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HomeMy WebLinkAbout05731 ORD - 04/06/1960PPP7� _0 IMS ;JKH:4-6 -E0 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, A JOINT AGREEMENT MADE FOR AND ON BEHALF OF THE CITY OF C07PUS CHRISTI COUNTY OF NUECES AND NUECES COUNTY NAVIGATION DISTRICT N0. WITH THE MISSOU I PACIFIC RAILROAD COMPANY THE TEXAS MEXICAN RAILWAY COMPANY AND EXAS AND NEd 0 LEANS AIL OAD COMPANY, GENE ALLY FE ED TO AS P IMA Y AG EEMENT CO PUS CHRISTI RAILROAD RELOCATION PROJECT" AS A PART OF THE BASCULE BRIDGE RELOCATION PROJECT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, IT HAS BEEN ANTICIPATED SINCE THE PUBLIC HEARING HELD IN DECEMBER, 1952, BY THE UNITED STATES ARMY CORPS OF ENGINEERS, WHICH RESULTED IN THE DECLARATION OF THE BASCULE BRIDGE AS AN OBSTRUCTION TO NAVIGATION,THAT THE RAILROADS CONCERNED WITH THE RELOCATION OF SAID BRIDGE TO ELIMINATE SAID BOTTLENECK DID ENTER INTO AN AGREEMENT WITH THE LOCAL GOVERNMENTAL BODIES; CITY OF CORPUS CHRISTI, COUNTY OF NUECES AND NUECES COUNTY NAVIGATION DISTRICT No. 1p FOR THE RELOCATION OF RAIL- ROADS, YARDS AND OTHER FACILITIES USED IN PROVIDING RAIL SERVICE TO CORPUS CHRISTI AND ITS INDUSTRIES AND PORT; THAT AN AGREEMENT WOULD BE REDUCED TO WRITING EMBODYING ALL OF THE TERMS AND CONDITIONS OF SAID RAILROAD RELOCATION PROJECT; AND WHEREAS, SUCH AGREEMENT HAS BEEN REDUCED TO WRITING AND IS TENTATIVELY AGREED TO BY ALL OF THE PARTIES CONCERNED THROUGH THEIR REPRESENTATIVES AND IT IS DESIRED THAT THE CITY JOIN IN THE EXECUTION OF SAID WRITTEN AGREEMENT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE "PRIMARY AGREEMENT, CORPUS CHRISTI RAILROAD RELOCATION PROJECT," A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. THAT UPON SAID EXECUTION WITH ALL OTHER PARTIES THERETO, THAT DELIVERY OF SAID AGREEMENT BE MADE TO THE OTHER PARTIES PARTICIPATING IN THE EXECUTION THEREOF. a • SECTION 2. THE NECESSITY FOR PROMPT EXECUTION OF THE ABOVE MENTIONED PRIMARY AGREEMENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE 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 MAYORS 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 INTRO- DUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PA SAGE, IT IS ACCORDINGLY PASSED AND APPROVED, ! f THIS THE AY OF �.i �,/�_y� , 196o. I ATTEST: -� 6 MAYOR THE CITY OF CO CHRISTI 6EXAS CITY SECRETARY /-. APPROVED AS TO LEGAL FORM THIS THE J;, DAY OF ig6o: x . `+ CITY ATTORNEY MARCH 0969 e PRIMARY AGREEMENT CORPUS CHRISTI RAILROAD RELOCATION PROJECT THIS AGREEMENT, made and entered into by and between CITY OF CORPUS CHRISTI, acting herein by its City Manager, here- unto duly authorized by action of its City Council, hereinafter called "City"; COUNTY OF NUECES, acting herein by its County Judge, hereunto duly authorized by .order of its Commissioners Court, hereinafter called "County "; NUECES COUNTY NAVIGATION DISTRICT NUMBER ONE, acting herein by its Chairman, hereunto duly authorized by action of its Board of Navigation and Canal Commissioners, hereinafter called "District "; MISSOURI PACIFIC RAILROAD COMPANY, a Missouri Corporation, hereinafter called "MOPac "; THE TEXAS MEXICAN RAILWAY COMPANY, a Texas corpora- tion, hereinafter called "Tex Mex "; and TEXAS AND NEW ORLEANS RAILROAD COMPANY, a Texas corporation, hereinafter called "T&NO "; WITNESSETH: WHEREAS, City has entered Into a contract dated Janu- ary 10, 1955, with United States of America covering construc- tion of a new vertical lift bridge (hereinafter called "Upper Harbor Bridge ") over Tule Lake Channel approximately 1 -1/2 miles above Avery Point Turning Basin to replace existing City -owned bascule lift bridge (hereinafter called "Bascule Bridge ") at entrance to Port of Corpus Christi; WHEREAS, said Bascule Bridge, which is now used by T&NO to reach its freight terminal and industrial property lying south of Port of Corpus Christi and also as a means of access -1- to District's trackage on north side of the Port, will be re- moved in compliance with terms of said contract of January 10, 1955, between City and United States of America, which removal will deprive T&NO of present means of reaching said freight terminal and industrial property and will sever present means of access to District's said trackage on north side of the Port; WHEREAS, by virtue of an understanding between T&NO and City, County, and District that there uld be preserved to T&NO the means of continuing to provide rail service to its Corpus Christi industries and to Port of Corpus Christi, T&NO Is willing that its facilities and methods of operations be modified to extent made necessary by removal of said Bascule Bridge; WHEREAS, to permit partial accomplishment of modifi- cation of T&NO's facilities and operations, T&NO, MoPac, Tex Mex, and District are agreeable to T&NO operating its road trains into Corpus Christi, on a bridge - rights basis only, over Dis- trict's trackage on north side of Ship Channel; WHEREAS, to also permit partialaccomplishment of modification of T&NO's facilities and operations, T&NO and Tex Mex are willing to join in a consolidated freight yard opera- tion through establishment of a joint Tex Mex -T&NO train yard and freight and engine terminal (hereinafter called "Joint Yard ") alongside Highway State 44 between Lexington Boulevard and a point near Tex Mex Mile Post 156; WHEREAS, to permit further partial accomplishment of modification of T&NO's facilities and operations, MoPac, Tex Mex, and T (hereinafter called "Carriers" when referred to callec- -2- • tively) and City, County, and District are willing that a new line of railroad be constructed from Upper Harbor Bridge to connection with tracks of Tex Mex to afford T&NO a route to new Joint Yard, to provide means of access to District's track- age on north side of the Port for use by Carriers, and to facilitate interchange operations; WHEREAS, to complete accomplishment of modification of T&NO's facilities and operations, City, County, and District are willing to provide certain lands, trackage, and ancillary facilities (together with changes of trackage and facilities of Carriers and District) necessitated by such modification; WHEREAS, Carriers and District are agreeable to es- tablishment of a new freight car yard for purposes of facili- tating interchange operations between Carriers and Corpus Christi Terminal Association (hereinafter called "CCTA ") at a suitable location on north side of Ship Channel; WHEREAS, Carriers and District are agreeable to amend- ment of contract of January 23, 1929, and supplements thereto, creating and governing CCTA (hereinafter called "CCTA Agreement "), as required to provide for said contract to be in harmony with this Agreement and other agreements referred to herein] WHEREAS, Texas Highway Department, by appropriate Minute Order, has agreed with City that it will provide a cer- tain railroad- highway grade separation structure at Highway State 9 to permit uninterrupted flow of vehicular and rail traffic at a specifically agreed upon location; and WHEREAS, there is attached hereto, and made a part hereof, a map marked Exhibit "B" which shows in appropriate -3- colors and notations the essential parts of the plan as here- inafter provided for by this Agreement; NOW, THEREFORE, the parties hereto mutually covenant and agree to and with each other as follows: ARTICLE I (SAVAGE LANE LM) (1). City, County, and District (individually or Jointly as their interests appear) agree to provide a new line of railroad (hereinafter called "Savage Lane Line ") extending southward from south end of Upper Harbor Bridge, crossing MoPac main track near Y4ppac Mile Post 1146, to a connection with Tex Mex main track near Tex Mex Mile Post 158, together with two auxiliary connecting tracks (hereinafter called "Connecting Tracks" when referred to collectively) between MoPac main track and Savage Lane Line, being a connection in northeast quadrant of crossing (hereinafter called "Interchange Connection ") and a connection in southeast quadrant (hereinafter called "MoPac Connection "), all as shown on map bearing Consulting Engineer's Drawing Number 59 -1, dated March 9, 1959, hereby made a part hereof by reference. (2). In providing said Savage Lane Line and Connec- ting Tracks, City, County, and District (individually or jointly as their interests appear) agree to undertake, or to cause to be undertaken, without cost to Carriers, the following: (a). Acquisition of all lands, rights -of -way, property rights, easements, and franchises neces- sary for construction of Savage Lane Line and Connec- ting Tracks, it being agreed that any lands or rights- -14- of -way owned by MoPac and Tex;Mex needed for con- struction of Savage lane Line and Connecting Tracks will be made available by MoPac and Tex Mex without charge therefor; (b). Rearrangement and relocation of communi- cations lines, power lines, sewer lines, pipe lines, and all other facilities of any kind, including en- casement or other protection of pipe lines, as made necessary by construction of Savage Lane Line and Connecting Tracks; (c). Construction of Savage lane Line and Connecting Tracks, including all necessary grading, drainage structures and facilities, interlocking and power - operated switches, communication lines, and other appurtenant railroad facilities in accordance with plans and specifications therefor approved by the parties hereto, hereby made a part hereof by reference; (d). Provision of all grading, drainage struc- tures and facilities, paving, grade crossing protec- tion devices, and other facilities necessary for cross- ings of Savage