Loading...
HomeMy WebLinkAbout05470 ORD - 08/24/1959JAW:AH:8 -24 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, SIX CONSENT AGREEMENTS WITH THE TEXAS - MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA, RATIFYING THE RIGHTS OF CERTAIN EXISTING CITY UTILITY INSTALLATIONS, CROSSING THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, RAILROAD OPERATED UNDER LEASE BY THE TEXAS - MEXICAN RAILWAY COMPANY, A COPY OF EACH CONSENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DE- CLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI CONSTRUCTED AND INSTALLED, UNDER AND ACROSS THE NAVAL AIR STATION RAILROAD TRACK AT VARIOUS LOCATIONS WITHIN NUECES COUNTY, A 670° SANITARY LINE, A 48' WATER LINE, AN 8° WATER LINE, A 41 GAS LINE, AN 8° GAS LINE, AND A 2° GAS LINE; AND WHEREAS, THESE CERTAIN EXISTING CITY UTILITY LINES, THE EXACT LOCATIONS OF WHICH ARE SHOWN IN SPECIFICATIONS ATTACHED HERETO, WERE CONSTRUCTED UNDER AND ACROSS EXISTING RAILROAD TRACKS OWNED BY THE UNITED STATES OF AMERICA AND LEASED BY THE TEXAS- MEXICAN RAILWAY COMPANY; AND WHEREAS, THE UNITED STATES OF AMERICA AND -THE TEXAS - MEXICAN RAILWAY COMPANY DESIRE THAT THE CITY ENTER INTO AN AGREEMENT WITH THEM OUTLINING THE OBLIGATIONS AND RIGHTS OF THE RESPECTIVE PARTIES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREEMENTS WITH THE TEXAS - MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA, WHICH APPROVE INSTALLATION OF SAID CITY UTILITY INSTALLATIONS, COVERING THE SIX LOCATIONS WHERE THE CITY HAS INSTALLED A UTILITY LINE UNDER AND ACROSS THE NAVAL AIR STATION RAILROAD TRACK OWNED BY THE UNITED STATES OF AMERICA AND OPERATED BY THE TEXAS - MEXICAN RAILWAY COMPANY, AND SAID CONSENT AGREEMENT HAVING ATTACHED TO IT SPECIFICATIONS SHOWING THE EXACT LOCATION OF SAID TRACK AND UTILITY LINE, A COPY OF EACH CONSENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. 5470 SECTION 2. THE FACT THAT THE CITY HAS CONSTRUCTED AND IS OPERATING CERTAIN EXISTING UTILITY LINES UNDER AND ACROSS THE NAVAL AIR STATION RAILROAD TRACK OWNED BY THE UNITED STATES OF AMERICA AND OPERATED BY THE TEXAS - MEXICAN RAILWAY COMPANY, AND THE FACT THAT THERE IS NO WRITTEN AGREEMENT OUTLINING THE OBLIGATIONS AND RIGHTS OF THE PARTIES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION 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 MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF AUGUST, 1959 - MAYOR THE CITY OF RPUS CHR S �ITEXA7 ATT Sf,-` CITY SE6 TAR ` r APPROVED AS TO LEGAL FORM CITY�TH 4TH DAY F AUGUST, 1959: TR EY < CORPUS CHRISTI, TEXAS 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 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; I, - rHEREFORE-, 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, MAYaR THE CITY OF CORFU HRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING ` JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNNa\ PATRICK J. DUNNE R. A. HUMBLE v T GABE L. LOZANO, SR. / THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING �' C:,� I C JAMES L. BARNARD MRS. RAY AIRHEART t' JOSEPH B. DUNN ti PATRICK J. DUNNE " R. A. HUMBLE / CL`s GABE L. LOZANO, SR. ✓ �' , r r CONSENT AGREEMENT Of the TESAS IMGAN RAILWAY COelffY THIS AGREEMENT made and entered into, by and between the Texas- Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETH: MHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 191171 the United States of America entered into an agreement NOy(R)- 111896 wi'A the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a I � 60 inch sanitary sewer line under and across the Government's existing track at the location known as the "Railroad'sn Engineering Station 2 plus o6 as is shown more particularly on Exhibit "A"; and WHEREAS, Subject to the terms and conditions stated below, the I, Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, SNOW ALL, MEN BY THESE Pi2ESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 4. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". $. The said "User" has paid to the "Railroad" the sum of One Dollar (61.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be performP able in the County of &ueces, Texas and binding upon the parties hereto, their successors and assigns. EXECUTED IN DUPLICATE ON THIS day of 1959° THE TEXAS MEXICAN RAILWAY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company ATTEST: City Secretary CITY OF CORPUS CHRISTI By City Manager ncityn 3 0 THE STATE OF TEXAS COUNTY OF MB BEFORE ME, The undersigned authority, a Notary public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Compiuy aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , 1959. Notary public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECffi BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi,, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY SAND AND SERI, OF OFFICE, This the day of 1959. Notary Public, Nueces County, Texas k r . CONSEIDT AGRBEMEHT . Of the UHITED STATER OF AMERICA TSIS AGREEN�b9.', made and entered into, by and between the UNITED STATES of AMERICA, represented by the District Public Works Officer, Eighth Naval District, acting under the direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy, hereinafter called the "Government" and The City-of Corpus Christi whose address is Corpus Christi, Texas hereinafter called the "User" to wit: W I T S E S S E T H: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and — .Pairing a 60 inch sanitary sewer hereinafter referred to as the "Facility" on, through, under, over and across a Portion of land described as follows: A strip of ]and 44 feet in length and 25 feet in width, the centerline of whieh intersects Station Humber 245 nlua o6 of the existing railroad as shown on Exhibit "A" attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: I. That the "User" previously has obtained written consent from the Texas - Mexican Railway Compagy for the construction of the "Facility" and approval of the plane and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement re- quired from the owner and any and all parties having or claiming to have an in- terest therein. 