HomeMy WebLinkAbout04944 ORD - 01/08/1958IMS:Ea:t /3/5�
,
a \hl ORD 1 NANCE
AUTHORIZING AIJD 0IRECTING THE CITY MANAGER, TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AG�ZEt+IENT Yi17H THE TEXAS ANO NEIv ORLEANS OANS RAILROAD CIXii-
PANY FOR THE ABANDONHI1,11 OF A 3 -11CR SLIER PIPc L fdE
„S'MCNT ACROSS THE PROPERTY OF SAID RAILROAD COMPANY;
,AIJD DECLARING AN EIERGENCY.
WHEREAS, THE TEXAS AND NEW ORLEANS RAILROAD COMPANY OWNS CERTAIN
PROPERTY IN THE CITY OF CORPUS CHRISTI TEXAS; AND
�IiE REAS� UNDER THE TERMS OF API AGREI•iEHT DATED .JUNE 2, 1j'W, THE
CITY WAS GRANTED THE RIGHT AND PERMISSION TO CONSTRUCT AND HAINTAIN A 12— If•ICH
SEWER PIPE LINE AND A Tj'—INCH SEWER PIPE LINE UPON AND ACROSS SAID PROPERTY;
AID
'"JHZREAS, THE SAID ice. —INCH PIPE LINE HAS NEE: ABANDONED AND RENOVED,
BUT THE CITY DESIRES THAT THE j6—INCH SEWER LINE REMAIN IN PLACE FOR EMERGENCY
PURPOSES AND IT IS DESIRED TO ENTER INTO AN AGREEMENT CCVERING THE CONTINUED
EXISTENCE CF SAID LINE;
11W, TH7-R- FOF- -, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI TEXAS:
3ECTIC'i 1. THAT THE CITY MANAGER 15 HERESY AUTHORIZED AND DIRECTED
TO EXECUTES FUR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT '01TH
THE T--YA5 AND ER/ ORLEANS RAILP•CAD COMPANY FOR THE ASANDON;,,ZNT OF A �E —Ir :CH
SEWER PIPE LINE EASEMENT ACROSS THE PROPERTY OF SAID ,RAILROAD COMPANY A COPY
OF WHICH IS ATTACHED HERETO AND MADE A. PART HEREOF.
SECTION 2. T'HE 14 ECESSITY FOR 11,114EDIATE E: :ECUTIOH OF THE AGREEMENT
CONCERNING SAID EASEMENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT I40 ORDINANCE OR
RE50LUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE - IAYOR; HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY
EXISTS REQUESTING THAT SUCH CHARTER RULE DE SUSPENDED AND THAT THIS ORDINi Ai`iCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN
FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE IT IS ACCORDINGLY SG ORDAINED.
PASSES AN-) A.PPROVEDj THIS THE I� D /AY OF jANUARYj
ATTEST MAYOR
THE CITY OF CORPUS CHRISTI TE :',AS
CITY SE.RETAV ,
"FPRO'JED AS TO LEGAL Foo{ THIS
S{ DAY o� -ANUA.RY, 1958: I� 1
r I Tr �n T T DRNEY
THIS AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN
THE CITY OF CORPUS CHRISTI, TEXAS, HEREIN REPRESENTED BY ITS CITY
MANAGER, HEREINAFTER CALLED "CITY', AND THE TEXAS AND NEW ORLEANS
RAILROAD COMPANY, HEREINAFTER CALLED "RAILROAD',
W I T N E S S E T H:
RECITALS: .RAILROAD OWNS CERTAIN PROPERTY IN THE CITY OF
CORPUS CHRISTI, TEXAS. UNDER THE TERMS OF AN AGREEMENT DATED JUNE
Z, 1948, THE CITY WAS GRANTED THE RIGHT AIJD PERMISSION TO CONSTRUCT
AND MAINTAIN A 12-INCH SEWER PIPE LINE AND A 36 -INCH SEWER PIPE LINE
UPON AND ACROSS SAID PROPERTY. THE SAID 12-INCH PIPE LINE HAS BEEN
ABANDONED AND REMOVED, BUT THE CITY DESIRES THAT THE 36 -INCH SEWER
LINE REMAIN IN PLACE FOR EMERGENCY PURPOSES, AND IT IS DESIRED TO
ENTER INTO AN AGREEMENT COVERING THE CON71NUED EXISTENCE OF SAID LINE.
IT 15 ACCORDINGLY AGREED AS FOLLOWS:
FIRST: THAT THE CERTAIN AGREEMENT ENTERED INTO BETWEEN
RAILROAD AND CITY DATED JUNE 2, 1948, COVERING THE CONSTRUCTION AND
MAINTENANCE OF A 12-INCH SEWER PIPE LINE AND A 36 -INCH SEWER PIPE LINE
AT OR NEAR CORPUS CHRISTI, TEXAS IS HEREBY CANCELLED AND DECLARED TO
BE OF NO FURTHER. FORCE AND EFFECT, EXCEPT THAT THE CITY WILL BE PERMITTED
TO LEAVE THE 36 -INCH PIPE LINE IN PLACE AND USE IT FOR EMERGENCY ONLY,
BUT THAT THE CITY IN THE EVENT OF SUCH EMERGENCY USE, SHALL NOT BE
PERMITTED TO REPAIR OR REMOVE SAID PIPE LINE IN ANY MANNER SO AS TO
DISTURB OR DAMAGE ANY IMPROVEMENTS PRESENTLY ERECTED OR TO BE ERECTED
OVER SAID LINES BY RAILROAD OR ITS LESSEE.
SECOND: RAILROAD HEREBY AGREES TO PROTECT, DEFEND AND SAVE
HARMLESS THE CITY FROM AND AGAINST ANY DAMAGE TO SAID PIPE LINE RESULTING
DIRECTLY FROM THE PERFORMANCE OF ANY CONSTRUCTION OF ANY IMPROVEMENTS
OVER SAID 36 -INCH LINE BY RAILROAD OR ITS LESSEE.
THIRD: IF AT ANY TIME IN THE FUTURE SAID 36 -INCH PIPE LINE
PROVES INOPERATIVE, CITY AGREES AND OBLIGATES ITSELF TO REMOVE SAID
PIPE LINE AT ITS SOLE COST AND EXPENSE IN SUCH MANNER. AS NOT TO DISTURB
DR DAMAGE THE IMPROVEMENTS TO BE ERECTED BY RAILROAD OR ITS LESSEE.
EXECUTED IN DUPLICATE BY THE CITY OF CCRPUS CHRISTI
TEXAS AT CORPUS CHR1571, TEXAS ON THE DAY OF
A. D., 1951, AND EY TEXAS AND NEW ORLEANS RAILROAD COMPANY AT HOUSTON
TEXAS ON THE DAY OF A. D., 1957.
-CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
APPROVED AS TO FORM: TEXAS AND NBtiJ ORMVIS RAILROAD COMPANY
eY
GENERAL COUNSEL GENERAL MANAGER
ATTEST:
ITY SECRETARY
APPRGVED AS TO FORM:
CITY ATTORNEY
CORP CHRISTI, TEXAS
59 g
/ J ,19
V'
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
. .... ... _ ..
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FO THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION 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
COUNC IL1 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
i
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER_(
MANUEL P. MALDONADO,
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
FARRELL D. SMITH���{{{,,,��'
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILIS
-
ARTHUR R. JAMES
ODELL INGLE
4944 --