The URL can be used to link to this page

Home My WebLink About18523 ORD - 10/23/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF TWO AGREEMENTS WITH MISSOURI PACIFIC RAILROAD COMPANY FOR THE USE OF THE UNDERTRACK UNLOADING FACILITY AND ADJACENT STORAGE YARD AT THE MISSOURI PACIFIC RAILROAD YARD AT SAM RANKIN AND WEST BROADWAY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute two agreements with Missouri Pacific Railroad Company for the use of the undertrack unloading facility and adjacent storage yard at the Missouri Pacific Railroad yard at Sam Rankin and West Broadway, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and B. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned agreements at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 23rd day of October, 1984. ATTEST: City t�' MAYOR THE CIT OF CORPUS CHRISTI, TEXAS APPROVED:2310Y OF OCTOBER, 1984 J. BRUCE AYCOCK, CITY ATTORNEY '' 18523 grm 2008( MISSOURI PACIFIC RAILROAD COMPANY P. 0. Drawer "M", Spring, Texas 77383 August 24, 1984 City of Corpus Christi, Texas P. 0. Box 9277 Corpus Christi, Texas 78408 OEK- Lease: CORPUS CHRISTI, TEXAS City of Corpus Christi, TX (80449) Gentlemen: Reference is made to that certain written agreement, dated January 16 , 1980 , our No. CA -80449 , hereinafter called 'Basic Agreement", between MISSOURI PACIFIC RAILROAD Company and CITY OF CORPUS CHRISTI, TEXAS , covering the ownership, maintenance and use of a 125 -foot intermediate section of Track No. 28 , at Corpus Christi, Nueces County, Texas . Section 2 of Basic Agreement covers, among other things, the cost of main- taining certain trackage. Inas_ash as the costs of labor, materials and administration have increased appreciably, the maintenance charge contained in Basic Agreement is no longer adequate to cover present day costs of track maintenance. It is, therefore, necessary that the annual maintenance charge be increased to more nearly cover these costs. Now, therefore, effective January 16, 1985 , it is understood and agreed that those certain figures " $0.80 ", appearing in Section 2 of Basic Agreement, pertaining to the cost of maintenance, shall be changed to read " $0.95 ". It is further understood and agreed that the cost of maintaining such track- age may be redetermined for the aforesaid reasons at any time subsequent to the expiration of five years following the date on which the cost of maintenance was last determined or established. This letter is handed you in duplicate. Please indicate your acceptance by signing in the space provided and returning the duplicate hereof to the undersigned, following which this letter shall become a supplement to Basic Agreement, amending same solely to the extent herein provided. Basic Agreement, as hereby supplemented and amended, shall remain in full force and effect pursuant to the terms and conditions provided therein. ACCEPTED AND AGREED: CITY OF CORPUS CHRISTI, TEXAS By: Title: City Manager /drf ATTEST: Cl'ity Secretary - - Yours very truly, MISSOURI PACIFIC RAILROAD COMPANY APPROVED: _.DAY OF OCTOBER, 1984 — J. -BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Assistant City Manager rr0,. "' w K) 4 MISSOURI PACIFIC RAILROA1) CO. P. 0. Drawer "M", Spring, Texas 77383 August 24, 1984 City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Gentlemen: OEK- Lease: CORPUS CHRISTI, TEXAS City of Corpus Christi, TX (80449) 20085 Reference is made to that certain written agreement of lease, dated February 10 , 1950, our No. CCL -0-16035 , hereinafter called "Basic Lease", pursuant to which MISSOURI PACIFIC RAILROAD Company let and CITY OF CORPUS CHRISTI leased 28,298 square feet of ground at Corpus Christi, Nueces County, Texas Supplement to $B)C7tBX']CYXBasic Lease provides.that rental may be redetermined at the end of each five-year period this lease may be in effect; therefore, MISSOURI PACIFIC RAILROAD Company desires to supplement Basic Lease to increase rental to a figure more representative of present-day rentals. Now, therefore, effective February 1. 1985 , it is understood and agreed that . Ox m BBNINXIN/00000gggg xatlILNIgN2XXNXIM0( the portion of Section 1 of Basic Lease pertaining to rental shall be changed to read: "1. Lessee shall pay, and Carrier shall accept, in equal annual installments, each in advance, rental of $ 2,690.00 per annum. Rental may be redetermined by Carrier at any time subsequent to the expiration of five years following the date on which rental was last determined or established. Lessee shall pay all taxes on Lessee's property and all charges for utilities used on Premises. "The payment hereunder by Lessee of any sums in advance shall not be held to create an irrevocable license for the period for which the same is paid, but Carrier may terminate this agreement, as hereinafter provided, and refund the payment for the balance of the period for which same -has been paid; provided, however, that no unearned rental shall be refunded if the termination of the lease be (a) on account of violation or non -fulfillment of any of the terms of this lease by the Lessee, or (b) on account of abandonment of said Premises by the Lessee, or (c) if the unearned rental shall not exceed Twenty -Five Dollars ($25.00). "Acceptance of rental payment by the Carrier from the Lessee after any default by the Lessee or after termination or expiration of the agreement, howsoever, or after the serving of any notice, or after the commencement of any suit, or after final judgment for possession of said property, shall not waive such default or reinstate, continue or extend the terms of the agreement or affect any such notice or suit, as the case may be." This letter is handed you in duplicate. Please indicate your acceptance by signing in the space provided and returning the duplicate hereof to the undersigned, following which this letter shall become a supplement to Basic Lease, amending same solely to the extent herein provided. Basic Lease, as hereby supplemented and amended, shall remain in force and effect pursuant to the terms and conditions provided therein. ACCEPTED AND AGREED: Yours very truly, MISSOURI PACIFIC RAILROAD COMPANY CITY OF CORPUS CHRISTI By: Title: City Manager /drf ATTEST: City Stecrctary By benerahf�nage j��J`(p�rR APPROVED: DAY OF OCTOBER, 1984 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Assistant City Manager Corpus Christi, Texas Zia day of Ot, 198' TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18523