Lane Line and Connecting Tracks at grade by vehicular streets, roadways, and highways, except Highway State 9 which is to be grade separated by Texas Highway Department under provisions of a separate agreement (hereinafter called "Grade Separa- tion Agreement "); and -5- (e). Construction of grade separation struc- tures at Savage Lane Line crossing of Up River Road and at the crossing of Savage Lane Line and existing Mopac main tract by New Navigation Boulevard (Upper Harbor Bridge Road), which new road will be constructed as part of the Bascule Bridge Removal and Railroad Re- location Project, -- which grade separation structures are recognized to be desirable by all parties to this Agreement and will be constructed as a part of the said project if sufficient funds are available as here- inafter set out. Such construction will be undertaken if funds available from outstanding bond issues h4etofore voted on March 17, 1955 (County and District), and May 21, 1955 (City), for Bascule Bridge Removal and Railroad Relocation Project are sufficient in amount to complete such project and, in addition, sufficient to defray cost of such grade separation construction. If such funds are not sufficient and if it becomes necessary for City, County, and District, or any one or more of them, to submit additional bond issues to the voters for funds to complete the project other than grade separation structures, then City, County, and District will submit to the voters at the same time (unless funds are available for such pur- pose from other sources), but as separate issues, addi- tional bond issues in amount estimated to be suffi- cient to defray costs of such grade separation struc- M tures, and if all the bond issues therefor are approved the funds available from sale of such bonds will be used to construct such structures. (3). In event of failure to acquire necessary lands, rights -of -way, property rights, and easements, as required in Section (2) (a) of this Article I, on terms agreeable to City, County, and District, it is agreed, upon request and at sole cost of City, County, and District, that Carriers will exercise or join in the exercise of power of eminent domain in acquisi- tion of said lands, rights -of -way, property rights, and ease- ments. • (4). It is agreed that ownership of Savage Lane Line and Connecting Tracks, including all appurtenant railroad facili- ties and automatic interlocking but _excluding T&NO communica- tions facilities, shall be as follows: (a). MoPac shall own those parts of MoPac Connection and Interchange Connection occupying MoPac normal right -of -way, said ownership to include turn- outs in MoPac main track] (b). Tex Mex shall own that part of Savage Lane Line, including turnout in Tex Mex main track, occupying Tex Mex normal right- of -wayj and (c). District shall own remaining pats of Savage lane Line and MoPac Connection and Interchange Connection, including right -of -way and all property rights except such MOPac norm right -of -way and Tex Mex normal right -of -way as is occupied by Savage Lane Line. -7- (5). District hereby grants without cost to MoPac, Tex Mex, T&N0, and CCTA, and to each of them, equal rights and privileges, on a bridge- rights basis only, of joint use and operation of those parts of Savage Iane Line and MoPltc Connec- tion and Interchange Connection owned by District without pay- ment of any rental or other fee (exclusive of cost of mainten- ance and operation) to District for such rights and privileges for so long as MoPac, Tex Mex, T&N0, and CCTA, or any of them, may desire to continue such joint use and operation. Use of all rights and privileges hereby granted shall be subject to provisions of a separate operating agreement (hereinafter called "Corpus Christi Joint Track Agreement ") or CCTA Agree- ment as amended as provided for therein. (6). MoPac hereby grants without cost to District, T&N0, Tex Mex, and CCTA, and to each of them, equal rights and privileges of joint use and operation, on a bridge - rights basis only, of those portions of MoPac Connection and Interchange Connection owned by MoPac without payment of any rental or other fee (exclusive of cost of maintenance and operation) to MoPac for such rights and privileges for so long as District, T&N0, Tex Mex, and CCTA, or any of them, may desire to continue such joint use and operation. Use of all rights and privileges hereby granted shall be subject to provisions of Corpus Christi Joint Track Agreement or CCTA Agreement as amended as provided for therein. (7). MoPac also hereby grants to City, County, and District right and privilege to have constructed, at their sole M cost and without cost to MoPac, such drainage facilities, to- gether with connecting ditches, beneath MoPac main track as are made necessary by construction of that portion of Savage Lane Line located south of MoPac main track. Such facilities shall be provided in accordance with plans and specifications approved by MoPac. MoPac shall own, maintain, renew, and make additions and betterments to such facilities, cost of such maintenance, renewal, and additions and betterments to be borne as provided for by Corpus Christi Joint Track Agreement. (8). Tex Mex hereby grants without cost to District, MoPac, T&N0, and CCA, and to each of them, equal rights and privileges, on a bridge - rights basis only, of joint use and operation of that portion of Savage Lane Line owned by Tex Mex without payment of any rental or other fee (exclusive of cost of maintenance and operation) to Tex Mex for such rights and privileges for so long as District, MoPac, T&,NO, and CCTA, or any of them, may desire to continue such joint use and operation. Use of all rights and privileges hereby granted shall be subject to provisions of Corpus Christi Joint Track Agreement. (9)• It is agreed that no industrial lead or other industry tracks ],all ever be connected to Savage Lane Line for purpose of serving any industries or industrial areas lying between south side of Tule Lake Channel and Tex Mex main track, subject to provisions that: (a). One industry track may be constructed by District at its own cost connecting with that portion of Savage Lane Line lying north of MoPac right -of -way to serve area between MoPac right -of- way and Tule lake Channel owned by District as of date of this Agreement, such track when constructed to be subject to CCTA Agreements (b). MoPac shall have right at its own cost to cross Savage Lane Line with one industrial lead track to serve industrial area lying east of Savage Lane Line and north of Highway State g when, in judg- ment of MoPac, such industrial lead track is required, provided that said lead track crossing of Savage Lane Line shall be protected by derails placed and maintained by MoPac on said lead track and further provided that MOPac will bear entire cost of instal- lation, maintenance, operation, and renewal of any additional protection of said lead track crossing of Savage Lane Line as may thereafter be required by governmental authorities having jurisdiction; (c). District hereby grants without cost to MoPac an easement along west side of right -of -way for Savage Lane Line for an industrial lead track be- tween MoPac right -of -way and south line of Up -River Road and also along west side of right -of -way for Savage Lane Line (to extent available from right -of- way originally acquired for Savage Lane Line) be- -10- tween south line of Up -River Road and Highway State 9, such industrial lead track to be constructed by MoPac at its own cost when, in judgment of MoPac, such track is required; (d). Tex Mex will construct industrial tracks without cost to City, County, or District, to serve area between Highway State 9 and Tex Mex right -of- way when, in judgment of Tex Mex, such industry track services are required. Construction by Tex Mex will be subject to terms made with industries to be served; (e). MoPac, Tex Mex, T&NO, and CCTA will not voluntarily attempt to provide competitive track service to any existing industny.L.in Corpus Christi Metropolitan Area now being served by MoPac, Tex Mex, T&NO, or CCTA; (f). MoPac and T&NO will not voluntarily attempt to provide track service by industry track crossings of Highway State 9 to any part of area ly- ing between Highway State 44 and Highway State 9 and within the five -mile boundary surrounding 1958 4imit of City; and (g). Tex Mex and TWO will not voluntarily attempt to provide track service by industry track crossings of Highway State 9 to any part of area ly- ing between Highway State 9 and Tule Lake Channel and within the five -mile boundary surrounding 1958 Limit of City. -11- (10). Prohibition of industrial lead and industry track construction connecting with Savage Lane Line, as estab- lished by Section (g) of this Article I, may be amended or modi- fied in the future by unanimous written consent of District, MoPac, Tex Mex, and T&N0. (11). MoPac hereby grants to City, County, and Dis- trict, and their assigns, without cost to them, an easement for crossing 80 feet in width for public road purposes across its right -of -way and main track for construction of and use by new Navigation Boulevard (Upper Harbor Bridge Road), such crossing to be located as shown on map referred to in Section (1) of this Article I. City, County, and District, at their sole cost and without cost to MDPac, will provide all grading, drainage struc- tures, paving, and other facilities necessary for such cross- ing and will provide adequate grade crossing protection de- vices in event a grade separation structure is not constructed and