1966-02-03 CITY COUNCIL SPECIAL MEETING MINUTES MINUTES OF A SPECIAL MEETIN_G HELD ~N ~EBRUARY 3,
1966 BY CITY C0 CIL OF CITY V: 30
A special meeting of the Pearland City Council was called to order at
7:30 P. M. on February 3, 1966 by Mayor Kegley with the following
present:
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Secretary
John G. Kegley
Steven A. Shukanes
Victor A. Nolen
Joe Dan Calvin
Basil L. Cogbill
Gene E. Sanders
W. A. McClellan
Visitors: Hal W. Wilcox,representing Field Enterprises, Susan Bridges
representing the Pearland Progress~ Bill Frascino, Van Boone, Robbie
Robertson, Frances Jamison, Mrs. Alma Shydot, L. E. Dittmann, James
Young, Buddy Ellis and D. Kelley.
Mayor Kegley opened the meeting at 7:30 P. M. by stating that the purpose
of the meeting was to present to the Council for execution, the contract
offered by the A. T. & S. F. Railway Company on the Orange Street Crossing,
and for Mr. Wilcox of Field Enterprises to present his problem, and for
any other business that might come before the Council.
Mr. Wilcox presented the Linen Plat for Tract A on F. M. 518 for final
approval.
The meeting was recessed for five minutes in order for the Subdivision
Committee to study the final plat for their recommendation to the Council.
The meeting reconvened at 7:45 P- M.
A motion was made by Councilman Nolen, seconded by Councilman Shukanes
that the City accept the final linen plat for Tract A, of Field Village
which is a commercial tract. WHEREURON, the question was asked and
the motion carried, all Councilmen voted "aye" with no "noes."
Following due discussion a motion was made by Councilman Sanders that
the City Council accept the contract offered by the A. T. & S. F. Railway
Company on the Orange Street Crossing and adopt the following Resolution.
THE STATE OF TEXAS
CITY OF PEARLAND
BE IT KNOWN that on the 3rd day of February, 1966, at
a special meeting of the City Council of the City of Pearland,
Brazoria County, Texas, there came on to be considered the matter
of the execution of a contract between the City of Pearland, Texas,
and The AtchisOn, Topeka and Santa Fe Railway Company, pertaining
to the use by said the City of Pearland, Texas, of a certain
portion of property of said Railway Company for a public street,
whereupon the following proceedings were had:
IT WAS MOVED, SECONDED AND ~ANIMOUSLY VOTED that John.
G. Kegley, Mayor, be authorized and empowered to execute~on behalf
of the City of Pearland, Texas, such contract or agreement, a copy
of which is hereto attached and that the same be recorded in the
Minutes of the City Councilat the foot of this Resolution.
I. W. A. McClellan, City Clerk of the City of Pearland,
Texas, do hereby certify that the above and foregoing~is a true and
correct ~py of a Resolution passed by the City Council of said City,
in Special session on the 3rd day of February, 1966, as the same appears
of record in Book No. 3, Page No. 8, Minutes of said City Council.
IN TESTIMONYWHEREOF, Witness my hand and the seal of said
City, this the
RECITALS:
AGREEMENT made as of the 3rd*
day of Feb~aary, 1966, between
THE ATCHISON, TOPEKAAND SANTA
FE RAILWAY COMPANY, a Kansas
Corporation, hsreinafter called
Santa Fe and the City of Pearland,
Texas, a municipal corporation in
Brazoria County, Texas, acting
herein by and through its Mayor,
hereunto duly authorized, here-
inafter called "Licensee":
WITNESSETH:
Licensee desires to use a certain portion of the property
of Santa Fe, A Railway Mile Post lO + z lic
County, Texas, upon which to construct road
upon the terms and conditions hereinafterstated. or
A G R E E M E N T: street
ARTICLE I
1. Santa Fe, for and in consideration of the sum of
ONE AND N0/100 ($1.00) DOLLAR, cash to it paid by Licensee, the receipt
whereof i~ hereby acknowledged, and of the full and faithful perform-
ance by Licensee of~Its covenants hereinafter set forth, hereby licenses
Licensee ~o construct, maintain and use a public road or street on that
certain portion of the property of Santa Fe, situated at Railway Mile
Post l0 · 2057.6 feet in Pearland, Brazoria County, Texas, shown in red
on Print D. E. 0. Temple, Texas, No. 6453, dated December 31, 1965,
hereto attached marked Exhibit "A", and made a part hereof.
2. Santa Fe agrees that it will, at its own expense,
adjust the elevation of :and resUrface its side tract, adjusttits com-
munication line and furnish~necessary engineering in connection with the
above mentioned work and in connection with the installation of the
timber crossings and flashing light signals with ~ates at this crossing
location.
3.~ Santa Fe agrees that it will. install and thereafter
maintain at grade, within the limits of the ties, twenty-four (24) foot
timber crossing on its main and side~tracks, provided that in the event
of discontinuance of use by Santa Fe of either or both of said tracks
all obligations assumed by it hereunder.as to such track or tracks
shall cease and be at an end.
