HomeMy WebLinkAbout04627 ORD - 09/19/1956TE;:AS :
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A64HOnNti iIG AID J1PFCTII1G THE- CITY 71)? Pd!J 0[I IEIiALF
OF TIP_ CITY OF CORPUS C1-2 i LM TO L --CUTE ,A L I CEi ISE AGR;- -; 0,T
'rJ I TI -I Tti;
>N .•.1y/ ti X11 Y EJ ha,'
THIS AGRLr I_ EkT made an' eo :ered u,'o by r. _ ` tvsr�•rTEXA5 . tY71 NEW N2 i' :A!,_2:iR
Fast Party, hereinafter :rr "! icenfor," and C:.
- mzu
repro %ented by its C'_ty "•;anclggf -r Creams Party, hereinafter' craned 'U, :nste."
WITNESSETM THAT:
Licensor, in consideration of the faithful performance by Litceae of nil its cevmanta and a4frcamcatl Form, ra,r-
tained, hereby permits Licensee, at its own We lost and expense to conatr•acl, reconatruct, snatatain and aperat a
10" sever line CrosBl :ghereinaft -r termed 'Structure,' at PXNA t a_,n s Christi, Ivuei`CS ^,111:iy , stz,,t,
of Tetras , in she location shown by red lines �n the mtp hereto attached and me-de a part loercof.
The said Structure to be constructed beneath the surface cs' ti:, ir+oond, at a depi., of not teas :hsa 12 fees.
The location and description if said Structure is store particularly described as follows, to -wit:
A 10" sever line along cent,. :r o_ real Ct eetacres: i<,ensor', of vay and under Its track
at S,S. 4544¢49.5, Kiic 'oat 1µ;.C3 erter,Z.inf; _•roix i ca F -iZ :i to Avezne r_, c be incet;ed under
track proper with W! lfi" 1. Ge.t g• cQ:_ -jL ;tit ,C :yttct a' pe, in cFllt '_cn '.c made ',v io ins.
under track if prm!tica'_ ^Jt !.f rot, n, n. v l :.ho 1 0_ en ti-each in ,'uch a -aa,r :1s ,aCt to
interfere with :.i'censor'� _,af i c ern4 ;',or. and s,_ibl ?cct to autLoi_ty �IU fnspect:on of Lisersor °s
Supervisor, L. j. S:-hulLe on Coro :Iir. Yard rearranges -nt for Hi;h .1>vel Bridge ?roject�
This agreement is wade upon the ioJowing terms and condiii —I
ARTICLE 1.
Licentec hereby acknowledges the title is Licensor in and to tt, — em'.ses desc•-ibcd in this agreement and aprmn
never to atsail or resist said title.
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ARTICLE ILL
Limn se, agues to tnden;rifp am! o tarmless Lteensm f i and aRai,: t an., and all loss, damage, liahility, -st
am, expense which Licensor ma;; : u =ho❑ ur hear r -r ro avhicPr [,rumor may ba put, resulting direr.ly or indirectly in
any manner from the location, constructton, maintenance, repaiq repiaeement, use, operatip oc presence of said structnre
and its appurtenacces on or beneath the prcr,; e hereirbcftre rpfrifiad.
ARTICLE - W.
Licenszc and the agents any! •mpioyf•cv m licensee sI a i have the privilege of entry on seal pnises for the purpose
vi snaking necessary repairs tr, o changes in said structure, end Licensee igr , to keep said premises at all times in
a good and safe condition. Free from orate. all to the Wa factiml of Licensor
ARTICLE
Licensee agrees that all work upon, or in connection with, said structure shall be done at such times and in such
manner as not m interfere in any way whatsoever w;th 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 cr Wier itnn ove-
ments of Licensor, or its tenants, now or which may hereafter be constructed, the Licensee agrees to taLke such changes
is aid structure as will prevent the interference.
ARTICLE VT.
This License is personal to Licensee, and in case Licensee shall attempt to assign cur transfer the same, in whole
or in part, withrott the previous written consent of the Licensor, this License may, by notice from Licensor to Licensee,
be revoked.
ARTICLE VIi
In the event Licensee discontinues the use of said structure and absndons the same, o; fails to keep, observe and
perform any covenants on Licensee's part herein contained, a.11 : ights hereby given ;hall forthwith cease and determine
and Licensee thereupon shall remove said structure and restore the premises as nearly as possible to the ionic state and
condition they were in prior to the installation of said structure_ Shedd Licensee fail, neglect or refuse to remove said
structure and restore said premises, such removal and restoration may he performed by Licensor at the expense of Licen-
see, which expense Licensee agree to pay to Licensor on demand.
ARTICLE Clll.
If and whenever work of any' kind o, cnanu ter is to !;e h.erforocd zr !,,e by a rector for I,icansne, Lirenspr
hereby reserves the right lu niiuir, the• mtrart,•r to nti, into a vrittf -n aKre�ment -.with Li :sensor satisfact,ry to
it, and to require aIF, the , nsom :rn- nerforrm :�;; the u. i% , give t � �n•irmnity Imi:d in favor of I•irensor ,n such
amount a Liven >or shit[[ s,erify I•ef,,re penn•tt ln:; a - - whFront, scum .o perform or ,l•., any of said work upon the
nv
premise.. hereinabure sye: ified.
ARTI, :LE IX.
In case Licensor shall brow suit to compel to r .er fns bn•ech of, any covenan agr em „nt
condition herein whiten, Licensee shall amt w�'i l •O” ,.,. r .,..,n. :el At, °y'> Finer in a,iditiou to the amount pf
the judgment red and e• ...
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 assign., of the varies hear:.,
Licensee agrees to refund to Licensor any exyensa lacenasor may be p, _It to iL helping to make
this installation, such as remov-irt3 track, etc. s ce._t ordin —j ❑uyervi-ion-
IN WITNESS WHEREOF, the parties hereto have ca••yed these presents to be executed in duplicate on this the
l day ofAugust A. D. 19�t?.
Recommended:
TEXAS AND NEW ORLEANS RAILROAD COMPANY
Chief Engineer.
By_
General Manage,
Licensor.
CITY OF CORYOS CHRISTI
By
It•s: City 1 e Licensee.
111/0./6
TAT E
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14 VIC
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CORPUS CHRISTI, TEXAS
oL• / 9 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, 1, 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
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
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