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Home My WebLink About05475 ORD - 09/02/1959r, IMS:JKH:8 -31 -59 y TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY FOR CROSSING OF SAID COMPANY RAILROAD AT SAVAGE LANE] IN THE CITY OF CORPUS CHRISTI, WITH WATER ER LINE, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHICH APPROVES INSTALLATION OF 81, WATER LINE UNDER RAILROAD TRACK OWNED BY THE TEXAS MEXICAN RAILWAY COMPANY, LOCATED AT SAVAGE LANE IN THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF SAID CONSENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE CONSENT AGREEMENT AS OUTLINED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE 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 PASSAG IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE LDAY of 1959. MAYOR ATTESD/ (( / THE CITY 6ORPUS CH STI, TEXAS �/ ' �� \ CITY SECRETARY APPROVED AS TO LEGAL FORM THI THE 3/ DAY OFD /�, 1959: CITY ATTORNEY 5475 THE STATE OF TEXAS t COUNTY OF NUECES f KNOW ALL MEN BY THESE PRESENTS, THIS AGeEeMeaT ENTERED INTO BY AND BETWEEN THE TCXA$ MEXICAN RAILWAY COMPANY, A TEXAS CORPORATION,, DOMICILED IN WEBB COUNTY, TEXAS, AND H0VINAFTER CALLED "RAILROAD" AND CITY OF CORPUS CHRISTI, A TEXAS MUNICIPAL CORPORATION, DOMICILED IN NUECEB COUNTY. TEXAS# HEREINAFTER CALLED "CITY ". WITNESSETHI 1, THAT THE CITY DESIRED TO INSTALL AN EIGHT (8 ") INCH WATER PIPE LINE IN SAVAGE LANE, A PUBLIC STREET IN THC CITY OF CORPUS CHRISTI, UNDER THE RAILROAD'S EXISTING TRACKS, SAID EIGHT (8 ") INCH MATER LINE TO BE LOCATED AT ABOUT 1390 FEET EAST OF MILE POST 158 IN SAID SAVAGE LANE AS SHOWN ON THE SKETCH WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR PURPOSCB OF DESCRIPTION AND LOCATION. 2. SAID EIGHT (8 ") INCH WATER LINE SHALL 6e ENCLOSED AND ENCASED IN A CONDUIT FOR A DISTANCE OF TEN (101) FEET IN BOTH DIRECTIONS FROM INC CENTER OF THE CENTERLINE OF THE RAKROADIS TRACKS. SAID WATER LINE ACROSS TUC RIGHT-Or-WAY SHALL BE LAID AND INSTALLED AT A DEPTH OF AT LEAST FEET BELOW THE Top OF THE TIE OF THE EXISTING TRACK. 3• THE CITY W14L MAINTAIN,SAID LING SO AS TO KEEP IT FREE PROM LEAKS AND 80 THAT IT WILL NOT IMPAIR-DRAINAGE. II. THE RAILROAD AGREES THAT SUCH WATER pipe CAN BE INSTALLEO AS ABOVE STIPULATED AND THE CITY AGREES THAT IT WILL BE INSTALLED AND MAIN- TAINED AS ABOVE SET OUT. �. ALL OBLIGATIONS IMPOSED By THIS CONTRACT SHALL BE PERFORM- ABLE IN NUECEB COUNTY, TEXAS, AND BINDING ON INC PARTIES HERETO. THEIR SUCCESSORS AND A881GNII.. EXECUTED IN DUPLICATE DN THIS DAY OF . -- ._......�_,..• 1959• ATTESTS THE TEXAS MEXICAN RAILWAY COMPANY BY SECRETARY, HE TEXAS'�IEYICAN V }tE► REStpEb7 .. RAILWAY C094PANY ENE,AL aAGEfl ATTEST' CITY OF CORPUS CHRISTI;' BY OEM ERT W. WHITNEY, CITY AGE, APPROVED AS TO LEGAL FORM THE 20TH DAY OF AUGUST, 19591 CITY TTORNEY Propose �!% �r�f�rr =° SAVAGE LANE yew i , CITY OF CORPUS Cl4RtST 1 WAT £.- R' -OAY'l S4 -O lv PRO, WATER UNE CROSSING A STATE 14WY -44 --& TEX'MEX RR i .� 8-10-59 CORPUS CHRISTI AY OF 495 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTis TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY 0 RPUS CHR TI,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN -- PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING E_ ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART d JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.