4- Santa Fe agrees that it will install, and thereafter
maintain, two flashing light signals with gates at said crossing loca-
tion, provided that in the event of discontinuance of use by Santa Fe
of said tracks all obligations assumed by it hereunder as to such tracks
shall cease and be at an end.
ARTICLE II
In consideration of the aforesaid license, Licensee
covenants and agrees to and with Santa Fe as follows:
1. That it will contribute a total of thirteen thousand
dollars ($13,000.00) to the cost of placing the timber crossing and
flashing light signals with gates. Licensee agrees to pay this $13,000.00
contribution to Santa Fe within thirty (30) days after the installations
of the timber crossings and flashing light signals are complete.
2. That it will use the licensed premises exclusively as
a site for a public road or street.
3. That it will not let or sublet the whole or any part
of the licensed premises for any purpose whatsoever or assign this
license without the written consent of Santa Fe in each instance.
4. That in case of eviction of Licensee by anyone
owning or claiming title to the whole, or any part of the licensed
premises, Santa Fe shall not be liable to Licensee for any damage of
any nature whatsoever.
5. If the licensed premises, or any part thereof, cease
to be used at any time for the purpose licensed, Licensee will deliver
up to Santa Fe the possession of the whole, or such part so ceased to
to used.
6. That it will use the licensed premises and maintain the
public road or street to be located thereon in such manner as not to
interfe~ with, hinder, or in any manner obstruct the use by Santa Fe
of its railroad, or other property adjacent thereto. In the event of
a breach of this covenant at any time, Licensee will, within ten (10) days
after receipt of written notice from Santa Fe thereof, do whatever may
be necessary to remedy such condition, and, failing so to do within
said time, Santa Fe may do so at Licensee's expense, fill for the cost
of which Licensee will promptly pay.
7. That no legal right of Santa Fe to maintain, use and
relocate the railroad track, tracks, or other railroad facilities, now
located upon the licensed premises, or to construct and thereafter main-
tain, use and relocate any additional track or tracks or other rail-
road facilities,· as it may desire upon or across said licensed premises,
shall be in anywise affected by the giving of this license.
8. That it will bear and pay the entire cost of constructing
and maintaining the public road or street upon the licensed premises
(except the portion thereof to be maintained by Santa Fe, as provided
in Section 3 of Article I), including any and all drainage facilities
made necessary or required because thereof and all paving, curb and
gutter and sidewalks.
9. That if it shall become necessary in connection with
future reconstruction and/or maintenance of said public road or street
to make any changes or alterations in Santa Fe's right of way fences,
signals, power, and/or other facilities located upon the licensed
premises, such changes or alterations, if agreeable to Santa Fe, will
be made by Santa Fe at Licensee's expense, bill for the cost of which
Licensee will promptly pay.
10. That this license is made subject to all existing
and future contacts, agreements, licenses and/or easements covering
roads, public or private, wire lines and appurtenances, pipe lines,
or other facilities which may now or hereafter be located upon, under
or across said licensed premises.
11. That all of the covenants hereof shall inure to the
benefits of the successor and assigns of Santa Fe, to the same extent
as to Santa Fe.
ARTICLE III
The parties mutually agree that this license shall be
effective from its date and thereafter so long as said public road or
street shall be located on the licensed premises and be maintained by
Licensee in accordance with the providions of Section 6, of Article II
hereof.
IN TESTIMONYWHEREOF, the parties have axecuted this
agreement, in duplicate, on the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY
ATTEST:
Secretary for Ry. Co.
ATTEST:
W. A. McClellan
City Clerk
By
By:
Its President
CITY OF PEARLAND, TEXAS
John G. Kegley
Mayor
Mayor Kegley acknowledged receipt of a gross receipts check from the
Houston Natural Gas Company in the amount of $1,796.36 for-~the year
1965.
Motion made by Councilman Galvin that City draw up field notes for
the Industrial Road Right-of-Way on the Earl A. Carpenter Tract No. 8
for .660 acres of land and that money be appropriated at the rate of
$3,000.00 per acre for the purchase of the road right-of-way only.
City Attorney to draw up deed. Motion seconded by Councilm~n>Sanders.
WHEREUPON, the question was asked and the motion carried;l!~aI~"~o~ncfl-
"a e"
men voted y with no "noes"
Motion made by Councilman Calvin, seconded by Councilm~p~Nolen that the
Mayor be authorized to have an expense item not to exceed $30.00 for
the specific purpose of inviting the Mayors of~the surrdu~ding a~ea~
to joint meeting to discuss our mutual problem of future
WHEREUPON, the question was asked and the motion carried, all Council-
"a e" .
men voted y with no "noes"
Meeting adjourned at 9:00 P. M.
Minutes approved as read and/or corrected this the/~
ds~ of
ATTEST ·
W. A. McClellan,
City Secretary
· A. D. 1966.
john G. Kegley,. ayor~o~ ......... --