3• This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- seatative named herein. k. In no event shall this agreement be considered as granting any Interest in the lands hereinabove described. Fir, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government," nor as in any way granting any part of the rights and interests owned by the "Government." i 9. The "User" shall retain title to the "Facility" covered by this Instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User." Upon the termination of the use, the "User" shall remove the hereinabove described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Govern - ment." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government," the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User." 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User," and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the District Public Works officer, Eighth Naval District, Nov Orleans, Louisiana, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove de- scribed "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indemnify and save harmless the "Government" from and against any lose, expense, suit, claim, or demand to which the "Government" may be subjected as a result of death, injury, loss destruction or damage. But this agreement shall not be construed as giving any cause of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" vill not be subject of indemnification or reimbursement. 8- The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly re- paired by the "User" to the satisfaction of the "Government" or in lieu of such - 2 - repair or replacement, at the election of the " Government" shall pay the '"Government" an amount sufficient to compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9- This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances create an interference with the use and enjoyment of rights or interests of the government in the land by the "Government," its grantees or assigns. 10, No member of or delegate to the Congress, or Resident Commission- er shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any 1ndorporated company, if the consent agreement be for the general w benefit of such corporation or coz6auy. 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, Upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent fee, excepting bona, fide established commercial agencies, maintained by the "User" for the purpose of securing business. For breach or violation of this warranty, the "Govern- ment" shall have the right to annul this eareement vithout liability, or in its discretion, to require payment to the "Government" by the "User" the full amount By F. L. ERDEBROCS Captain, CEC, u5n District Public Works officer Eighth Naval, District Acting under the Direction of the Chief of the Bureau of yards and Docks and the Secretary of the Navy - 3 - THIS CONSENT AGRMU' T Jp also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day Of 19 Hy. MEMPICATS OF Aumomr OF PSSSON EIECOTIWG AM=- M W ON BEHALF OF "USER" (To be executed in all cases except when user is an individual) certify that I am the of the State of Texas and that who signed the above and fore- going consent agreement on behalf of the was then the , of said that said consent agreement was duly signed for and on behalf of said by authority of its governing body and is within the scope of its corporate powers. Certified this day of . 19 . (SEAL) - 4 - i w . CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "IIsern. WIRNESSETHs WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947s the United States of America entered into an agreement NOy(R) -41896 witk the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 48 inch water line under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 31 plus 28 as is shown more particularly on Exhibit "A ", and WEiEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, %NOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grants its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paging as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 4. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". 5. The said "User" has paid to the "Railroad" the sum of One Dollar ($1.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Tess in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform- able in the County of Nueces, Texas and binding upon the parties hereto, their successors and assigns. 