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Home My WebLink About04464 ORD - 02/15/1956AC :2/14/56 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING TIME CITY 'TANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH GUY A. THOMPSON TRUSTEE, THE ST. LOUIS, BRUdNSVILLE ARID MEXICO RAILWAY COMPANY, DEBTOR, FOR A PIPELINE AND CANAL CROSSINGLICENSE GIVING THE CITY PERMISSION TO INSTALL A " WATER LINE ALONG OR ACROSS RAILROAD RIGHT -OF -'WAY NEAR CALALLEN, NUECES COUNTY, TEXAS, AS SHOWN ON THE MAP WHICH 13 A PART OF SAID LICENSE, A COPY OF WHICH CONTRACT AND LICENSE IS ATTACHED HERETO AND 'MADE A PART HEREOF; AND DECLAPING AN EMERGENCY. BE IT ORDAINED: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HERESY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH GUY A. THOMPSON, TRUSTEE, THE ST. LOUIS, BROWNSVILLE AND 'MEXICO RAILWAY COMPANY, DEBTOR, FOR A PIPE LINE AND CANAL CROSSING LICENSE GIVING THE CITY PERMISSION TO INSTALL A 6" WATER LINEALONG OR ACROSS RAILROAD RIGHT -OF -WAY NEAR CALALLEN, f�IUECES COUNTY, TEXAS, SAID LINE TO CROSS PREMISES AT ENGINEER'S CHAINING STATION 7820 + 36, AS SHOWN Ohl THE MAP ATTACHED TO THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE NECESSITY FOR PROVIDING ADEQUATE RIGHT -OF -WAY FOR THE PLACING OF SAID WATER LINE NEAR CALALLEN, TEXAS, CREATES A PUBLIC EMER- GEHCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE 5USPENSION 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 SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE DE 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. TFIIS THE /Jr.AY OF FEBRUARY, 1956. ATTEST:_., CIT)' SECRET RY /' I L APPROVED AS T�_LEGAL FORM FEBRUARY / , 1556: CITY ATT f(IEY MAYOR THE CITY OF CD^ U� CI-I�RI l % TEXAS Iv ,1 \�� 4. Foam 4sraT PIPE LINE AND CANAL CROSSING LICENSE This instrument executed in duplicate on thi"th_..day of .... ....... ebruary ..... ......... A. D. 19yj� .., WITNESSETH: The undersigned Carrier hereby grants, solely on the herein expressed terms and conditions, and the undersigned Licensee- r.D3t7r..oi -= ...L4> 3�t,i� -w 8�p&sl--oarpm�tle - ef—hhe Sterbea' o 11PxaV-j--t:z'-b�.. adHrened ..at -. Coallut-- Christ# y -TexaB ------------ ---- ------ hereby accepts, permission to install, keep, and use, free of charge, for conveying..- date„ r -- 0- i- b— U110....._... --- .._ --- - _...____.___._along or across the right of way or other grounds constituting a part of Carrier's railroad (hereinafter called premises) at or nears.` 8.. 31�2niri110CL 'E- i0U11t�rrJ,'e_1W6- a certain pipe line (or canal and /or flume), the same to cross premises at- .._....BagiTleerlE.- Chaining. - Station - --- ....._ 784 ._k 3,6-_..__. ------------------------------------------------------------------------ I and otherwise to be located as shown by..�_i,.1VW ... line........ and said right of way if limited to any track, by mauve line, but, if wider, by. ....... red . -. lines on the map or plat marked Exhibit "A" and hereto attached and made a part hereof. 1. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line (or canal and /or flume) to any, physical change as made at any time in any of Carrier's property; at all times keeping upper surface of any pipe line or canal .and /or flume at. least :____._.. ........ four feet below bottom of rail thereover. Licensee shall cause any Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit "B" attached hereto so part hereof; obtaining Exhibit B, if missing, from Carrier. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee, at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall, in advance, deposit with Carrier the estimated cost thereof. If deposit be lees than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier ten dollars for preparing it. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover accounting and supervision, and Carrier's cost price of all ma- terials f. o. b. Carrier's rails plus 10ol to cover handling and accounting, plus freight at tariff to point of use. Carrier may connect with and discharge sewage into Pipe Line while serving as sewer. 