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HomeMy WebLinkAbout04471 ORD - 02/29/1956a�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r MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTES /T. CITY SEC E RY APPROVED AS TO LEGAL FO PA FEAR RY 29, 1956: CITY TTOR EY - 441 T.M. l Rev. THE STATE OF TEXAS COUNTY OF WEBB j THIS AGREEMENT entered into in Laredo, Texas, by and between The TntMe�raneilway$ ol:RTl „1 Texas cor- poration domiciled in Webb County, Texas, and hereafter called Railroad, and y ZZ LL pull lal�' I. 1 hereinafter called Permittee, witnesseth: 1. In consideration of the payment by Permittee to the Railroad of the sum of $ 1.00 and subject to the terms and conditions contained herein, The Railroad does hereby grant its permission for Permittee to lay, maintain, operate and repair for a term of one year, and thereafter, but subject to termi tin t y e after the effective date of this contract, upon sixty days' written notice by either party to the other, one _W 1yon Copper water T'YYYY YY.YYYYY �l4nreT ��xxr xasrYaraH7FX{1d§. Said line across the right -of -way shall be laid and installed at a depth of at least j feet below the top of the tie of the existing track. z. Said 1 -1/2 inch copper water - - - - - - - - line shall be IoeateAx&wWlthin the xmrPort� Avenue property of Tex Max' Corpus Chr$v&Jv saiexas. Said 1-1 Zit Copper Wgt QRte crossing is shown on the attached sketch and said sketch is made a part hereof, 3. It is understood and agreed that before said 1-1/211 copper water 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 Texas Mexican Railway Company, and the Permittee agrees to conform to the directions and instructions specified in said permit and to continuously maintain said line so as to keep it free from leaks or defects or from interference with drainage. 4. In the event the Railroad should desire for any reason a change in the location of said pipe line, the Permittee agrees and covenants that within thirty days f ft r f .ving written notice to that effect, said Permittee will make promptly such changes in the location and laying of said +^ / Sg C ©pper Water line as may be required by the Railroad, and all such changes with reference to said 1 -1/2`i copper Welter line shall be iat the sole expense of the Permittee and in accordance with the specifications presented by the Railroad. 5. It is further understood and agreed that the Permittee shall well and sufficiently indemnify and save harmless the Rail- road from all claiims, demands, damages, actions, costs and charges (including reasonable amounts for attorney's fee) to which said Railroad may be subjected or which may result, or asserted to result, from the maintenance, use and operations of said 1 -1/2” copper Water line in, on and across the Railroad's right -of -way, including the construction, repair, or failure in any manner of said line. Such indemnity shall include claims, demands, damages, actions, costs and charges (including reasonable amounts for attorney fees) sustained by Permittee, its agents and employees, and whether or not caused by negligence of the Railroad. 6. All obligations irnpmsed 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 17 day of February , 1956. THE TEXAS MEXICAN RAILWAY COMPANY By General Manager ATTEST: Secretary, The Texas Mexican Railway Company City of Corpus Christi City Secretary THE STATE OF TEXAS ' COUNTY OF WEBB BEFORE ME, The �ndersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared , 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 me that the same was the act of the said The Texas Mexican Railway Company, a 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 On this day of Notary Public, Webb County, Texas ., 19 N I42 43 c .c 75' m O m x i 3 n m z m m { r O it m 0 rr+ m 1 { F .. c m CD o r c 41 z N m m N I42 43 c .c 75' w C � N N h O m � J - m m � n m A N / 44 a 4 qty � rn I V ' 1 M1 a w � 45 I 75 i S. SAN JUAN ST. PLAZA is A7 O Y THE TEXAS MEXICAN RAILWAY COMPANY SKETCH SHOWING . LOCATICN OF CITY or CORPUS CHRISTI'S 1 -1/2" COPPER_WATER LINE TO SERVE CORPUS CHRISTI PRODUCE COMPANY. CORPUS CHRISTI, TEXAS SCALE: 1" - 201 FEBRUARY 10, 1956 m m x i 3 m x { it 0 rr+ 1 { w C � N N h O m � J - m m � n m A N / 44 a 4 qty � rn I V ' 1 M1 a w � 45 I 75 i S. SAN JUAN ST. PLAZA is A7 O Y THE TEXAS MEXICAN RAILWAY COMPANY SKETCH SHOWING . LOCATICN OF CITY or CORPUS CHRISTI'S 1 -1/2" COPPER_WATER LINE TO SERVE CORPUS CHRISTI PRODUCE COMPANY. CORPUS CHRISTI, TEXAS SCALE: 1" - 201 FEBRUARY 10, 1956 Cor Christi, Texas TO,,TM.IRIEBERS OF THE CITY COUNCIL Corpus,Christiy.Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ardiaameea; a pshlic emergency and imperative necessity exist for the saspen- siao: of, tb*,Charter rule or requirement that me ordinance or resolution shall be possed.fi.nally 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 CHRISM , TEXAS The Charter Rule was suspended by the following vote: Farrell D. Smith e21- 11 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 r