HomeMy WebLinkAbout04619 ORD - 09/05/1956AN ORDINANCE
GRANTING TO THE TEXAS MEXICAN RAILWAY C(YdPANY A FRANCHISE
TO CONSTRUCT, MAINTAIN, AND OPERATE A RAILROAD SIDETRACK
UPON AND ACROSS A PORTION OF HIGHrlAY 1+11 AT APPROXH- IATELY
1 000 FEET WEST OF THE INTERSECTION OF HIGHWAY 4).' AND BALD -JIN
BOULEVARD IN THE CITY OF CORPUS CHRISTI, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TE7G6,
SECTION 1. A TEMPORARY FRANCHISE 15 HEREBY G ^,ANTED TO THE TEXAS MEXICAN
RAIL14AY COMPANY TO CONSTRUCT, MAINTAIN, AND OPERATE A SIDETRACK OVER AND ACi055 HIGHWAY
1,14 APPROXIMATELY SIXTEEN HUNDRED FEET (16001) WEST OF THE INTERSECTION OF THIS HIGHWAY
AND ALDWIN BOULEVARD IN THE CITY OF CORPUS rHRI ST I, TEXAS, TO AFFORD CONNECTIONS TO
THE OWNERS OR USEiiS OF INDUSTRIAL PLANTS AND BUSINESS ESTABLISHMENTS SITUATED WITHIN THE
PYtOPEP.TY REFERI ^.ED TO BELOW. UPON CONSTRUCTION OF A PERMANENT CROSSING UNDER THE GRANT
CONTAINED IN SECTION 2 HEREOF, THIS 7EMPORARY FRANCHISE AT SUCH TEMPORARY LOCATION SHALL
AUTOMATICALLY TERMINATE. SHOULD OPPOi;TUNITY FOR CONSTRUCTION OF PERMANENT CROSSING UNDER
THE GRANT CONTAINED IN SECTION 2 HEREOF OCCUR, BUT THROUGH FAULT OF GRANTEE TO ENTER INTO
PROPER AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT OR FAILURE TO CARRY OUT THE TERMS OF
ANY SUCH AGREEMENT TO THE EXTENT THAT SUCH PERMANENT CROSSING IS HOT CONSTRUCTED UNDER
THE GRANT PROVIDED IN SECTION 2 HEREOF, THEN THIS FRANCHISE SHALL AUTOMATICALLY TERMINATE.
SECTION 2. IN ADDITION TO THE FRANCHISE GRANTED IN SECTION 1 OF THIS
ORDINANCE RELATING TO A SIDETRACK OVEN AND ACROSS HIGHWAY 441 AT THE LOCATION DESIGNATED
IN SAID SECTION, A FRANCHISE FeIGHT IS HEREBY GRANTED TO THE TEXAS IMEXICAN RAILWAY COMPANY
TO CONSTRUCT, MAINTAIN, AND OPERATE A SIDETRACK OVER AND ACROSS HIGHWAY 411 AT SOME POINT
DETWEEN FLATO ROAD AND AlnPORT ROAD OTHER THAN THE LOCATION DESIGNATED IN SECTION 1, AND
ACCEPTABLE TO THE TEXAS HIGHWAY DEPARTMENT AND THE CITY OF CORPUS CHRISTI, TO CONFORM
TO THE GRADE INTEFCHANGE OF THE NEW EXPRESSWAYS PROVIDED, HOWEVER, THAT ACTUAL USE OF
SAID AL7FRNATE FRANCHISE iEIGHTS BY THE TEXAS MEXICAN RAILWAY COMPANY, ITS SUCCESSORS
ARID ASSIGNS, SHALL HOT COMMENCE UNLESS AND UNTIL THE FRANCHISE RIGHT GRANTED IN SECTION
1 RELATING TO A SIDETi °,ACK SHALL HAVE BEEN TERMINATED, CANCELLED, OR FORFEITED) BECAUSE
OF, IN CONNECTION WITH, Or SUBSTANTIALLY AT THE SAME 7Ii1E AS THE DESIGNATED IMPROVEMENT
AND USE OF HIGHWAY '-4 AS AN EXPRESS HIGHWAY, AND PP;OVIDED THE TEXAS MEXICAN RAILWAY
C014PANY WILL AT ITS EXPENSE MOVE SUCH CROSSING TO THE LOCATION OF SUCH INTERCHANGE
AS MAYBE SO DESIGNATED, AND THAT IT WILL 1'AY THE ADDITIONAL COST OF A Di�IDGE CROSSING
.All- T;AFFIC,`OVEC THE COST rp A DPIDGE SUFFICIENT TO CI,'OSS HIGHWAY TNAFFIC)QHLY, AND
AS DESIGNED IN THE DISCNETIOH OF THE fIIGHWAY DEPAIRTidLIIT. IN THE EVENT SUCH TEMPOPIA ?Y
CROSSING IS .,'d AIJDOiIED, TI -TEN SAME SHALL EE REMOVED AT THE COST OF THE TEXAS (,'IEXICAPI
RAILWAY CC:IPANY, ITS SUCCESSOi ".S AND ASSIGNS. IT IS AGr:EED THAT IH THL EVEIJT THE LOCATION
FON THE Cf ^.OSSINIJ CF HIGHWAY 41L AS I11PI :CVED, HAS SEEN
4�ei9
DESIGNATED BY THE TEXAS HIGHWAY DEPARTMENT PRIOR TO THE TIME OF COMMENCEMENT
OF THE WORT( OF CONSTRUCTION OF SUCH CROSSING, SUCH CROSSING SHALL IN THE FIRST
INSTANCE BE LOCATED AT SUCH POINT AS IS DESIGNATED BY THE TEXAS HIGHWAY DEPART-
MENT TO CONFORM TO THE GRADE INTERCHANGE OF THE NEW EXPRESSWAY.