2. Licensee agrees to indemnify and hold harmless the Carrier from all liability, damage and expense, including attorney's fees and costs, which the Carrier may incur or suffer, caused by the intallation, maintenance, existence or use of Pipe Line (or canal and /or flume). 3. Term hereof shall begin with the .....3let...._.day of._&ZIUM ._....._.....19.6_ and continue thereafter indefinitely as long as Licensee shall perform the covenants hereof and shall reasobably need rn its business the permission granted hereby and shall not abandon the said Pipe Line. (or canal and /or flume). In the event Licensee shall fail to perforce( the covenants hereof, or shall not rehsonably need in its business the permission granted hereby, or shall abandon the said Pipe Line (or canal and /or flume), the term hereof may be terminated by expiration of thirty days following serving, by Carrier on Licensee of written .notice of intention to end term hereof. Term hereof may also be concluded by expiration of thirty ag8v�i e��vtr ley Ific�nsee on Car ier ofwT itt�n notice oY i8tent�'9n t end term )�ereo. Au �otice of Carrier. 0411 e os a consprcuous�y on ]'rpe ma or can an or ume) or when eposr a ,postage prepaid, m U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe Line (or canal and /or flume) and restore premises. Any of Pipe Line'(or canal and /or flume) not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided, no right of Licensee shall be transferred or assigned either voluntarily or involuntarily except by ex- press agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting or impairing any right arising from, any subsequent default. ATTEST: v= '". THOMPSoiF THWTA . .__....._.... e ((AM. Seal) Secrelery Far r Truatae ATTEST: (Aff�ir See'1 it Secretary X B.Clause attached to original and duplicate Approved as to form: APPROVED: i I TM, -T. LOUIS, BROW.WavTT.I.1:' 'm MEKICO xX P.1LWAY COPS. := DFMTOR Director of Industrial Development "CARRIER" CM or CORPUS CHRLMI ...... ..... ............................ii. i........._. .------ ..._...._....._._.__._.. ,� "LICENSEE" Hayor APPROVED: _ _ .............. ....................................................... ........................... ......__....._.._.._........... ....... ..- 'A357sF4Ht'C}Vief'Enisiiieer .............._. General l[aoaaar u " General Attorney. Form 5534 -T RESOLUTION "BE IT RESOLVED, by the . City- Council of the City of Corpus Christi, a municipal corporation of the Mate of Texas, that � (xz==xzxzxzxzx>W Gaid corporation's Nayc�r , be and he is hereby duly authorized and fully empowered to `�enter into and execute, for and in the name of said corporation, one certain written agreement, dated Februsry 7, 1956, X# , between said corporation and Guy A. on, Tr=tee, The ft. mss, Browneville and Mexico Railway Company, Debtor, , herein called Carrier, respecting among certain things the construction, ownership, maintenance, and use of one certain 6 -inch water pipe line crossing Carr errs premises at tng nseer'e Chaining Station 7820A6, at or near Calallen, Nueeee County, Texas, all as more particularly set out in said agreement, to which reference is made the same as if fully set out herein." I, _ __ _ , as City 5eeretary of said corporation, do hereby certify that the above and foregoing is a true copy of the resolution duly passed, approved and adopted, as by law prescribed, by and on be- half of said corporation by its City council on '19 56. IN TESTIMONY WHEREOF, witness my seal, and signature hereto affixed 1956 19 (AFFIX SEAL) city Secretary. ,� - -- c a N , i N y ' I i te77 L. i Car Christi, Texas r -- r. A TO TiK MEMBERS OF THE CITY COUNCIL Corpus. Chri-stiy._Texas Gentlemen: For the reasons set forth in the ewrgency clause of the foregoing ordinamceo a public emergency and imperative necessity exist for the suspen- siaunof 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, 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 vote: Farrell D. Smith Minor Culli W, J. Roberts B. E. Bigler � Manuel P, Maldonado � y (0