2 EXECUTED IN DUPLICATE ON THIS day of 1959° THE TEXAS MEXICAN RAILkAY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company ATTEST: City Secretary CITY OF CORPUS CHRISTI By City Manager "City" 3 THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER. MY HAND AND SEAL OF OFFICE, This day of , 1959. Notary Public, Webb County, Tess THE STATE OF TEXAS COUNTY OF NQECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the acme was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , 1959. Notary Public, Nueces County, Texas D CONSENT AGREOM Of the UNITED SMM OF AMERICA ISIS AGREEMEET, made and entered into, by and between the UNITED SzkM OF AMERICA, represented by the District Public Works Officer, Eighth Naval District, acting under the direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy, hereinafter called the "Government" and The City of Corpus Christi whose address is Corpus Christi, Texas hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintain, operating and repairing a 48 inch water main hereinafter referred to as the "Facility" on, through, under, over and across a portion of land described as follows: A strip of land 40 feet in length and 10 Peet in width, the centerline of which intersects Station Number 31 plus 28 Of the existing railroad as shown on Exhibit "A" attached hereto and made a Part hereof, with ingress to and agrees from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas - Mexican Railway Company for the construction of the "Facility" and approval Of the plans and specifications therefor. 2. That the "User" assumes the burden of obtains any easement re- quired from the owner and any and all parties having or claiming to have an in- terest therein. 3• This statement of no objection is not assignable or transferable, except upOA written consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any Interest in the lands hereinabove described. Further, this instrument shall not be construed as granting any, right in excess of the rights and interests presently owned by the "Government," nor as in any way granting any part of the rights and Interests owned by the "Government." 5. The "User" shall retain title to the "Facility" covered by *this instrument and all costs and ezpeusea incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User." Upon the termination of the use, the "User" shall remove the hereinabove described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Govern- ment." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government," the "Government" may do so and aW eXPensos incurred by the "Government" in removing such "Facility" or property or in restoring the ]and, shall be reimbursed by the "User." 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User," and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the District Public Works Officer, Eighth Naval District, New Orleans, Louisiana, who is hereby designated as the local representative of the "Government" in charge of administering this agreement, 7• In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove de- scribed "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indemnify and save harmless the "Government" from and against any lose, expense, suit, claim, or demand to which the "Government" may be subjected as a result of death, injury, lose destruction or damage. But this agreement shall not be construed as giving any cause of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" viL11 not be subject of indemnification or reimbursement. 8• She "User" shall be responsible to the "Government" for any and all 1068 or damage to " Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be prouptly re- paired by the "User" to the satisfaction of the "Government" or In lieu of such - 2 - repair or replacements at the election of the "Government" shajZ pay the ' "Government" an amount sufficient t0 compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9. This agreement concerns use of a specified area for a specific Purpose as herein set out and the "User" shall not under any circumstances create an interference with the use and enjoyment of rights or interests of the goverment in the land by the "Government," its grantees or assigns. 10. No member of or delegate to the Congress, or Resident Commission- er shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the consent agreement be for the general benefit of such corporation or congagy. 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreemsnt or understand- ing for a commission, percentage, brokerage, or contingent fee, excepting bona figs established commercial agencies, maintained by the "User" for the purpose of securing business. For breach or violation of this warranty, the "Govern- ment" shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Government" by the "User" the full amount Of such commission, percentage, brokerage, or contingent fee. IN W]TMS WBEBEOF, the Wavy Department on behalf of the United States of America has caused this consent agreement to be executed this day of , 19 . UMMIED STATES OF AMF!RTPs By F. L. ENDEBiiOCN Captain, CEC, USN District Public Works Officer Eighth Naval District Acting under the Direction of the Chief of the Bureau of yards and Docks and the Secretary of the Navy - 3 - • THIS CONSENT AGFMCHT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day Of F 19 By CERTIFICATE OF AUTHORITY OF PEHSON EXECUTING AGREE- MENT ON BEHALF OF "USER" (To be executed in all cases except when user is an individual) Is , certify that I am the Of the State of Texas and that who signed the above and fore- going consent agreement on behalf of the was then the , of said that said consent agreement was duly signed for and on behalf of said by authority of its governing body and is within the scope of its corporate powers. Certified this day of l9 . - 4 - CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETH: WEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof, and WHEREAS, On the 25th day of June 1947, the United States of America entered into an agreement Noy(R) -41896 witg the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 8 inch water line under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 297 plus 51 as is shown more particularly on Exhibit "A"' and SAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that E-NC L (f) t the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 4. