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HomeMy WebLinkAbout04486 ORD - 03/21/1956Ac :3/21/56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LICENSE AGREEMENT WITH TEXAS AND NEW ORLEANS RAIL- ROAD COMPANY WHEREBY THE RAILROAD COMPANY AGREES THAT THE CITY MAY INSTALL A 24' SEWER LINE ALONG POWER STREET, A COPY OF WHICH AGREEMENT 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, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A LICENSE AGREEMENT WITH TEXAS AND NEW ORLEANS RAILROAD COMPANY. WHEREBY THE RAILROAD COMPANY AGREES THAT THE CITYNAY INSTALL A 24" SEWER LINE ALONG POWER STREET IN THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR EXECUTING THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF IN ORDER THAT THE CITY MAY INSTALL SAID SEWER LINE 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 REGULAR 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 SHALL 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 DAY OF MARCH, 1956. APPROVED AS TO LEGAL FORM MARCH ( , 1956: ki(--,---;?// MAYOR THE CITY OF CORPUS CHRISTI, TEXAS (-11-at, Approved es to form; General Counsel 12/88/53 General Attorney. 12/28/68 LICENSE THIS AGREEMENT made and entered into by and between.TEXAS AND NEW ORLEANS RAILROAD COMPANY, First Party, hereinafter termed "Licensor;' and Ott? Or Coitus Christi, Nueces Cow, tenant herein represented by its) pgpX CITr MAi*acR Second Party, hereinafter termed "Licensee." WITNESSETH THAT: Licensor, in consideration of the faithful performance by Licensee of all its covenants and agreements herein con- tained, hereby permits Licensee, at its own sole cost and expense to construct, reconstruct, maintain and operate a 2411 Sewer line C OSSInghereinafter termed "Structure," at or near Corpus Christi, Emcee County , State of Texas ,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 ten feet. The locati and deacri tion said rylcture isspore artic,,Lrly cgabedt as tolioyv�� to -wit A 24'r sesrer L7.IIe ai©71� cetiLer o� .t'Q�r a'G. INFi6gt13Le W9t, to 6il!e Ceri'�ex' or Osp 3t. tag therefrom to a poi t3 r sou' I of the north Bide of Powxr St. s Oast 9 southwest one of Ile- E�thenee continuing northwesterly across > track (Tex JMem Transfer at Station � on �aexood�toaYsewerafd7iisspposal plant of Christi, cross along oIIswes si Yo Talaeaht�asalt l ack iia �e t side o sob ., as x(Tex Mex Transfer above mentioned) and where it crosses these tracks to be incased in a n if t c ' sub ltbt gti b7 ortir s elticald ; e' This agreement is made upon the following terms and conditions: oil - reerr ni Or /due Pct. 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. MIXIVOIMIN KIIa'Mf11iAXISfXilf XXXXWAi(9y�XXXXYX yaG� ARTICLE IIL 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 may be 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 ail work upon, or in connection with, said structure shall be done at such times and in ouch 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 change. in said structure as will prevent the interference. ARTICLE VI. This License is personal to Licensee, and in case Licensee shall attempt to assign or transfer the same, in whole or in part, without the previous written consent of the Licensor, this License nay, by notice from licensor to Licensee, be revoked. ARTICLE VII. In the event Licensee discontinues the use of said structure and abandons the same, or fails to keep, observe and perform any covenants on Licensee's part herein contained, all rights hereby given shall forthwith cease 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, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Lieersee agrees to refund to Licensor at1 ° expense Licensor m4y. be put to in removing and replacing tracks or other work required of it by Lieensee for installation of sewer under Li IN a yatriowt yy�agc� s. IN WIT ESS WHER OF, the parties hereto have caused these presents to be executed in duplicate on this the 25th day of February A D 19 56 Recommended: Chief Engineer. Bar TEXAS AND NEW ORLEANS RAILROAD COMPANY By General Manager. CITY OF CORPUS CEICESTI Licensor. eltrSeeretarY Xnur CITY MANAGER APPROVED AS TO LEGAL FORM NIRCH 21, 1956: CITY ATT!)RNEY Licensee. CORPUS C 515T1, TEXAS Cc ai n2 (, 1956 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 SUSPENSION 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; 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 RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS Be E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: " FARRELL D. `� /j�� SMITH Gr: MINOR CULLI /_/ W. J. ROBERTS 6?". , B. E. BIGLER 1;17-- MANUEL P. MALDONADO tL 9 Nvir ..5!rt 5 50 • } , • -.. r- sCiyM- tiJi. • yam': - y.t` p C. ...A0a, • • -- • • .4C' 1. t �+ .., • • 5 \d n, —4 1 a • • f f - SOUTHERN PACIFIC 'Lass a" IN TEXAS AND LOUISIANA T & NO- RE C O . Fro . 24" Sewer tine t a Serve. City of Corpus Christi • M. P. 149 O6 Cor. Chi 'Subs .. Scale in-1.00i. : Feb. 2, 1956- Ofe . Divn . Supt.-Victoria, ' az E.B. -)rN -_- LEGEi ed' Pro Sewer Line T-• • 6 L:, ,r