such crossing is made at grade. MoPac reserves the right to use its right -of -way for existing tracks, pipe lines, wire lines, and drainage facilities, together with the right to construct additional such facilities across easement granted, provided same do not materially interfere with use thereof by the public. (12). MoPac hereby grants to City, County, and Dis- trict the right to cross MoPac main track at grade with Savage Lane Line near MoPac Mile Post 146 at point shown on map re- ferred to in Section (1) of this Article I. City, County, and District, at their sole cost and without cost to MoPac, will -12- • • provide the crossing and interlocking protection in accordance with plans and specifications therefor approved by MoPac, hereby ralde a part hereof by reference. The interlocking pro- tection will be owned by District. Use of rights hereby granted and maintenance, operation, and providing of additions and betterments to the crossing and interlocking protection shall be subject to provisions of Corpus Christi Joint Track Agreement. ARTICLE II (JOINT YARD) (1). By separate instrument (hereinafter called "Joint Yard Agreement "), effective same date that this Agree- ment becomes effective, Tex Mex and T&NO have agreed to es- tablishment of a joint train yard and freight and engine ter- minal, hereinbefore styled "Joint Yard ", alongside Tex Mex main track between Lexington Boulevard and point near Mile Post 156 at location adjacent to support yard now being built by Tex Mex, as shown on map bearing Drawing Number 59014 -2, dated April$ 1959, revised February 12, 1960, hereby made a part hereof by reference. (2). Prior to conception of joint yard arrangement, Tex Mex planned to build four yard tracks adjacent to its main track, between Lexington Boulevard and Corn Products Road, as a support yard and has completed Tracks 1 and 2 on south side of main track. Tex Mex agrees, to permit proper and satis- factory joint train yard and freight and en sne terminal opera- tions, as provided in Joint Yard Agreement, to continue con- -13- struction to extent that bodies of Tracks 4 and 5, on north side of main track, will be constructed at its sole cost. Construction of leads and turnouts to Tracks 4 and 5 at each end of yard, as well as any changes in trackage already oon- structed, shall be undertaken at no cost to Tex Mex. . (3). City, County, and District (individually or jointly as their interests appear) agree to undertake, or to cause to be undertaken, without cost to T&NO or Tex Mex, the following: (a). Acquisition of all lands, rights -of -way, property rights, easements, and franchises neces- sary for construction of additional yard trackage and other appurtenant train yard and freight and engine terminal facilities necessary to complete establishment of said Joint Yard, it being agreed that any lands or rights -of -way owned by Tex Mex needed for construction of Joint Yard will be made available by Tex Mex without charge therefor; (b). Rearrangement and relocation of communi- cations lines, power lines, sewer lines, pipe lines, and all other facilities of any kind, including en- casement or other protection for pipe lines as made necessary by construction of Joint Yard; (c). Construction of additional train yard and freight and engine terminal trackage and other necessary Joint Yard facilities, including grading, drainage structures and facilities, yard office -14- and Mechanical Department buildings, engine inspec- tion pits, trailer -on- flat -car unloa ding ramp, freight forwarder warehouse building, driveways and roadways, changes in connections to Tex Mex support yard, communications lines, and other appurtenant railroad facilities, in accordance with plans and specifications to be approved by the parties hereto (except MoPac), hereby made a part hereof by refer ence; (d). Construction of temporary crossing of Tex Mex main track at grade by Lexington Boulevard, including provision of automatic grade crossing flasher light protection (flasher lights to be main- tained by owners of Joint Yard), said temporary crossing to serve until such time as Texas Highway Department provides for separation of grades for through traffic lanes of Lexington Boulevard, where- upon said temporary crossing shall be closed, vacated and abandoned; (e). Closing, vacating, and abandoning that part of Corn Products Road lying between north right - of -way line of Highway State 44 and north property line of Joint Yard and other vehicular crossings over Tex Mex night -of -way and Joint Yard between Lexington Boulevard and existing private crossing at approximately Tex Mex Survey Station 327 74 56 (near Mile Post 156); -15- (f). Acquisition of all lands, rights -of -way, property rights, easements, and franchises necessary for construction of a new vehicular roadway (herein- after called "Joint Yard Road ") located approximately 650 feet north of and parallel to Tex Mex main track and extending between Lexington'Boulevard and Corn Products Road and thence westerly from Corn Products Road to a connection with Highway State 44, such connection crossing Tex Mex right -of -way at existing private crossing at approximately Tex Mex Survey Sta- tion 327 /- 56 and joining Highway State 44 at point opposite F.M. Road 763; (g). Construction, rearrangement, and reloca- tion of communications lines, power lines, sewer lines, pipe lines, and all other facilities of any kind, including encasement or other protection Vor pipe lines, as made necessary by construction of Joint Yard Road; and (h). Construction of Joint Yard Road, includ- ing grading, drainage structures and facilities, sur- facing or paving, and other appurtenant vehicular roadway facilities. (4). In event of failure to acquire on terms agree- able to City, County, and District necessary lands, rights -of- way, property rights, and easements, as required by Section (3) (a) of this Article II, it is agreed, upon request and at sole cost of City, County, and District, that Tex Mex and T&NO -16- will exercise or join in the exercise of power of eminent do- main in acquisition of said lands, rights -oi -way, property rights, and easements. (5). It is agreed that ownership of Joint Yard (including land, trackage, and other improvements) shall be as follows: (a). Tex Mex shall retain title to such of its right -of -way required for Joint Yard and to retain ownership of all trackage to be provided by Tex Mex in accordance with Section (2) of this Article II, also to own turnouts to Tracks 1, 2, 4, and 5 at each end of present Tex Mex support yard, subject to pro- vision that such right -of -way and trackage, includ- ing that part of Tex Mex main track extending west- erly from Savage Lane Line connection thereto at Mile Post 158 through limits of Joint Yard, are hereby made available for Joint Yard purposes without pay- ment of any rental or other fee to Tex Mex, except Ai maintenance and cost of operation as provided for in Joint Yard Agreement. (b) T&NO and Tex Mex,each shall own undivided one -half interest in all additional land, right -of- way, property rights, easements, etc., acquired for Joint Yard in accordance with Joint Yard Agreement, provided, on cessation of use for Joint Yard or other railroad purposes, said additional land shall revert to City, County, and District; -17- t (c). T&NO and Tex Mex each shall own undivided one -half interest in all trackage and other appur- tenant railroad facilities (except freight forwarder warehouse building and turnouts to Tracks 1, 2, 4, and 5 in Tex Mex support yard) to be constructed under provisions of Section (3) (c) of this Article II, in accordance with Joint Yard Agreement; (d). T&NO shall own freight forwarder warehouse building to be located in Joint Yard; and (e). Tex Mex shall own turnouts to Tracks 1, 2, 4, and 5 at each end of present Tex Mex support yard. (6). It is agreed that maintenance and additions and betterments of Joint Yard shall be in accordance with provisions of Joint Yard Agreement and without cost to City, County, and District. (7). Tex Mex hereby grants without cost to MoPac right to use in common with Tex Mex and T&NO, on a bridge - rights basis only and limited to movement of interchange traffic with Tex Mex and T&NO, that portion of Tex Mex main track extending westerly from Savage Lane Line connection thereto at Tex Mex Mile Post 158 to east end of Joint Yard without payment of any rental or other fee to Tex Mex for such rights and privileges for so long as MoPac may desire to continue such joint use and operation; it being agreed that no cha*ges for maintenance of said trackage will be assessed against MOPac for such movement of interchange traffic. Use of all rights and privileges -18- hereby granted shall be subject to provisions of Corpus Christi Joint Track Agreement. (8). Tex Mex hereby grants to City, County,and District, and their assigns, without cost to them, an ease- ment for crossing 80 feet in width for public road purposes across its right -of -way and trackage for construction of and use by new Joint Yard Road, such crossing to be located at existing private crossing at approximately Tex Mex Survey Station 327 -/- 56, which private crossing joins Highway State 44 at point opposite F. M. Road 763. City, County, and District, at their sole cost and without cost to Tex Mex, will provide all grading, drainage structures, paving, and other facilities necessary for such crossing and will provide adequate grade crossing protective devices in event a grade crossing separation structure is not constructed and such crossing is made at grade. Tex