The URL can be used to link to this page

Home My WebLink About04708 ORD - 01/02/1957� 6 An.:1-2 /'27 15 AN ORD I f i"JICE AUTHORIZING AND DIRECTING, THE CITY 14ANIAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE - i4ENT WITH THE TEXAS AND NEW ORLEANS RAILROAD COMPANY WHEREBY THE RAILROAD COMPANY AGREES THAT THE CITY MAY CONSTRUCT, RECONSTRUCT, I-11AINT/,`IN AND OPERATE ,N 8" SEWER LINE CROSSING ACROSS THE RAILROAD COMPANY'S RIGHT OF 'a,AY AT MILE POST .57 WITHIN THE NORTH BEACH PROPERTY OF SAID RAILROAD Coj,jpAIVY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO Ah.D iMADE A PERT HEREOF; AND DECLARING AN EMiERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER GE, ACID FIE IS HEIREvY AUTHORIZED A N'D DIRECTED FOR AND ON 'UEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE- MENT WITH THE TEXAS AND NEW ORLEANS RAILROAD COMPANY WHERECY THE RAILROAD COMPANY AGREES THAT THE CITY MAY CONSTRUCT, RECONSTRUCT, MAINTAIN: AND OPERATE AN v" SEWER LINE CROSSING ACROSS THE RAILROAD COiAPANY'S RIGHT CF WAY AT MILE POST 147.57 WITHIN THE NORTH 3EACH PROPERTY OF SAID RAILP0AD COfIPANY, A COPY OF WHICH AGREE — MEN "i IS ATTACHED HERETC AND MADE A PART IIE i"IEOF. . StCT ION 2. THAT THE NECESSITY FOR PROVIDING ADEQUATE RIGHT OF WAY f"OR THE PLACIIIG OF SAID SEWER LINE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PU'�LIC NECESSITY REQUIRING, THE SUSPENSION OF THE CHARTER RULE THAT ISO ORDINANCE OR RESOLUTION SHALL 5E PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL DE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE i'iAYOR, HAVING DECLARED SUCH EIIERGEHCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE LE PASSED F I P,IALLY Oil THE DATE OF ITS I IITFIODUCT I Old AIVD TAKE EFFECT AND 13E III FULL Fei:CE AND EFFECT FROM AND AFTt(E ��hT3 PASSAC,E, IT 15 ACCORDINGLY PASSED AND - PPROVED, THIS THE r _DAY OF \ (i ce, 1957. ATTES f MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SCCit_T ,Y APP °OVER AS TO LEGAL FOR[d DECEMBER 27, 1950: ► t CITY ATTOfINEY r.ner ni "1 r1j 12 'tt /ea t2 /29 as LICENSE THIS AGREEMENT mad, and entered into by and between TEXAS AND NEW ORLEANS RAILROAD COMPANY, First Party, hereinafter termed "Lic,nenr,n and rM OF COWUU CJrIIiMIr NufOest County, heroin represented by its City Manetger Second Party, hereinafter termed 'licensee." WITNESSETH THAT: taiae is neon, in consideration of the faithful performance by Licensee of all its covenants and tFeements herein Cos- y permits Licensee, at its own sole cost and expense to construct, reconstruct, maintain and operate as 8" sever line cross inghereinafter termed 'Structure,• at or near Corpus Chziatir :iueceS Cotanty , 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 s depth of not less titaet 4 lase The location and description of said Structure is more particularly described as follows, to -wit: .t t} t f3; Stle.G serer liw.! crossing scrost rirst P.rtyts rlj-IL of I.uyy tL.d and,!r itf: tre t slight IRSU vitb this track and form 114')feet .�r store 'i,eelov b"'a or tie Lt S-Lg. Sit:. 4ri72/40r IRL1e Post 14T.57 to be enewc -d under track proper in an 13" cr eel pipe of 12 gage or aorej etalZatiat to be ]Dade by boring , r trf:ck ii orse5cal. but if not practical, be O ng atabjeat to +:t lSori.y .pan iiMpect ;on of Firs -at Paz-tye�r section foretta at Car. Lit. WE set W n. a ee aprc s to refiirld to LicQrleor X17 it Dy LiLioeise fur Sas� od V. LC�aaBC .s or x i gk xa red o e a on s ma upon the�T ai 'emditlooa: ARTICLE L Licensee hereby acknowledges the title to Licensor in and to the premises described in this agreemourt and agrees never to assail