing without thereby incurring liability for damages to Second Party or to others using the premises with or without Second Party's permission. Second Party agrees to protect, save harmless and indemnify the First Party from all damages or expenses of whatsoever nature, including injury to and death of persons, injury to or killing of stock, or loss or damage to property, no matter how caused, growing out of the use of said crossing or the trespassing through or by means of said crossing on the right of way, property or tracks of the First Party, O a v*l wM be used owr track proper and First Part,rIv 3latUn FOremazl at :1rGM96 Gslo'va* ulaaticsn 482 will be noti ied Wien this pQrt oa' the wn Is to be &me so that he can be on hand to P-rote ct first Varty0s interests. iil7.ts a2":r. d be 4tt7 g replar wo*ing hours o% foreman, 6 Vi to 5 1K (Monday throvei .Pridayr) to *Mid AV t ISOa3ary expenso,. The crossing and appurtenances herein referred to are for the exclusive use of the Second Party, and neither this agreement nor such use shall be transferred or assigned to any other person, but nevertheless the provisions hereof shall run with the title to the abutting properties of the parties hereto, and inure to the benefit of and be binding upon the successive owners thereof. Either party shall have the right to cancel and terminate this agreement upon giving to the other written notice of fifteen days of its desire to do so, and upon expiration of said fifteen days, the First Party shall have the right to close said crossing and exclude the Second Party from the use thereof. Upon the cancellation or termination of this agreement Second Party or its successor in title shall at its expense remove said crossing, gates and all appurtenances and restore First Party's property to the condition, as nearly as possible, it was in on the date of this agreement and to the satisfaction of First Party's Division Engineer. EXECUTED IN DUPLICATE, by the parties hereto on this the 16*h day of &Ug"tr A. D. 19-Z TEXAS AND NEW ORLEANS RAILROAD COMPANY General Manager Afi to 43rn or omm eliii�i i -rr Caen APPR(NED AS TO LEGAL FORM AUGUST 1955: yj ' A /� ,/ T 7TORNEY 0 m4j IQ� = 7 ol m W � a 7 Skiclmcr� CORPUS C ISTI_, 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- 51ON 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER PULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI 116 0' W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO f `f 325