Mex reserves the right to use its right -of -way for existing tracks, pipe lines, wire lines, and drainage facilities, together with the right to construct additional such facilities across easement granted, provided same do not materially interfere with use thereof by the pub- lic. (9). City, County, and District agree that Tex Mex shall have the right, and such right is hereby granted, to construct from time to time, without cost to City, County, or District, spur track crossings over Joint Yard Road to serve industrial areas north of such road between Lexington Boule- vard and Joint Yard Road crossing of Tex Mex near Mile Post -19- s • 156, locations for such spur track crossings to be not closer than 500 feet apart along such road unless permission is ob- tained from County or City, as the case may be, for crossings closer together. ARTICLE III (UPPER HARBOR BRIDGE AND NORTH SIDE TRACKAGE) (l). City, County, and District (individually or Jointly as their interests appear) agree to undertake, or to cause to be undertaken, without cost to Carriers, the following: (a). Provision of necessary right -of -way for and construction of a track extending from connection with existing District tracks on north side of Ship Channel at District's Survey Station 129 7L16.8 to north end of Upper Harbor Bridge; (b). Construction, maintenance, and operation of Upper Harbor Bridge, and additions and betterments thereto, including roadway paving, walkways, hand - railing, railroad trackage, and signaling and inter- locking necessary for proper bridge and railroad operation, all to be owned by City and maintenance, operation, and additions and betterments to be pro- vided by City, County, and District pursuant to a separate agreement between City, County, and Dis- trd.et; (c). Provision of scale track, track scale and scale house, and necessary yard office fkcilitiez to be owned by District for use by CCTA at suitable lo- -20- cation, all to be in accordance with plans and specifications therefor approved by the parties hereto, hereby made a part hereof by reference; 12). City hereby grants without cost to MOPac, T&N0, Tex Mex, District, and CCTA, and to each of them, equal rights and privileges, on a bridge - rights basis only, of joint use and operations over Upper Harbor Bridge and railroad trackage located thereon without payment of any rental or fee to City for such rights and privileges for so long as MoPac, T&N0, Tex Mex, District, and CCTA, or any of them, may desire to continue such joint use and operation. It is agreed that Upper Harbor Bridge shall be operated in such manner as will reasonably acpommodate rail, motor vehicle and marine traffic, and provide for bridge maintenance and repairs, pursuant to regulations of gpvern- mental authorities (other than City, County, and District) having jurisdiction of bridge operations and maintenance. (3). It is agreed that joint use and operations over Upper Harbor Bridge and railroad trackage located thereon as provided for in Section (2) of this Article III shall be subject to CCTA Agreement and that railroad track- age on Upper Harbor Bridge shall be part of CCTA trackage pursuant to provisions of CCTA Agreement, except with respect -91- to maintenance and operation which shall be borne as pro- vided in Section (1) (b) of this Article III. (4). District agrees to designate, subject to coAcurrence by T&NO, MoPac, and Tex Mex, a running track on north side of Ship Channel extending from north end of Upper Harbor Bridge to connection with T&NO main track in North Beach area near Market (12$h) Street (hereinafter called "Running Track ") for movement of T&NO's trains and cars from its main track to Joint Yard and for use by CCTA in performing service to industries. Upon designation of Running Track, City, County, and District (individually or Jointly as their interests appear) agree to undertake with- out cost to Carriers the rehabilitation of Running Track to make same suitable for contemplated operation in accord- ance with plans and specifications approved by the parties hereto, hereby made a part hereof by reference. (5). District hereby grants without cost to T&NO equal rights and privileges of joint use and operation in common with MoPac, Tex Mex, and CCTA, on a bridge - rights basis only, of Running Track without payment of any rental or other fee (exclusive of cost of maintenance and opera- tion) to District for so long as T&NO may desire to con- tinue such joint use and operation. Use of all rights and privileges hereby granted shall be subject to provisions of CCTA Agreement. -22- (6). District shall have the right to construct (and nothing in this Agreement shall be construed to prohibit the construction of) one or more industry tracks connecting to Running Track. Such trackage, when 4 ilt, shall be owned by District and used under provisions of CCTA Agreement. ARTICLE N. (COMMON INTERCHANGE YARD) (1). To implement other provisions of this Agreement and provisions of the several separate instruments referred to herein, City, County, District, MoPac, Tex Mex, and TWO (indi- vid�ua.11y or jointly as their interests appear) agree to estab- lish a freight car yard (hereinafter called "Common Interchange Yard ") for purposes of interchange between Carriers and between Carriers and CCTA alongelde District's Running Track north of Upper Harbor Bridge, said yard to consist of four tracks paral- lel with and adjacent and connected to said track, all as shown on map bearing Consulting Engineer's Drawing Number 104 -R, dated July 7, 1959, hereby made a part hereof by reference. (2). City, County, and District (individually or Jointly as their interests appear) agree to undertake, or to cause to be undertaken, without cost to MoPac, Tex Mex, or T&NO, the following: (a). Acquisition of all lands, rights =of -way, property rights, easements, and franchises necessary. for construction of Common Interchange Yard, it being agreed that any lands or rights -of -way owned by Dis- -23- tract needed for construction of Common Interchange Yard will be made available by District without change therefor; (b). Rearrangement and relocation of communi- cation lines, power lines, sewer lines, pipe lines, and all other facilities of any kind, including en- casement or other protection for pipe lines, as made necessary by construction of Common Interchange Yard; and (c). Construction of Common Interchange Yard, including all necessary grading, drainage structures and facilities, and other appurtenant railroad facili- ties, in accordance with plans and specifications therefor approved by the parties hereto, hereby made a part hereof by reference. (3). It is agreed that ownership of Common Interchange Yard and all right -of -way therefor shall be vested in District. (4). District hereby grants without cost to MoPac, Tex Mex, T&,NO, and CCTA, and to each of them, equal rights and privileges of joint use and operation of Common Interchange Yard, and such portion of Running Track as is necessary to facilitate operations into and out of said Common Interchange Yard, without payment of any rental or other fee (exclusive of cost of main- tenance and operation) for such rights and privileges for so long as MoPac, Tex Mex, T&N0, and CCTA, or any of them, may desire to continue such joint use and operation. Use of all rights and privileges hereby granted shall be subject to provisions of CCTA Agreement. -24- • • ARTICLE V. (ABANDONMENTS AND RELOCATIONS) (1). City, County, and District (individually or jointly as their interests appear) agree to undertake, or to cause to be undertaken, without cost to Carriers, such adjust- ment or relocation of District's tracks on south side of Ship Channel as necessary to permit efficient operation thereof after removal of Bascule Bridge. (2). Tex Mex agrees to undertake, or to cause to be undertaken, without cost to it, such changes in its support yard alongside Highway State 44 as are necessary to permit construction of Joint Yard. (3). MoPac has agreed to abandonment and removal by City at expense of City, County, and District of its track in Alameda Street from west line of Alameda Street near West Broad- way Street to present terminus near San Diego Street, title to salvage material to be in City. (4). T &NO agrees to undertake, or to cause to be undertaken, without cost to it, upon completion of construction of facilities provided for herein and upon Interstate Commerce Commission approval of the several plans of procedure and agreements covering same, the following: (a). Abandonment and removal of those portions of its main track and industry spur, together with all railroad facilities appurtenant thereto, except communications facilities, lying between north end of Bascule Bridge and south line of Market (12th) -25- Street, from which point alignment of T&NO main track will be adjusted to permit connection to Running Track near T&NO Mile Post 148, as shown on map bearing Drawing Number 58169 -2, dated Decem- ber 22, 1958 (Rev. 4/24/59), hereby made a part hereof by reference; (b). Abandonment and removal of its main track and auxiliary tracks, together with all rail- road facilities appurtenant thereto, lying south of Bascule Bridge, except those tracks and appurtenant facilities, including communications facil= es, which are necessary, in judgment of T&NO, to provide service to T&NO's freight station and to industries and industrial property in T&NO's Hughes Street - Tancahua Street area, as shown on map bearing Draw- ing Number 58169 -3, dated December 22, 1958 (Rev. 4/24/59), hereby made a part hereof by