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
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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
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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
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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
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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)
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