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HomeMy WebLinkAbout10321 ORD - 06/30/1971vMP:6/28/71 . I . ` ` TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE MISSOURI- PACIFIC RAILROAD COMPANY TO USE THEIR POLES AND WIRES WITHIN THEIR RIGHT OF WAY BETWEEN THREE RIVERS, TEXAS, AND THE NUECES RIVER SOUTH OF THREE RIVERS TO MAINTAIN ONE PAIR OF TELEPHONE WIRES TO SERVE THE TELEMART TRANSMITTER ON THE U.S.G.S. GAUGING STATION ON THE NUECES RIVER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO EXECUTE AN AGREEMENT LETTER WITH THE MISSOURI- PACIFIC RAILROAD COMPANY FOR THE USE OF POLES AND WIRES FOR THE MAINTENANCE OF A PAIR OF TELEPHONE WIRES EXTENDING FROM MILE POLE 77 -09 AT THREE RIVERS, TEXAS, TO MILE POLE 79 -00 AT THE NUECES RIVER, TO SERVE THE TELEMART TRANSMITTER ON THE U.S.G.S. GAUGING STATION ON THE NUECES RIVER, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF AN AGREE- MENT FOR THE PURPOSES AFORESAID 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 INTRO- DUCTION 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 SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 69KDAY OF / 1971. V 1 ATTEST: OL.f . Cl", AYOR THE CITY OF C CHRISTI, TEXAS CITY SECR LTAjt) L =� APPROVED: v q DAY OF , 1971: CI ATTOR EY 10321 THIS AGREEMENT, executed in duplicate, June 10, 1971, by and between MISSOURI PACIFIC RAILROAD COIMPANY, herein called "Carrier ", to be addressed at St. Louis, Missouri, and the CITY OF CORPUS CHRISTI, a municipal corporation of the State of Texas, herein called "City ", WITNESSETH: RECITAL: City desires to remove the 10 -pin arms from Carrier's poles and deliver material to Carrier's station in Three Rivers, Texas; then replace defective poles with a similar size creosoted material, and to install 2 -pin arms on each pole with existing wire placed on the insulators. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter contained, it is agreed that: 1. Carrier grants to City permission to perform the above work on pole line between Mile Pole 77-09 at Three Rivers, Texas and Mile Pole 79 -00 at the Nueces River. City agrees td pay Carrier a 01.00 consideration for privilege granted. 2. City agrees that Carrier has no responsibility for the operation of said wire line, or liability for the failure of said wire to operate in the manner it is intended, or for failure to maintain the same. 3. Term hereof 'began June 10, 1971, and shall continue thereafter until concluded by expiration of 60 days following serving by Carrier on City or vice versa of written notice of intention to end term or by City failing to cure any default within 15 days following written request to do so. Any notice of Carrier or City shall be deemed served when deposited, postage pre- paid, in U. S. Mail addressed as aforesaid. Not later than last day of term hereof, City shall remove wires. Any wires not so removed shall, at Carrier's election without notice, be deemed abandoned. Covenants herein shall inure to or bind each party's legal representatives, successors and assig=ns. Carrier or City may waive any default at any time of the other without affecting, or impairing any right arising from,•any subsequent default. IN YTITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. WITNESSES: MISSOURI PACIFIC RAILROAD COMPANY ATTEST: By. City S cretary APPROVE By General Manager CITY OF CORPUS CHRISTI By A144 4K City Nanager CIT ATTORNEY , /�V DIRECTOR OF FINANCE CORPUS CHRISTI, TEXAS _34� DAY OF v� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. CTFULLY, .Y MAYOR THE CITY OF COR4 S CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE $IZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ ///, REV. HAROLD T. BRANCH /�,f✓ I G2� THOMAS V. GONZALES GABE LOZANO, SR. LLC.LC J % altIlt- J. HOWARD STARK N THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONN I E S I ZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH _1 J THOMAS V. GONZALES THOMAS �LGGL //L�J GABE LOZANO, SR. J. HOWARD STARK