reference; (c). Rearrangement and relocation of lead tracks, industrial tracks, and communications facili- ties in T&NO's Hughes Street - Tancahua Street area (which are to remain in said area) to extent neces- sary, in judgment of T&NO, to provide service to T&NO's freight station and to industries and indus- trial property, rearrangement and relocation of said trackage to be as shown on map referred to in Sec- tion (4) (b) of this Article V; -26- (d). Shifting of approximately 400 feet of its track in Staples Street to a location in Cabra Street to provide a stub track to permit switching of industries on Staples Street between Winnebago Street and Buffalo Street and abandonment in place of all of its remaining trackage in Staples Street lying between Buffalo Street and connection with Tex Mex track at west line of Staples Street near San Diego Street, as shown on map bearing Drawing Number 58169 -4, dated December 22, 1958 (Rev. 4/24/59), hereby made a part hereof by reference; (e). Moving of freight and engine terminal and freight forwarder warehouse operations to facili- ties to be provided therefor in Joint Yard; and (f). Abandonment and removal of remaining por- tions of its former Epworth Wye trackage lying immed- iately north of Corpus Beach Hotel Addition, as shown on map referred to in Section (4) (a) of this Article V. (5). City agrees to perform the process required for granting to T&NO of a franchise covering stub track in Cabra Street to be provided in accordance with Section (4) (d) of this Article V. (6). MoPac agrees, upon request and at sole cost of City, County, and District, to abandon and remove those portions of its tracks connecting with tracks of T&NO in Hughes - Tancahua Street area which will no longer be required for operation upon removal and rearrangement of T&NO tracks as provided in Sec- -27- tions (4) (b) and (4) (c) of this Article V. (7). City, County, and District (individually or Jointly as their interests appear) agree to undertake, or to cause to be undertaken, without cost to Carriers, provision of communications facilities (or alteration of existing T&NO communications facilities, where practicable) to extent neces- sary to provide to T&NO adequate communications facilities be- tween south line of Market (12th) Street and point of joinder with Southwestern Bell Telephone Company's submarine cable terminal near north end of Bascule Bridge and between South- western Bell terminal pole near existing T&NO yard office and T &NO's existing freight station, on the one hand, and said freight station and new yard office to be provided in Joint Yard, on the other hand. It is agreed that said commun- ications facilities to be provided shall be equivalent to existing TWO facilities in kind, quality, and number, in- cluding relocation of communications equipment, and in accord- ance with plans and specifications approved by the parties hereto, hereby made a part hereof by reference. It is further agreed that provision of said communications facilities by City, County, and District shall include acquisition of neces- sary rights -of -way, property rights, easements, pole line rights, attachment rights, cable rights, franchises, or other rights attendant thereto. MoPac and Tex Mex hereby grant to T&NO, without cost to City, County, or District,and without cost to T&NO except for customary rental charges for pole line attachments, such licenses, rights, and privileges necessary -28- to permit placing and maintaining on existing MoPac- or Tex Mex pole lines such wires and cables as are required to provide such communications facilities for T&NO.-Should it be neces- sary to raise or replace or strengthen or otherwise adjust poles, cross -arms, wires, cables, and other such communications facilities at MoPac or Tex Mex to accommodate T&NO communica- tions wires and cables, as provided for in this Section (7), it is agreed that costs incident to such work shall be borne by City, County, and District. In event T&NO communications wires and cables cannot be adequately established on existing MoPac and Tex Mex pole lines, MoPac and Tex Mex hereby agree, subject to the other provisions of this Section (7), to grant licenses in favor of T&NO for construction, maintenance, and renewal of a pole line on rights -of -way of MoPac and Tex Mex, as in opinion of MoPac and Tex Mex said rights -of -way can be made available for such pole line, said licenses to be granted without cost to City, County,or District, and without cost to T&NO except for ground rentals customarily charged for licenses of such kinds. ARTICLE VI. (CCTA AGREEMENT) (1). District, MoPac, Tex Mex, and T&NO agree to supplement, modify, and amend CCTA Agreement to extent neces- sary for CCTA Agreement to be in harmony with procedures and agreements provided for herein and in separate instruments re- ferred to herein so that CCTA operations may be carried out in an efficient and equitable manner. CME 0 • (2). It is agreed that such supplement, modification, and amendment will provide for: (a). CCTA operations to be directed by a neutral Manager selected unanimously by MoPac, Tex Mex, and TWO and approved by District; and (b). CCTA to provide service for account of T&NO to T&NO's freight station and all T&NO industries located on south side of Ship Channel in Hughes Street - Tancahua Street area; (3). T&NO hereby grants without cost to CCTA, and to MoPac and Tex Mex, or either of them, when acting as agent for CCTA, all rights and privileges necessary for use and opera- tion of its tracks which are to remain on south side of Ship Channel in Hughes Street - Tancahua Street area without payment of any rental or other fee to T&NO for such rights and privi- leges; it being agreed that such use and operation shall be sub- ject to provisions of CCTA Agreement and shall be limited to switching of T&NO freight station and industries and movements to District trackage on south side of Ship Channel and that no charges for maintenance of said trackage will be assessed against CCTA, MoPac, and Tex Mex. T&NO agrees to maintain its trackage in condition suitable for operation thereover by CCTA or its agents. (4). MoPac hereby grants to CCTA, and to T&NO, Tex Mex, and MoPac, or either of them, wiien acting as agent for CCTA, right to use in common with MoPac, on a bridge - rights basis only, those portions of MoPac main track and other tracks -30- extending eastwardly from east point of switch of MoPac Connec- tion to connection with CCTA trackage near Port Avenue and to connection with T&NO trackage in Hughes Street - Tancahua Street area, limited to handling of CCTA traffic (including traffic to T&NO's freight station and all T&NO industries located on south side of Ship Channel) to and from CCTA trackage south of Ship Channel and to and from T&NO trackage in Hughes Street - Tancahua Street area, for so long as CCTA, or T&NO, Tex Mex, and MoPac, or either of them, when acting as agent for CCTA, may desire to continue such joint use and operation. Use of all rights and privileges hereby granted shall be subject to provisions of CCTA Agreement. MoPac agrees to maintain its trackage in condition suitable for operation thereover by CCTA or its agents. (5). MoPac hereby grants without cost to Tex Mex and T&NO, and to each of them, right to use in common with MoPac, on a bridge- rights basis only and limited to movement of interchange traffic with MoPac, that portion of MoPac main track extending eastwardly from east point of switch of MoPac Connection to MoPac train yard west of Port Avenue without pay- ment of any rental or other fee to MoPac for such rights and privileges for so long as Tex Mex and T&NO, or either of them, may desire to continue such joint use and operation; it being agreed that no charges for maintenance of said trackage will be assessed against Tex Mex and T&NO for such movement of inter- change traffic. Use of all rights and privileges hereby granted shall be subject to provisions of Corpus Christi Joint Track Agreement. -31- • • ARTICLE VII (GENERAL UNDERTAKINGS) (1)9 City, County, and District (individually or jointly as their interests appear) agree to bear all items of cost involved in the several undertakings herein stipulated to be performed by City, County, District, MoPac, Tex Mex, and T&NO, except cost pertaining to: (a). All undertakings herein, cost of which is specifically designated as the obligation of a particular party or parties hereto, which cost shall be borne by the party or parties so designated; (b). Any additions to or improvements in types of buildings to be provided in Joint Yard as replace- ment of T&NO's train yard and freight and engine terminal buildings (subject to provisions herein- after stated in Sections (8), (9), and (12) of this Article VII) or any structure or facility not re- quired for Joint Yard and not shown on approved plans and specifications for Joint Yard, the cost of which shall be borne by T&&.NO; and (c). Any items of expense incurred by any of the parties hereto which are not a cost (as herein- after defined in Section (3) of Article VIII hereof) of a particular undertaking performed by such party for City, County, and District (individually or jointly as their interests appear) under provisions of this Agreement and for which City, County, and District (individually or jointly as their interests -32- appear) are obligated to bear the costs under pro- visions of this Agreement. (2). All rights -of -way and other lands, property rights, easements, ordinances, franchises, and other instruments and authorizations to be acquired by City, County, and