SECTION 3. CORPUS CHRISTI INDUSTRIAL PROPERTIES INC.p IS AT
THIS TIME DEVELOPING AS AN INDUSTRIAL SUBDIVISIONS APPROXIMATELY 61.239 ACRES
OF LAND OWNED BY SAID CORPORATION AND SITUATED SOUTH OF HIGHWAY 111E OUT OF J. C.
RUSSELL FARM OLOCK 17p AS SHOWN ON THE MAP OR PLAT THEREOF II'd THE OFFICE OF
THE COUNTY CLERIC OF NUECES COUNTY TEXAS. THIS FRANCHISE IS GRANTED FOR THE
PURPOSE OF AFFORDING RAIL CONNECTIONS TO THE OWNERS OR USERS OF ANY INDUSTRIAL
PLANTS OR BUSINESS ESTABLISHMENTS TO DE SITUATED WITHIN SAID INDUSTRIAL BUD—
DIVISION OF APPROXIMATELY 61.23 ACRES, AND IT IS ESPECIALLY STIPULATED THAT
TRACi(S LAID SHALL 8E ENTIRELY WITHIN SAID U1 .239 ACRES EXCEPT EPT FDR THE CROSSIIG
OF HIGHWAY X41 :, THE PRIVILEGE OF CROSSING SUCH HIGHWAY, SUBJECT TO THE TERMS
HEREOF, IS HEREBY GRANTCD, AND FOR CROSSING A SMALL PORTION OF J. C. RUSSELL tt
FARI +I 61 —OCKX 13 SUFFICIENT TO PROVIDE FOR THE CURVE OF THE TRACK FROM HIGHWAY 1i.4
TO ENTER THE WEST SIDE DF THE ABOVE OESCRI BED 61.239 ACRE TRACT AS NEAR THE NORTH-
WEST CORNER THEHEDF AS PRACTICABLE, AND E'(CEPT FOR THE EXTEH5101'! OF SWITCH TRACKS
INTO J. C. RUSSELL FART -1 DLOCI: 16 APPROXIMATELY ''M FEET; NOT TO EXTEND, HOWEVER,
DEYGHD THE SOUTH UCUNDA,,Y LINE OF THE PORTION OF SAIDBLOCK 16 ALREADY ZONED
FOR LIGHT INDU5TRIAL USES EXCEPT WITH THE PRIOR APPROVAL OF THE CITY. HOWEVER,
THE GRANTEE AGREES THAT UPON REQUEST OF THE CITY PROVIDED THE GRANTEE IS FURNISHED
WITH THE i;IGHT OF WAY EASEMENT WITHOUT EJ(PENS'E TO ITS IT WILL EXTEND ITS TRACKS
CONNECTED TO THE CROSSING HEREBY AUTHORIZED FOR THE USE OF THE CITY AND/OR OTHERS,
SUCH EXTEt.!SION TO BE MADE- UPON T;IE OASIS OF REIMBURSEMENT TO THE GRANTEE OF THE
ACTUAL COST OF SUCH EXTENSION.
