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Home My WebLink About04497 ORD - 04/11/1956AC:4/l /5F TEXAS I AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH MISSOURI PACIFIC RAILROAD COMPANY FOR A PIPELINE CROSSING LICENSE GIVING THE CITY PERMISSION 70 INSTALL A WATER LINE ALONG OR ACROSS RAILROAD RIGHT - OF —WAY NEAR CALALLEN, NUECES COUNTY, TEXAS, AS SHOWN ON THE MAP WHICH IS A PART OF SAID LICENSE, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; REPEALING ORDINANCE N0. 44642 PASSED AND APPROVED ON THE DAY OF FEBRUARY, 1956; AND DECLARING AN EMERGENCY. 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODRPUS CHRISTI, SECTIOfd 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH MISSOURI PACIFIC RAILROAD COMPANY, FOR A PIPE LINE LICENSE GIVING THE CITY PERMISSION TO INSTALL A 6" WATER LINE ALONG OR ACROSS RAILROAD RIGHT -OF -WAY NEAR CALALLEN, NrUUECES COUNTY, TEXAS, SAID LINE TO CROSS PREMISES AT ENGINEER'S CHAINING STATION 7820 1 36, AS SHOWN ON THE MAP ATTACHED TO THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT ORDINANCE N0. 4464, PASSED AND APPROVED ON THE 15TH DAY OF FEBRUARY, 1956, IS HEREBY REPEALED III ITS ENTIRETY. SECTION 3. THAT THE NECESSITY FOR PROVIDING ADEQUATE RIGHT -OF -WAY FOR THE PLACING OF SAID WATER LINE NEAR CALALLEN, TEXAS, CREATES A PUBLIC EMER- GENCY AND All 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 SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING 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 DAY OF APRIL, 1956. ATTEST:, 4� CITY SECR L T APPROVED AS TO LEGAL FORM APRIL // _ , 1956: CITY AT'f0{2NEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 4y9it MF Rd. F_ 4940 PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, March 29 , 19 56 , witneaaeth: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee (a muniC ga erR l'VYi�d'o. ), to be addressed at Co AS Christi Texas (sew. wheNer °'t3r a! d cote .herds cerp..ted) r r , hereby accepts, permission to install, keep and use, for conveying Water the Licensee's own certain continuous line of Rr, an tes, including steel pipe 6 inches in diameter, and appurtenances, including CB,Bingr herein called Pipe Line, on the Carriers property, herein called Premises. Pipe Line will be used for Conveying Water. Pip Lies shall intvsect Carrier's erdsfiog rights"~apdLy #rack >d*x at Engineer te Chaining Station 782036, in Nueceff (analgtoY Wd.hl teTexas at or near Calallen. , Approximate location of Pipe Line is indicated by yellow line on Exhibit A attached hereto u part bared. 1. Licensee shall furnish or do at Liemsee's own coat 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 to any physical change as made at soy time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least four and one -half feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit E attached hereto as part hereof. Said things, including the time and runner 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 under- taken by Carrier at Licensees request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. Licensee when return - ing this license (signed) shall pay to Carrier ten dollar for preparing it. Any other payment shall be made within twenty days following receipt of hill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover accounting and supervision, Carrier's cost price of all materials f. o. b. Carrier's mils, plus 10% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Carrier may connect with and discharge sewage into Pipe Line while serving as sewer. W 2 Licensee agrees to (a) indemnify and save harmless the Carrier from and against an claims, snits, damages, costs (including attorney's fees), losses and expenses, in any manner resulting from or arising out of the laying, maintenance, renewal, repair, use or existence of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused.. 3. Term hereof shall begin withr err 7 c 19 6 u and continue thereafter until concluded (tat) by expiration of thirty dais following serving; gnyy�idceffse3n Carrier, di vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election without further notice, by expiration of six months without the Pipe Line having been installed or by Licensee failing (a -1) to cure any default or (a -2) to show statutory right to install Pipe Line (b) within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line or when deposited, postage prepaid, in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove. Pipe Line and restore Premises Any of Pipe Line 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 representativice successors and assigns; provided: no right of Licensee shall be transferred or assigned, either voluntarily, or involuntarily, except , by express agreement acceptable to Carrier. Carrier or Licensee may waive apy default at any time of the other without affecting, or impairing any right arising from, any subsequent default. Amt Secretary E (.�FFU aYAI.) Ssoaraar WrMasgs: City APFRGV�) .a5 1`U LEGAL FG��4: ,.I TY 1'',7 T0 L:Y MISSOURI PACIFIC RA TZ= COMPANY As Carrim, arm plied herds. CITY OF CORPUS CM14.STI By X i I (Sea) �X91�1, �hereln Form 5687 -T RESOLUTION "BE IT RESOLVED, by the City Council of the City of Corpua Chrieti, a municipal corporation of the State of Texas, that r _ —,. said corporation's City" Manager , be and he is hereby duly authorized and fully emWered to enter into and execute, for and in the name of said corporation, one certain written agreement, dated�`h °'%7 19 56 , between said corporation and Miesouri Pacific H-ilroad Company , herein called Carrier, respecting among certain things the f tructiam, ovnerahip, Maintenance, and use of one certain 6-inch water pipe lime crosaing Carrier'e prmlees at Eagineer'e chaining Station 7820 l4 36, at or near Calallen, Nuecee 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 Secretary 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 (AFrlx SEAL) City serrxerr. r VVNNNV VVVjjj D� f- = T I Y f _ ` N M /11011,'l P,4C,6f= /C- z IN5S sr, c, 8. a R I/Yo�er .l oi� e C'rn,.rfir,� I Cf-4 TEXAS CORPUS CH�R,J,�STI l TEXAS _ r A; 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CH- RISTI� TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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: Ip 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, iviAY 0 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL] W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO G � THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH j. MINOR CULL[ W. Jo ROBERTS /! B. E. BIGLER tax MANUEL P. MALDONADO"� q49