District for Savage lane Line and Connecting Tracks, Joint Yard, T&NO's communicationsfacilities, and Common Interchange Yard in accord- ance with provisions of this•Agreement shall be acquired in names of parties ultimately to become owners thereof, or trans- ferred to such ultimate owners, and such rights -of -way and other property for railroad purposes shall be acquired in fee, ex- cept for minerals and outstanding easements, to extent reason- ably possible. (3). It is agreed that all work undertaken in accord- ance with provisions of this Agreement will be undertaken in the most economical manner possible consistent with necessity of maintaining uninterrupted railroad operations and service. (4). MoPac, Tex Mex, and T&NO (individually or jointly as their interests appear) agree to undertake with their own forces, or by contract, any items of work hereinbe- fore stipulated to be performed or undertaken by City, County, and District when called upon to do so by City, County, and District through their Consulting Engineers and, with or with- out being called upon, when required to do so by circumstances and conditions, upon which immediate notice shall be given to Consulting.Engineers; provided, however, that MoPac, Tex Mex, and T&NO shall each have the right to designate such worklo- -33- cated on right -of -way owned and made available to City, County, and District for such purpose which each of them will perform with their own forces, or by contract, and City, County, and District agree that any such work will not be undertaken by City, County, or District except with written consent of MoPac, Tex Mex, or T&NO. It is further agreed by City, County, and District that cost of any work so performed by MoPac, Tex Mex, and T&NO shall be borne'by City, County, and District, ind- vidually or jointly as their interests appear. MoPac, Tex Mex, and T&NO agree to keep and make available required account- ing records and supporting documents covering such expenditures of kind specified by City as being necessary for City to carry out provisions of contract of January 10, 1955, between City and United States of America, hereinbefore referred to. (5). When MoPac, Tex Mex, or TWO are required to perform any work provided for herein because of being called upon to do so by City, County, and District or being required to do so by circumstances and conditions and such work is under- taken with their own forces, MoPac, Tex Mex, or T&NO agree to obtain Employers' Liability insurance with limits of not less than $30,000/$60,000 and, if available, Public Liability in- surance with limits of not less than $200,000 /$400,000 and Property Damage Liability insurance with limits of not less than $100,000/$200,000 to cover any and all such work. It is agreed, should MoPac, Tex Mex, or T&NO elect to engage con- tractors to do any of such work, contractors so engaged will be required; -34- (a). To carry, for and in behalf of Contractor, (i) Workmen's Compensation insurance, (ii) standard Manufacturer's and Contractor's Liability insurance with limits of 200,000/$400,000, and (iii) regular Contractor's Property Damage Liability insurance with limits of $100,000/$200,000; (b), To carry, for and in behalf of Contractor with respect to any work carried on by subcontract, (i) regular Contractor's Protective Public Liability insurance with limits of $200,000/$400,000 and (ii) regular Contractor's Protective Property Damage Liability insurance with limits of $100,000/$200,000; and (c). To enter into an indemnification agreement with MoPac, Tex Mex, or T&NO, of substance as set forth in Section 4 of draft of agreement marked Exhi- bit "Cu, attached hereto and made a part hereof, and to provide Contractual Liability insurance covering liability so assumed, such insurance to be in such form and with such companies as MoPac, Tex Mex, or TWO shall approve and with limits of not less than $200,000/ $400,000 for bodily injury and $100,000/$200,000 for property damage. (6). It is agreed that all such insurance as specified hereinabove, whether provided by MoPac, Tex Mex, or T&NO, or by their contractors or sub - contractors, shall be written or endorsed where type of insurance is applicable so that coverage of such policy shall run to City, County, and District in a form satis- factory to City. -35- • • (7). City, County, and District agree that any Contractor, before working on rights -of -way or property of MoPac, Tex Nex, or T&NO in performance of things to be done by City, County, and District as hereinbefore provided, unless otherwise agreed to in writing by MoPac, Tex Mex, or T&NO, shall be required to enter into written agreements with MoPac, Tex Mex, or TWO conforming with draft of agreement marked Exhibit "C ". Provision for entering into such agreement shall be included in any contract awarded by City, County, or District. (8). City, County, District, and T&NO agree that replacement or relocation of buildings and other improvements (except trackage) owned by T&NO, which are to be re- established in Joint Yard, shall be undertaken to satisfaction of T&NO, subject to provision that any remodeling, repair, or other work beyond that necessary to establish replaced or relocated buildings and other improvements in new locations in a condi- tion and state of repair equal to that existing as of date of this Agreement will not be undertaken except at expense of T&NO. (9). Drawing Number 58169 -3, hereinbefore referred to, designates those buildings and improvements of TWO which can be relocated in Joint Yard and those which cannot be so relocated. Of those buildings and improvements which cannot be relocated, certain buildings will be retained and used by T&NO and others will be sold, all of same being appropriately designated on Drawing Number 58169 -3. It is agreed, as to those buildings and improvements to be retained and used by -36- T&NO, that credit will be allowed by T&NO to City, County, and District in amount equal to appraised value of such buildings and improvements appraised as existing buildings or improve- ments in place. It is further agreed, as to those buildings and improvements not retained and used by T&NO, that same shall be sold to highest bidder and removed from T&NO property with credit to be allowed to City, County, and District in amount of such sale. (10). It is agreed that wherever practicable rails and other track materials recovered from trackage to be aban- doned and suitable for reuse will be reused in construction of trackage provided for herein. When called upon to do so by City, County, and District, Carriers will furnish rails and other track materials to extent available to City, County, and District, or their Contractors, at prices customarily charged by Carriers for similar rails and other track mater- ials furnished to public bodies. Furnishing of such rails and other track materials will be in accordance with the following: (a). Rails and other track materials required for trackage to be owned by MoPac will be furnished by MoPac; (b). Rails and other track materials required for trackage to be owned by Tex Mex will be furnished by Tex Mex; (c). Rails and other track materials required for construction of trackage in Common Interchange Yard to be owned by District will be furnished by T&NO; -37- (d). Rails and other track materials required for construction of tracks in that part of Joint Yard to be owned jointly by Tex Mex and T&NO will be fur- nished by TWO; and (e). Rails and other track materials required for those parts of Savage Lane Line and Connecting Tracks to be owned by District will be furnished by T&NO. (11). It is agreed that rails and other track mater- ials furnished by Carriers in accordance with Section (10) of this Article VII will be of weights, size, type, and quality as provided for in plans and specifications to extent avail- able, subject to provision that TWO reserves the right to fur- nish rails and other track materials, regardless of stipula- tions in plans and specifications, ofieights, size, type, and quality (to the extent available) equal to weights, size, type, and quality (but no less so) of rails and track materials now existing in like TWO trackage, In event Carriers do not have rails and other track materials of such weight, size, type, and quality as provided for in plans and specifications available for any part of construction herein provided for and such materials are not available to City, County, and District from other sources, then Carriers at request of City, County, and District will furnish rails and other track materials of such weights, size, type, and quality as nearly equal as possible (but no less so) to such weights, size, type, and quality of rails and other track materials as provided for in plans and -38- 0 1. . I . '0 specifications. It is contemplated that specifications for all track work provided for by this Agreement shall include use of secondhand rail, angle bars, tie plates, and rail anchors, secondhand or new spikes, new bolts, new nutlocks and small fittings, and secondhand, reclaimed, or new frogs, switches, and miscellaneous turnout materials (secondhand and reclaimed shall be considered synonymous), weights of rail and other track material to be used in various portions or units of work to be accomplished to be in general accordance with criteria established in Exhibit "A ", attached hereto and made a part hereof. (12). City, County, District, MOPac, Tex Mex, and T&NO (individually or jointly as their interests appear) agree that relocations, rearrangements, replacements, and alterations