SECTION 4. THE TEXAS NJEXICAN RAILWAY COMPANY IS HEREBY AUTHORIZED
TO ASSIGN THE FRANCHISE RIGHTS CONTAINED HEREIN TO ANY COMMON CARRIER OR CARRIERS
OPERATING OR USING THE TRACKS REFERRED TO ABOVE FO';: THE PURPOSES STATED IH THIS
ORDINANCE AND SUBJECT TO ITS PROVISIONS. SHOULD THE TEXAS
-2-
MEXICAN RAILWAY COMPANY, OR ANY ASSIGNEE THEREOF, FAIL AT ANY TIME TO
CONSTITUTE A COMMON CARRIER, SAID FRANCHISE SHALL TERMINATE AND HAVE NO
FURTHER FORCE OR EFFECT UNLESS IT IS ASSIGNED TO SUCH A COMMON CARRIER
WITHIN SIXTY (60) DAYS AFTER NOTICE TO THE TEXAS MEXICAN RAILWAY COMPANY
THAT THE CITY OF CORPUS CHRISTI HAS FOUND THAT SAID PARTY DOES NOT CON-
STITUTE A COMMON CARRIER. ANY SUCH ASSIGNMENT SHALL REQUIRE AS A PRE-
REQUISITE TO ITS VALIDITY THE AGREEMENT OF THE ASSIGNEE TO ACCEPT AND BE
BOUND BY THE PROVISIONS OF THIS INSTRUMENT FOR THE TERM OF THE ASSIGNMENT
AND THE DELIVERY TO THE CITY OF CORPUS CHRISTI OF AN INSTRUMENT DULY EXE-
CUTED BY SAID ASSIGNEE RECOGNIZING AND STATING THE SAME.
SECTION 5. INSOFAR AS SAID SIDETRACK CROSSES AND IS SITUATED
UPON PUBLIC PROPERTY, IT SHALL BE CONSTRUCTED AS FAR AS GRADE, ALIGNMENT,
AND DRAINAGE ARE CONCERNED ONLY AFTER APPROVAL IN WRITING OF SUCH GRADE,
ALIGNMENT, AND DRAINAGE IS RECEIVED FROM THE DIRECTOR OF PUBLIC WORKS OF
THE CITY OF CORPUS CHRISTI, AND AFTER RECEIPT BY THE CITY OF APPROVAL OF
THE TEXAS HIGHWAY DEPARTMENT AS TO ALL ASPECTS OF THE PROJECT.
SECTION 6. IN THE CONSTRUCTION AND MAINTENANCE OF SAID TRACKS,
SAID PORTION OF HIGHWAY 44 SHALL AT ALL TIMES WITHOUT COST OR EXPENSE TO
THE CITY OF CORPUS CHRISTI BE RESTORED AND MAINTAINED IN AS GOOD CONDITION
AS THE SAME WAS AT THE TIME OF THE CONSTRUCTION OF SAID TRACKS, IN SUCH
MANNER SO AS TO INTERFERE AS LITTLE AS POSSIBLE WITH TRAVEL OVER AND ACROSS
SAID STREET. SHOULD CHANGES BE MADE IN THE GRADE OF HIGHWAY 44, THE TEXAS
MEXICAN RAILWAY COMPANY SHALL AT ITS EXPENSE MAKE SUCH CHANGES IN THE GRADE
OF SUCH TRACKS AS MAY BE NECESSARY TO CONFORM WITH THE GRADE OF SAID HIGHWAY.
SECTION 7. . THE FRANCHISE RIGHTS HEREIN GRANTED SHALL BECOME
EFFECTIVE IMMEDIATELY UPON ENACTMENT OF THIS ORDINANCE AND PUBLICATION AND ELAPSE
OF TIME AS 15 PROVIDED IN THE CITY CHARTER, AND THE CITY MANAGER OF THE CITY
OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND INSTRUCTED PROMPTLY AFTER THE ADOPTION OF
THIS ORDINANCE TO EXECUTE AND DELIVER ON BEHALF OF THE CITY OF CORPUS CHRISTI AN
INSTRUMENT CONVEYING TO THE TEXAS MEXICAN RAILWAY COMPANY THE FRANCHISE RIGHTS
HEREIN DESCRIBED AND GRANTED, WHICH INSTRUMENT SHALL BE EFFECTIVE AS SET FORTH
ABOVE AND SHALL SO PROVIDE. THE TEXAS MEXICAN RAILWAY COMPANY SHALL FILE ITS
WRITTEN ACCEPTANCE OF SAID FRANCHISE AND SHALL PAY TEN DOLLARS ($10.00) PERMIT
FEE. WITHIN TEN (10) DAYS AFTER THE PASSAGE OF THIS ORDINANCE.