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". 5. The said nIIser" has paid to the "Railroad" the sum of One Dollar ($1.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas, 7. All obligations imposed by this contract shall be perform- able in the County of Nusces, Texas and binding upon the parties hereto, their successors and assigns. 2 r ATTEST: EXECUTED IN DUPLICATE ON THIS day of 1959. THE TEXAS MEXICAN RAILWAY COMPANY BY Secretary, The Texas Mexican Railway Company v/4 City Secretary CITY OF CORPUS CHRISTI By City Manager "City" 3 THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDE& MY RAND AND SEAT. OF OFFICE, This day of , 1959. Notary Public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, ]mown to me to be the person and officer whose name is subscribed to the foregoing instrument and ackmowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN MWER MY BAND AND SEAT, OF OFFICE, This the day of 1959. Notary Public, Nueces County, Texas �t CONSENT AGRMMMT Of the tHMMD STATES OF AMERICA TUN AGREMT, made and entered into, by and between the UNITED STAM OF AMERICA, represented by the District Public Works Officer, Eighth Naval District, acting under the direction of the Chief of the Bureau of yards and Docks W the Secretary of the Xavy, hereinafter called the "Government" and The Ci +v of Corms C ri sti Whose address is Coraus Christi Texas hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "Userls" occupancy and use for the purpose of constructing, maintaining, operating and repairing a 8 inch water main hereinafter referred to as the "Facility" on, through, under, over and across a Portion of ]and described as follows: A strip of ]and 40 feet in length and lg_feet in width, the centerline of which intersects Station Number �cyy i „Q Si of the existing railroad as shown on Exhibit "A” attached hereto and made a Part hereof, with ingress to and egress from above stated, the said land for the purposes Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas- Mexican Railway CoMany for the construction of the "Facility" and approval Of the plans and specifications therefor. 2. That the "User" assumes the burden of obta icing any easement re- quired from the owner and any and all parties having or claiming to have an in- terest therein. 3. This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its du],y authorized repre- sentative named herein. 4. In no event eball this agreement be considered as granting any interest in the ]ands hereinabOve described. Further, this instrument shall not be construed as granting any right in excess of the rights and interests Presently owned by the "Government," nor as in any way granting any part of the rights and interests owned by the "Goverment." 5• The "Usbr" shall, retain title to the "Facility" covered *by thilo Instrument and all costs and,eVenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User." Upon the termination of the use, the "User" shall remove the hereinabove described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Govern - meat." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Goverment," the "Government" may do so and any expenses incurred by the "Government" in removing such i "Facility" or property or in restoring the land, shall be reimbursed by the "User." 6. All activities as pertain to the aforesaid use shall, be at the sole cost of the "User," and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the District Public Works Officer, Eighth Naval District, New Orleans, Louisiana, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or lose, destruction or damage to any property, in connection with the construction, maintenance, Operation, repair, removal or restoration of the hereimbove de- scribed "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indemnify and save harmless the "Government" from and against any lose, expense, suit, claim, or demand to which the "Government" may be subjected as a result of death, injury, loss destruction or damage. But this agreement Shall not be construed as giving any cause of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. $. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising Out Of the exercise of this consent agreement. Amy property of the " Government" damaged Or destroyed by reason of the exercise of the consent given herein, shall be promptly re- paired by the "User" to the satisfaction of the "Goverment" or in lieu of such - 2 - r repair or replacemeate at the election of the "Government" shall. gay the "Government" an amount sufficient, to cOmpensate for such loss sustained by reason of damages to or destruction of the "Goverament's" property, 9- This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances create an interference with the use and en3oyment of rights or interests of the goverment in the land by the "Government," its grantees or assigns. 