to be accomplished under this Agreement in accordance with approved plans and specifications will result in provision of railroad facilities at least equal in service and utility to those now in existence and that any improvement in design, con- struction, or capacity over and above what is required to pro- vide railroad facilities of equal service and utility shall con- stitute a betterment, expense of which shall be borne by the party benefiting from such betterment; provided, however, that the term "betterment" shall not be deemed to include more costly construction, design, or layout necessitated solely as a result of relocations, rearrangements, replacements, and alterations to be provided under this Agreement or use of more expensive material due to inability to obtain or furnish mater- -39- • C] ials of kind specified in approved plans and specifications. It is understood and agreed that facilities to be provided in accordance with approved plans and specifications under this Agreement do not constitute a betterment except as expressly provided in the instrument of approval signed by the parties approving. (13). Carriers agree to allow salvage credit to City, County, and District for all items of rails and other track materials that are removed, or sold, or abandoned in place (after replacement therefor has been provided elsewhere, if replacement is contemplated under this Agreement) in accord- ance with the following: (a). Rails and other track materials recovered that are suitable for reuse elsewhere will be credited at same prices that are charged for rails and other track materials furnished for construction provided for hereinabove; (b). Rails and other track materials recovered that are not suitable for reuse elsewhere will be credited at current market prices for scraps (c). Classification of recovered materials as between reusable materials and scrap materials shall be as determined by MoPac, Tex Mex, T&,NO, and Dis- trict; and (d). Rails and other track materials abandoned in place shall become the property of City, County, and District. WO (14). Upon removal of TWO trackage and other facili- ties as provided for in Section (4) (a) of Article V hereof, T&NO agrees to convey to District by appropriate instrument, without warranty of title (expressed or implied) and without payment of any consideration therefor, all of its rights, title, and in- terest in and to all of its rights-of-way and other lands from which trackage is removed not otherwise committed to public use, subject to easements heretofore granted for high level bridge and for channel dredging and subject to right of TWO to own, maintain, alter, and operate communications lines extending from south line of Market (12) Street to point of joinder with Southwestern Bell Telephone Company's submarine cable terminal located near north end of Bascule Bridge. (15). Upon removal of T&NO trackage and other facili- ties as provided for in Section (4) (f) of Article V hereof, T&NO agrees to lease to City on mutually satisfactory terms, for public park and playground purposes, that part of its pro- perty in North Beach area, formerly known as Epworth Wye pro- perty (being approximately 2.95 acres outlined in green on drawing hereinafter mentioned) lying immediately north of Corpus Beach Hotel Addition, said property being as shown on Drawing Number 58169 -2, hereinhefore referred to. (16). District, MoPac, Tex Mex, and T&NO agree that cost or value of rights -pf -way, lands, trackage, and other facilities, of any kind or character, cost for provision of which is borne by City, County, and District in accordance with terms and conditions hereinbefore stipulated, shall not be -41- included in any valuation base used for purpose of calculating rental payments or fees for rights and privileges of joint use and operation by MoPac, Tex Mex, MNO, and CCTA, or any of them, of any of such facilities. (17). Nothing in this Agreement shall be construed as being a contract for benefit of any person, organization, association, firm, or corporation (public or private) not a party to this Agreement. Nothing in this Agreement shall re- lieve any such third party of any obligation which such party is obligated to perform, save that rights of tenants and in- vitees of MOPac and Tex Mex using or occupying property or right -of -way of MoPac and Tex Mex shall be recognized in any acquisitions, by condemnations or otherwise, and neither MoPac nor Tex Mex shall be required to exercise any rights MoPac and Tex Mex might hold which would require such tenants or in- vitees to move or to release any of their rights without com- pensation, except that Tex Mex will exercise any rights it holds to require closing of private vehicular crossings across Joint Yard. (18). Certain maps, drawings, exhibits, plans, and specifications are made a part of this Agreement by reference and are subject to approval by the parties hereto. It is agreed that such said maps, drawings, exhibits, plans, and specifications shall bear the signature of Chief Engineers of Carriers, District Engineer of District, Director of Public Works of City, and County Engineer. In event plans and speci- fications are bound and indexed, same shall be considered to -42- • be approved for purposes of this Section (18) if title or cover sheet of such bound and indexed plans and specifications bears signatures of Chief Engineers, District Engineer, Director of Public works, and County Engineer. (19). It is agreed, where not otherwise herein specifically provided for, that maintenance and operation of facilities covered by this Agreement, and making of additions and betterments thereto, shall be in accordance with terms and provisions of Corpus Christi Joint Track Agreement, Joint Yard Agreement, and CCTA Agreement as amended as provided for therein. (20). In this Agreement, City, County, and District agree to provide various facilities for railroad use. The facilities to be provided are sometimes referred to as facili- ties which may be "necessary" or "adequate" or "efficient" or with other language and sometimes without any description. Without regard to the descriptive terminology used, it is in- tended that all such facilities for railroad use shall be in accordance with plans and specifications approved by the parties to this Agreement and, when such facilities have been provided, the obligation of City, County, and District to provide such facility hereunder shall have been fulfilled. (21). All liability for damage to or destruction of property, or for personal injury, including death, result- ing from use by Carriers,or any of them, of the railroad track- age and other railroad facilities provided by this Agreement, after completion and acceptance of such trackage and other facilities in accordance with Article IX hereof, shall be -43- C fixed to, and apportioned between, Carriers on basis provided in Corpus Christi Joint Track Agreement, Joint Yard Agree- ment, and CCTA Agreement as amended, as the case may be. ARTICLE VIII (FINANCIAL PROVISIONS) (1). For purposes of this Agreement, total net cost of all things which City, County, and District have hereinbe- fore agreed to do or to have done at cost of City, County, and District is estimated to amount to $2,357,691.30; detailed statement of such cost being as shown in Exhibit "D ", attached hereto and made a part hereof. (2). As a condition precedent to performance of the things hgreinbe£ore set forth, City, County, and District (in- dividually or jointly as their interests appear), by apposite action of City Council, Commissioners, Court, or Board of Navigation and Canal Commissioners, as the case may be, agree to appropriate and set aside the sum of $2,357,691.30 out of available unappropriated funds and to earmark same for pur- poses as hereinbefore set forth in this Agreement, including cost to Carriers for performance of any work or incident to any condemnation proceedings instituted in accordance with pro- visions of this Agreement; it being agreed that validity or in- validity of agreement to pay such costs of work to be performed by Carriers which might be in excess of estimated cost thereof shall not affect the permanent appropriation of such specific sum of $2,357,691°30, as herein provided for. Said sum includes moneys already appropriated. -44- . • • (3). It is agreed that the cost, or costs, to MoPac, Tex Mex, and T&NO, or any of them, for work performed by MoPac, Tex; Mex, and T&NO under provisions of Section (4) of Article VII hereof, or as otherwise provided herein, to be reimbursed or borne by City, County, and District, or any of them, shall in- clude all actual costs or expenses incurred or suffered by MoPac, Tex Mex, or T&NO for performing such work and herein defined as "cost" or "costs ". Said "cost" or "costs" shall include, but shall not be limited to, the following: (a). Payments to contractors; (b). Cost of labor, including wages of fore- men, plus ten per cent to cover accounting, super- vision, and use of small tools; (c). Usual percentages of cost of labor charged by MDPac, Tex Mex, and T&NO to cover vacation allow- ances, employee health and welfare benefits, and holiday pay; (d). Railroad Retirement Tax, Railroad Un- employment Insurance Tax, Federal Insurance Contri- bution Tax, and any other similar taxes on pay rolls; (e). Reasonable traveling expenses and living expenses at the work where allowable under current railroad practice; (f). Cost, including foreign line freight, of materials and supplies (used or furnished) other than secondhand materials, or at price carried