-3-
SECTION 8. SHOULD IT HEREAFTER APPEAR, EITHER PRIOR TO OR
AFTER THE EFFECTIVE DATE OF SAID FRANCHISE, THAT THE CROSSING OF HIGHWAY
44 AS HEREIN AUTHORIZED WILL RESULT IN THE TERMINATION BY THE HIGHWAY DE-
PARTMENT OF THE STATE OF TEXAS OF ITS MAINTENANCE OF SAID HIGHWAY, OR
SHOULD THE HIGHWAY DEPARTMENT OF THE STATE OF TEXAS FIND SUCH CROSSING OB-
JECTIONABLE, THE FRANCHISE RIGHT;. HEREIN GRANTED TO CROSS HIGHWAY 44 MAY BE
TERMINATED BY THE CITY OF CORPUS CHRISTI AT ITS DISCRETION.
SECTION 9. UPON THE TERMINATION HEREOF, ALL RIGHTS AND PROPERTY
OF THE GRANTEE IN, UPON AND OVER THE PROPERTY OF THE CITY OF CORPUS CHRISTI
BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI, EXCEPT THAT THE GRANTEE
HEREOF SHALL BE ENTITLED TO REMOVE AND MAY BE REQUIRED BY THE CITY, AT
GRANTEE'S EXPENSE TO REMOVE ANY TRACKS, WARNING DEVICES, OR OTHER PROPERTY
INSTALLED BY IT AS A PART OF OR IN CONNECTION WITH SUCH TRACKS AND GRANTEE
SHALL PROPERLY RESTORE THE STREET AND OTHER PROPERTY OF THE CITY OF CORPUS
CHRISTI AFTER THE REMOVAL THEREOF AT GRANTEE'S EXPENSE. AT THE TERMINATION
HEREOF, FOR ANY CAUSE THE TEXAS MEXICAN RAILWAY COMPANY AGREES THAT IT WILL
UPON REQUEST BY THE CITY OF CORPUS CHRISTI REMOVE SUCH TRACKS, WARNING
DEVICES OR OTHER PROPERTY AS MAY HAVE BEEN INSTALLED BY IT WITHIN THE RIGHT
OF WAY OF SAID HIGHWAY AND RESTORE SAID HIGHWAY AND RIGHT OF WAY TO CONFORM
WITH THE ADJACENT PORTION OF SAID HIGHWAY AND RIGHT OF WAY.
SECTION 10. THE GRANTEE HEREIN AND ITS ASSIGNS SHALL PROMPTLY
EXECUTE AND CONFORM WITH ALL ORDINANCES, RULES AND REGULATIONS OF THE CITY
OF CORPUS CHRISTI INSOFAR AS THEY APPLY TO THE USE OF SAID STREET AND ANY
AND ALL THINGS INCIDENT TO THE RIGHTS CONVEYED HEREIN.
SECTION 11. IT IS AGREED AND UNDERSTOOD THAT THE CITY OF CORPUS
CHRISTI SHALL HAVE THE RIGHT, AND HEREBY IS GRANTED BY CORPUS CHRISTI INDUS-
TRIAL PROPERTIES, INC., ANO THE TEXAS MEXICAN RAILWAY COMPANY THE RIGHT TO
CONNECT A RAILROAD SPUR TRACK FOR THE USE OF SAID CITY ONTO THE SOUTHEASTERN
TERMINAL OF THE TRACKAGE CONSTRUCTED UNDER THE TERMS OF THIS ORDINANCE.
SECTION 12. THIS GRANT AND SPUR PRIVILEGE SHALL AT ALL EVENTS BE
CONSTRUED TO BE FOR A PERIOD OF NOT MORE 7HAN FIVE (5) YEARS FROM THE DATE
HEREOF.
-4-
THAT THE FOREGOING ORDINANCE WAS READ FOR T FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE AY OF , 195$, BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
MINOR GULLI
W. J. ROBERTS
S. E. BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS tHE �D AY OF , X95 , BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
MINOR GULLI
W. J. ROBERTS lAr
B. E.- BIGLER
MANUEL P. MALDONADO
THAT THE FOREGOING ORDINANCE W READ FOR THE4 THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF , 195p, BY THE FOLLOWING VOTE:
FARRELL D. SMITH( / /�OV'�,
MINOR GULLI
W. J. ROBERTS l j
B. E. BILLER
MANUEL P. MALDONADO
PASSED AND APPROVED, THIS THE -J DAY OF �' $ \ 1957 -
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTESyt-�
CITY SECRETAJ�S' L f/
APPROVED ASi'Tq LEGAL FORM:
CITY ATTORNEY
qW9
THE STATE OF TEXAS ¢
COUNTY OF NUECES 6
WHEREAS, An Ordinance was duly passed by the City Council
of the City of Corpus Christi, Texas, on the 5th day of September,
1956, granting unto the Texas Mexican Railway Company a temporary
franchise to construct, maintain and operate a sidetrack over and
across Highway No. 44 at a location approximately sixteen hundred
feet (16001) West of the intersection of said Highway and Baldwin
Boulevard in the City of Corpus Christi, Texas, to afford connections
to the owners or users of industrial plants and business establish-
ments situated within the property referred to in said Ordinance,
same being an Industrial Subdvision conta: approximately 61.239
acres of land lying South of Highway No. 44 and out of the J. C.