10. No member of or delegate to the Congress, or Resident Commission- er shall be admitted to any share cr part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any iMOrporated company, if the consent agreement be for the general benefit Of such corporation or co�W 31. The "User" warrants that no person Or agency has been employed or retained to solicit or secure this agreement, upon an agreement or understand- ing for a commission' percentage, brokerage, or contingent fee, excepting bona P established commercial agencies, maintained, by the "User" for the purpose Of securing business. For breach or violation of this varranty, the "Govern_ meat" shall have the right to annul this agreement without liability, or in :Eta discretion, to require payment to the "Government" by the "User" the full amount of such CO=Usion, percentage, brokerage, or contingent fee. IN �dIT1�9S WBMOF, the Davy Department On behalf Of the United States of America has caused this consent agreement to be executed this or day l9 UDI'MD STAMSS OF AMMT".e F. — OCD Captain, CEO, USN District Public Works officer Eighth Naval District Acting under the Direction of the Chief of the Bureau of Yards and Docks end the Secretary of the Navy - 3 - ' o Y:- is - .• . THIS CONSMT AGES is„also, executed by the "user" in ael ovledgtae-5t and acceptance of the terms and conditions set forth therein, this day Of 19 By CERTIFICATE OF AUMORM OF PMRSOK EUCUTIHG AGREE- MENT ON BEHALF OF "USER" (To be executed in all cases except when user is an individual) I, certify that I am the Of the State of Texas and that who signed the above and fore- going consent agreement on behalf of the was then the , of said that said consent agreement was duly signed for and on behalf of said by atithority of its governing body and is within the scope of its corporate powers. Certified this day of 19 (SEAL) By - 4 - CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETH: WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947s the United States of America entered into an agreement NOy(R) -41896 with the "Railroad" concerning the use of such tracks and facilities, and WHEREAS, The City of Corpus Christi, Texas desires to lay a 4 inch gas litre under and across the Government's existing track at the location known as the "Reilroad'sn Engineering Station 403 VIM 87 as is shown more particularly on Exhibit "A ", and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned, NOW, THEREFORE, KNow ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 4. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". 5. The said "User" has paid to the "Railroad" the sum of One Dollar (81.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform: able in the County of Nueces, Texas and binding upon the parties hereto, their successors and assigns. 2 •• I EXECUTED IN DUPLICATE ON THIS day of 1959° THE TEXAS MEXICAN RAILWAY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company ATTEST: City Secretary CITY OF CORPUS CHRISTI By City Manager "City- 3 THE STATE OF TEXAS COUNTY OF BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , 1959. Notary Public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFOBE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN 'UNDER MY BAND AND SEAL OF OFFICE, This the day of , 1959. Notary Public, Nueces County, Texas �l �b `. CONSENT AGREEMEmm Of the UNITED STATES OF AMERICA TM AGR ME_te?', made and entered into, by and between the UNITED STATES OF AMERICA, represented by the District Public Works Officer, Eighth Naval District, acting under the direction of the Chief of the Bureau of yards and Docks and the Secretary of the Navy, hereinafter called the "Government" and MM Clty or Coo nw Chs"!e4'r$, whose address is Corpus Chrutu Texas hereinafter called the "User" to wit: W I T N E S s E T H: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintain, operating and repairing a 4 loch Gas Um hereinafter referred to as the "Facility" on, through, under, over and across a portion of ]and described as follows: A strip of land 40 feet in length and lQ feet in width, the centerline of I hich intersects Station Number-4U3— $( of the existing railroad as shown on Exhibit "A" attached hereto and made a Part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has Obtained written consent from the Texas - Mexican Railway CoNPany for the construction of the "Facility" and approval Of the plane and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement re- quired from the owner and any and all parties having or claiming to have an in- terest therein. 3• This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- sentative named herein. 4- In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Further, this instrument shall not be construed as granting any right in excess of the rights and interests Presently owned by the "Government," nor as in any way granting any part of the rights and interests owned by the "Government." 5. The° "User" shall retain title to the "Facility"' covered by this instrument and all costs and`empenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User." Upon the termination of the use, the "User" shall remove the hereimbove described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Govern- ment." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government," the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User." 6. All activities as pertain to the aforesaid use shall be at the B010 cost of the "User," and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the District Public Works Officer, Eighth Naval District, Now Orleans, Louisiana, who is hereby designated as the local representative of the "Goverment" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove de- scribed "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indemnify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as a result of death, injury, loss destruction or damage. But this agreement shall not be construed as giving any cause of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Goverment" will not be subject of indemnification or reimbursement. 8. The "User" shall be responsible to the "Government" for any and all lose or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein,, shall be prouptly re- paired by the "User" to the satisfaction of the "Government" or in lieu of such - 2 - repair or replacement, at the election of the "Government" shall pay the "Government" an amount suffielgnt to compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9. This agreement concerns use of a specified area for a specific Purpose as herein set Out and the "User" shall, not under any circumstances create an interference with the use and enjoyment of rights or interests of the government in the land by the "Government," its grantees or assigns. 10. No member of or delegate to the Congress, or Resident Commission- er shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any ianorporated conany, if the consent agreement be for the general benefit of such corporation or compaaW. Ll. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent fee, excepting bona f*e established commercial agencies, maintained by the "User" for the purpose -" Of securing business. For breach or violation of this warranty, the "Govern- ment" shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "GOvermuent" by the "User" the full amount Of such ea®ission, percentage, brokerage, or contingent fee. IN WITNESS MEMEOF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day Of , 19 . UN333D STATES OF AMERMA By- F. L. ENDEBROCK Captain, CEO, USN District Public Works Officer Eighth Naval District Acting under the Direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy - 3 - .TEAS Winn is also executed by the "User` in acknowledgmeh. and acceptance of the terms and conditions set forth therein, this day Of 19 sy COMPICATE OF AUTHORITY OF FMON MCUT33G AGREE- MENT ON BEHALF OF "USER" (To be executed in all cases except when user is an individual) I, , certify that I am the Of the State of Texas and that who signed the above and fore- going consent agreement on behalf of the was then the , of said that said consent agreement was duly signed for and on behalf of said by adthority of its governing body and is within the scope of its corporate powers. Certified this day of 19 . (OFAL) ey -q- CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas- Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETHs WMWAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United States of America entered into an agreement NOy(R)- 41896 witg the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 8 inch gas line under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 456 plus 12 as is shown more particularly on Exhibit "A"; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter i.n�o the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all tunes in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that r � � CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas- Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETHs WMWAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United States of America entered into an agreement NOy(R)- 41896 witg the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 8 inch gas line under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 456 plus 12 as is shown more particularly on Exhibit "A"; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter i.n�o the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all tunes in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. !D. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". 5. The said "User" has paid to the "Railroad" the sum of One Dollar (61.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform- able in the County of Nusces, Texas and binding upon the parties hereto, their successors and assigns. EXECUTED IN DUPLICATE ON THIS day of 1959° THE TEXAS MEXICAN RAILWAY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company CITY OF CORPUS CHRISTI By City Manager "City" ATTEST: City Secretary THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , 1959. Notary Public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the sense was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of each corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the dap of , 1959. Notary Public, Nueces County, Texas 4 CONSENT AGRE20T Of the UNZ= STATES OF AMERICA MUS AGREEMENT, made and entered into, by and between the Urn ED STATES OF AFRICA, represented by the District Public Works Officer, Eighth Naval District, acting under the direction of the Chief