or resist said title. H. ��FoMr sach use. of said premises, Licenses shall pay licensor on presentation of big therefor, a rental of OW Mad ■P�00 ($ 1.00) Dollars per year, payable annually in advance at the office of the Liceesor's Treasurer in the City of Houston, Texas. ARTICLE IIL Licensee agrees to indemnify and save hannless Licensor from and against any and all loss, damage, liability, coat 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 sppurtenances on or beneath the premises hereinbefore specified. ARTIL-LLr 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. Lieensa asses that all work upon, or in connection with, said structure shall be done at such times and in such monaa as not to interfere in any way whatsoever with the operations of the Licenser, and that the location of said structure and all work in connection therewith shall be done to the satisfaction of Licensee. Is 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 &Write to make such ehoagaa IN said structure as will prevent the interferem* ARTICLE VL This License is personal to Licensee, and in aw Licensee shall attempt to assign or transfer the esme, is whole at in part, without the previous written consent of the Licensor, this License may, by notice from Licensor to Licensee, be revoked ARTICLE VII, Ia the event Licenses discontinues the use of sold structure and abandons the "me, or fags to keep, observe and perform any covenants on Licaasee'a part herein contained all rights hereby given 'hall forthwith cease sad determine and Licensee thereupon shall remove said structure and restore the premises Le Clearly as possible to the same state and condition they were in prior to the installation of said structure. Should Licensee fail, neglect or refine to remove wild structure and restore said promises, such removal and restoration may be performed by Licensor at the expense of Licen- see, which expanse Licensee agrees to pay to Licensor ma demand ARTICLE VIII. If and whenever work of any kind or character Is to be performed or done by a contractor for Licensee, Liceyteor, 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 its 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 come 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 coats. ARTICLE X Raeept as otherwise provided h role., the Corona and eoaditimu of this atAeemeat shag inure to the baedt of and be binding upon the successors and aasia s of the Parties hereto. IN WITNESS WHERROP, the pareses hereto hen cased these presents to be executed m duplicate on thin the 15111 day .1 11CrsMdhW1 • A. D. Recommended: Chief Engineer. TEXAS AND NRW ORLEANS RAILROAD COMPANY By General Manager. Licensor, clew OF CD CUUM cm 21111111110W unaee. �ifl 4 1 r .'9.v,�.arri�a Div J} - Jt1 4 -- -- --- ---- -� 71. VAL � AVENUE C. SOLTT RN Fl.-.c T_r LIN' , —� IN TEXaS AND LOUISIANA `. - 1- T& N 0 R R CC. }-� t Pre, B" Sever Line To Serve City Of Cor. Chi. Corpus Christi 147.57 Cor. 25, � dv. Seals! I "-- 100 +Oct. 1956 59 "fc, Div. Sup. Victoria, Texas. - - - 4.EGEND _ -mss -x" • 1 #- --* --- (D -Red) Pro. 6" fewer Line. (Brown) T & N C R/W. CD US CHRISTI, TEXAS 1957 G� TO THE MEMBERS'OF "THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF-TME FORE- 601 MG ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT LS 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 15 INTRO - pUCED, 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 W. J. ROBERT$ MINOR CULLI B. E. BIGLER i MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FA RIf.f „Q. SN I TM W. J. ROBERTS MINOR CULLI B. E. BIGLER MANUEL P. MALDONADO q�o