Russell Farm Block No. 17, as shown on the plat of the J, C. Russell
Farm Blocks of record in the office of the County Clerk of Nueces
County, Texas, being developed by Corpus Christi Industrial Properties,
Inc,; and in addition to said above mentioned franchise over and
across Highway No, 44 at the location designated in said Ordinance,
a further franchise right was granted in said Ordinance to the Texas
Mexican Railway Company to construct, maintain and operate a sidetrack
over and across Highway No. 44 at some point between Flato Road and
Airport Road other than the location above designated, which shall be
acceptable to the Texas Highway Department and the City of Corpus
Christi, Texas, same to conform to the grade interchange of the new
Expressway; provided however, that actual use of said alternate franchise
by the Texas Mexican Railway Company, its successors and assigns shall
not commence until the franchise right first above granted relating
to a sidetrack shall have been terminated, cancelled or forfeited,
because of, in connection with or substantially at the same time as
the designated improvement and use of Highway No. 44 as an Express
Highway and provided the Texas Mexican Railway Company will at its own
expense move such crossing to the location of such change as may be so
designated, and that it will pay the additional cost of a bridge crossing
said traffic over the cost of a bridge sufficient to cross high-
way traffic only, and as designed in the discretion of the Highway
Department. In the event such temporary crossing is abandoned, the
same shall be removed at the cost of Texas Mexican Railway Company,
its successors and assigns, it being agreed that in the event the
location for the crossing of Highway No. 44 as improved has been
designated by the Texas Highway Department prior to the time of
conunencement of the work of construction of such crossing, such
crossing shall in the first instance be located at such point as is
designated by the Texas Highway Department to conform to the grade
interchange of the new Expressway, and
WHEREAS, said Ordinance further authorized and instructed
the City Manager of the City of Corpus Christi to execute and deliver,
on behalf of the City of Corpus Christi, an instrument conveying to
the Texas Mexican Railway Company the franchise rights therein
described and granted, --
NOW, THEREFORE, % Russell E. McClure, as City Manager of
the City of Corpus Christi, acting under and by virtue of authority
conferred upon me by the above mentioned Ordinance, have granted
and conveyed and do hereby grant and convey unto the Texas Mexican
Railway Company all the franchise rights and privileges described
and granted in said Ordinance, subject to all the terms, conditions
and stipulations set out in said Ordinance and to be effective as
set forth therein for the term therein stipulated.
IN TESTIMONY WHEREOF, this instrument has been executed by
the City Manager of the City of Corpus Christi, Texas, for and in
behalf of the said City, and the seal of said City affixed by the City
Secretary of said City on this the da �`.
y of
er, . D. 1956.
ATT THE CITY OF CORPUS CHRISTI, TEXAS
By
City Sa re
t�ftry Of the L City Manager
City of C91-pus Christi,,'�Texas «
_2_ .s;
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared RUSSELL E. McCLURE, as City Manager of the City of Corpus
Christi, Texas, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, and
in the capacity stated.
GIVEN -under my nand and seal, of office this the - �f- --�- --
� %G6
day of Rr, A. D. 1956.
T —A. Nota u lic, in and for Nueces
County, Texas
-3-
THE TEXAS MEXICAN RAILWAY COMPANY
W. C. BEAMAN
PRESIDENT- TRAFFIC MANAGER LAREOO, TEXAS
September 12, 1956
B -1 -b
City of Corpus Christi
Corpus Christi, Texas
Gentlemen;
This letter is tendered as written acceptance by The Texas
Mexican Railway Company of Ordinance No. 4619 passed and approved
September 5, 1956, granting to The Texas Mexican Railway a franchise
to construct, maintain, and operate a railroad side track upon and
across a portion of Highway 44.
Permit fee of x$10.00 required by Section 7 of the Ordinance
is enclosed.
This letter is being tendered in compliance with Section 7 of
the above mentioned ordinance.
Yours very truly,
ThE 'ThXAS 1VEXICAN RAILWAY COMPANY
By:.".
WCB;ic
SEP 1956
RE(, -_r -
City Secretary