of the Bureau of yards and Docks and the Secretary of the Navy, hereinafter called the "Government" and The City of Corpus Christi whose address Is Corpus Christi, Texas hereinafter called the "User" to wit: W I T N E S S E T H: The "Government" hereby stags that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and repairing a 8 inch gas line hereinafter referred to as the "Facility" on, through, under, over and across a Portion of land described as follows: A strip of land 40 feet in length and 10 feet in width, the centerline of which intersects Station Humber 4 ug 12 Of the existing railroad as shown on Exhibit "A" attached hereto and made a Part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: L That the "User" previously has obtained written consent from the TeXms-Meaican Railway Company for the construction of the "Facility" and approval Of the plans and specifications therefor. 2• That the "User" assumes the burden of obtaining any easement re- quired from the owner and any and all parties having or claiming to have an in- terest therein, 3• This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any Interest in the lands hereinabove described. Furtber, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government," nor as in any way granting any part of the rights and interests owned by the "Government." 5•t The "User" shall retain title to the "Facility" covered by this k 1 instrument and all costs and ,expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "user." Upon the termination of the use, the "User" shall remove the hereinabove described, as nearly as practicable to its condition prior to the construction of the " Facility" to the satisfaction of the "Govern- ment." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government," the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or Property or in restoring the land, shall be reimbursed by the "User." 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User," and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the District Public Works Officer, Eighth Naval District, New Orleans, Louisiana, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any Person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove de- scribed "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indemnify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as a result of death, injury, loss destruction or damage. But this agreement shall not be construed as giving any cause of action for recovery or any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" Will not be subject of indemnification or reimbursement. 8• The 'User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement, Any property of the "Government" damaged or destroyed by reason of the exercise or the consent given herein, shall be promptly re- Paired by the "User" to the satisfaction of the "Government" or in lieu of such - 2 - repair or replace%at,'at the election of the "Government" shall pay the "Government" an amount sufficient to compensate for such loss sustained by reason of damages to or destruction of the "Government'e" property. 9. This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under wW circumstances create an interference with the use and enjoyment of rights or interests of the government in the land by the "Government," its grantees or assigns. 10. No member of or delegate to the Congress, or Resident Commission- er shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any indorporated company, if the consent agreement be for the general benefit of such corporation or cY• ll.. The " User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent Pee, excepting bona P *$0 established commercial agencies, maintained by the "User" for the purpose of securing business. For breach or violation of this warranty, the "Govern - went" shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Goverment" by the "User" the full amount Of such Commission, percentage, brokerage, or contingent fee. IN WIMMS WEERoF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day of , 19 . UNSTED STATES of AM= BY— F. L. ENFIEBROCE Captain, CEC, USN District Public Works orricpr Eighth Naval District Acting under the Direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy - 3 - MM CObMOT AGFMMW,isAlso executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of 19 By CERT371CATE OF AUTHORITY OF MSON E MCUTIHG AGREE- MENT ON BERUR OF "USER" (To be executed in all cases except when user is an individual) certify that I am the of the State of Texas and that who signed the above and fore- going consent agreement on behalf of the was then the , of said that said consent agreement was duly signed for and on behalf of said by allthor'ty of its governing body and is within the scope of its corporate powers. Certified this day of . 19 (SEAL;) By - 4 - CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETH: WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof, and WHEREAS, On the 25th day of June 1947, the United States of America entered into an agreement NOy(R)- 111896 witk the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a r 2 inch gas line under and across the Governent's existing track at the location known as the "Railroad'sn Engineering Station 508 plus 90 as is shown more particularly on Exhibit "A "; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 11. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". 5. The said "User" has paid to the "Railroad" the sum of One Dollar (61.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform- able in the County of Nueces, Teas and binding upon the parties hereto, their successors and assigns. 2 EXECUTED IN DUPLICATE ON THIS day of 19$9• THE TEXAS MEXICAN RAII$AY COMPANY BY ATTEST: Secretary, The Texas Mexican Railway Company CITY OF CORPUS CHRISTI By City Manager "City" ATTEST: City Secretary THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER. MY HAND AND SEAL OF OFFICE, This day of , 1959. Notary Public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueees County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HUM AND SEAL OF OFFICE, This the day of , 1959. Notary Public, Nueces County, Texas I CONSENT AGREEMENT of the UNITED STATES OF AMERICA THIS AGREE, made and entered into, by and between the UNITED STATES OF AMERICA, represented by the District Public Works Officer, Eighth Naval District, acting under the direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy, hereinafter called the "Government" and The City of Corpus Christi whose address is CorPue Christi, Tenae hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and repairing a 2 inch gas line hereinafter referred to as the "Facility" on, through, under, over and across a portion of ]and described as follows: A strip of land 40 feet in length and 10 feet in width, the centerline of which intersects Station NseDber--5OT—P3.u13 90 of the existing railroad as shown on Exhibit "A" attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Te- e- Meaicaa Railway ComPaay for the construction of the "Facility" and approval Of the plane and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement re- quired from the owner and any and all parties having or claiming to have an in- terest therein. 3. This statement of no objection is not assignable or transferable, except upon vritten consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Further, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government," nor as in any way granting any part of the rights and interests owned by the "Government." 5. The "User" shall retain title to the "Facility" covered by this Instrument and all costs and ezqenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User." Upon the termination of the use, the "User" shall remove the hereinabove described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Govern- ment." In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government," the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User." 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User," and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the District Public Works Officer, Eighth Naval District, New Orleans, Louisiana, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation, repair, removal or restoration of the hereinabove de- scribed "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indemnify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as a result of death, iujury, loss destruction or damage. But this agreement shall not be construed as giving any cause of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. 8. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly re- paired by the "User" to the satisfaction of the "Government" or in lieu of such - 2 - repair or replacemsfit, of the election of the " Goverment" shall pay the "Government" an amount sufficient %o congeneate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9. This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances create an interference with the use and enjoyment of rights or interests of the goverment is the land by the "Government," its grantees or assigns. 10. No member of or delegate to the Congress, or Resident Commission- er sha77 be admitted to any share or part of this agreement, or to auy benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any imorporated compW, If the consent agreement be for the general benefit of such corporation or conpany. .11. The "User" varrante that no person or agency has been euployed or retained to solicit or secure this agreement, upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent fee, excepting bona fiAo established commercial agencies, maintained by the "User" for the purpose of securing business. For breach or violation of this warranty, the "Govern- ment" shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Government" by the "User" the full amount of such commission, percentage, brokerage, or contingent fee. IN WISS WHEREOF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day Of , 19 UNMM STATES OF AM= BY F. L. ENDMUM Captain, CEC, USN Distract Public Works Officer Eighth Naval District Acting under the Direction of the Chief of the Bureau of Yards and Docks and the Secretary of the Navy - 3 - MM CONSENT AGBUNUT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of 19 , By. CERTIFICATE OF AUTHORITY OF PMSOX fiTRCUTM AGREE - NENT ON BMUZ OF "Um" (To be executed in all cases except when user is an Individual) certify that I am the of the state of Texas and that who signed the above and fore- going consent agreement on behalf of the was then the , of said that said consent agreement was duly signed for and on behalf of said by authority of its governing body and is within the scope of its corporate powers. Certified this nay of 19 (sue) - 4 -