in Stock Accounts of MoPac, Tex Mex, or T&NO plus, in either -45- case, fifteen per cent on all materials and supplies to cover cost of procurement, handling, accounting, and transportation; (g). Secondhand rails and secondhand or re- claimed other metal track materials, f.o.b. site of the work, at prices customarily charged to public bodies by MoPac, Tex Mex, and T&NO for similar rails and other track materials; (h). All other secondhand materials, f.o.b. site of the work, at price equal to fifty per cent of cost new of similar materials; (i). All excise taxes paid on materials; (j). Cost of furnishing work train serviee; (k). Rental for use of equipment, including transportation thereof, computed at customary rail- road rates and charges; (1). Payments for insurance premiums; (m). Engineering expense, when work is not under supervision of Consulting Engineer; and (n). Costs incurred in exerciso of power of eminent domain in acquisition of lands, rights -of -way, property rights, and easements, including any neces- ary investigation and /or legal expense (including, but not by way of limitation, attorneys' fees, wit- ness fees, court costs, and court bond premiums). (4). Wherever in this Agreement, City, County, and District (individually or jointly as their interests appear) -46- L are obligated to pay MoPac, Tex Mex, and TWO for work performed by any of them under provisions of Section (4) of Article VII hereof, or as otherwise provided herein, City, County, and District agree that City shall disburse the funds provided for payment thereof. Bills for all such work performed by MoPac, Tex Mex, or T&NO shall be rendered against the City of Corpus Christi and forwarded to City in care of City's Con- sulting Engineers at Corpus Christi, Texas. (5). Bills may be rendered monthly by MoPac, Tex Mex, or TWO covering work performed during such month and City shall pay to MoPac, Tex Mex, or TWO an amount equal to ninety per cent of amount of such bills within thirty days after re- ceipt thereof. Balance of such bills will be paid at time of payment of final bill for work performed and materials furnished in accordance with this Agreement and approved plans and speci- fications covering the particular item of work covered thereby. Such final bills shall be rendered upon completion of.work. (6). Minor errors or corrections shall not be con- sidered just cause for withholding payment of monthly bills and such errors and corrections shall be accounted for in sub- sequent bills or in final bill rendered. (7). Consulting Engineers, for purpose of this Agree- ment, shall be such engineers as may be designated by City, County, and District for the particular work. Names and addresses of Consulting Engineers will be given to Carriers at any time upon request. -47- • ARTICLE IX (AUTHORITIES, INSPECTION, AND ACCEPTANCE) (1). This Agreement shall inure to the benefit of and be binding upon the parties hereto, and their successors forever. until: (2). This Agreement shall not become effective (a). It has been approved by Interstate Com- merce Commission; (b). Joint Yard Agreement, amendment of CCTA Agreement, and Corpus Christi Joint Track Agreement have been approved by Interstate Commerce Commission; and W. Grade Separation Agreement has been exe- cuted. (3). Following execution of this Agreement, Joint Yard Agreement, amendment of CCTA Agreement, Corpus Christi Joint Track Agreement, and Grade Separation Agreement, all parties hereto agree to cooperate to greatest extent possible in prompt preparation, filing, and processing of an application to Interstate Commerce Commission for approval of said agree- ments and authority to carry out the program and procedures outlined therein. (4). MoPac, Tex Mex, and T&.NO shall have the right to inspect work to be performed herein at any time during pro- gress of said work. Upon completion of all construction of new tracks and facilities and adjustment and relocations of -48- existing tracks and facilities, including all elements of work incident thereto as provided for herein, City, County, and District, acting through Consulting Engineers, shall notify MoPac, Tex Mex, or T&NO, in writing, that such tracks and facilities have been completed and are ready for acceptance. MoPac, Tex Mex, and T&NO shall have the right to operate their trains over such tracks for a test period of fifteen consecu- tive days after date of receipt of notice before acceptance. Any defects disclosed during such fifteen day test period shall be reported by MoPac, Tex Mex, or T&NO to said Consult- ing Engineers, in writing, and same shall be promptly cor- rected by City, County, and District at their sole cost, either by use of contractor or by calling on MoPac, Tex Mex, or T&NO under provisions of section (4) of Article VII hereof. MoPac, Tex Mex, and T&NO shall not he required to accept tracks and facilities until such defects have been corrected. Failure of MoPac, Tex Mex, or T &NO to take exception or report defects before end of the fifteen day test period shall indi- cate acceptance of the work by MoPac, flex Mex, or T&MO. When mutually agreed to in writing between City, County, and Dis- trict, acting through Consulting Engineers, and MoPac, flex Mex, and TWO, as their interests appear, specifically desig- nated sections of the overall project may be offered for accep- tance separately from remainder of the project, in which event procedure set forth above shall apply with respect to such specifically designated sections. -49- (5). From and after completion and acceptance of and payment or reimbursement for all relocations, rearrange- ments, replacements, and alterations of trackage and railroad facilities or other facilities as provided by this Agreement, it shall be considered that City and County have fully per- formed their respective obligations hereunder and, thereafter, any amendments to this Agreement shall not require the joinder of City and County. The parties agree that the effective date thereof shall be acknowledged in writing. (6). All Article headings in this Agreement are Inserted for convenience only and shall not affect any con- struction or interpretation of this Agreement. -50- IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in sextuplicate originals, on this the day of , 1960. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary City Manager ATTEST: COUNTY OF NUECES, TEXAS By: County Cle-rk Coun y u ge ATTEST: NUECES COUNTY NAVIGATION DISTRICT NUMBER ONE By: Secretary Chairman ATTEST: MISSOURI PACIFIC RAILROAD COMPANY Secretary Vice President ATTEST: THE.TEXAS MEXICAN RAIiWAY C014PM By: Secretary President ATTEST: TEXAS AND NEW ORLEANS RAILROAD COMPANY By: Secretary Executive Vice PreBidfh t -51- Savage Lane Line: Connection: EXHIBIT "A" 904 X- ing) New See 8 " -1'k" On M.P. R/W (See Note A) New (CRITERIA FOR TRACK MATERIALS) Max. 43 SH or SH or SH or SP Std 8 " -1 " Remainder 904 -1104 New Reel. Recl. New 43 New Max. Ballast New or New New New New Max. Turnout New or New New Under Description of Wt. of Swit- Acces- Cross Switch Ties Unit Rail Frogs ches sories Ties Ties Cr.Stone Interchange Yard: SH or SH or SH or SH or New SP Std 8 " -lj" Ladders 904 New New New 42 -43 New Max. Max. SH or New ' Body Min. 704 42 -43 Screening Savage Lane Line: Connection: 904 X- ing) New See 8 " -1'k" On M.P. R/W (See Note A) New 43 Note A Max. 43 SH or SH or SH or SP Std 8 " -1 " Remainder 904 -1104 New Reel. Recl. New 43 New Max. MoPac Connection: Connection: New or New MP Std New On M.P. R/W 904 New Recl. New 43 New Max. 43 SH or Recl.SH SH or SH or MP Std 8--i l" Remainder 904 -1104 New or New New New New Max. Interchange Connection: New or New MP Std On M.P. R/W 904 New Recl. New 43 New Max. SH or Recl.SH SH or SH or MP Std Remainder 904 New or New New New 43 New Max. Joint Yard- SH or SH or SH or SH or SP Std Ladders 904-1104 New New New New 43 New 'Max. SH or 6 Body 704 -904 New 42 -43 Screening Note A: Crossing timbers (new) to be MP Standard as required to fit crossing of MoPac by Savage Lane Line. Rail used in constructing crossing to be 1154. APPROVED: APPROVED: Chief Engineer, MoPac District Engineer Chief Engineer, T&NO Director of Public Works Chief Engineer, Tex Mex County Engineer EXHIBIT C Draft of Agreement THIS AGREEMENT, made by and between (Name of hereinafter called "Rail - Ra roa Company Road ", for its own benefit, and (Name of Contractor) domiciled at (Address--of-Contractor) hereinafter called "Contractor "; WITNESSETH: RECITALS: City of Corpus Christi, hereinafter termed "City "; County of Nueces, hereinafter termed "County "; and Nueces County Navigation District Number One, hereinafter termed "Dis- trict", in the preserving to Texas and New Orleans Railroad Com- pany means of continuing to provide rail service to its Corpus Christi industries and to Port of Corpus Christi, will undeirtake to cause certain items of relocation, rearrangement, construc- tion, reconstruction, and removal of facilities of Railroad in the furtherance of such project, all such work being more fully described in agreement between Railroad, City, County, and Dis- trict bearing date of -dAy Of , lg Contractor has entered into an agreement, dated the day of , lg , with covering the perfor- ame of Public Agency mance of certain items of construction work briefly described as follows: (Description of work to be inserted) In performing said work, it is necessary for Con- tractor, Contractor's agents, employees, or sub - contractors to work upon the right -of -way and property of Railroad. NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: (1). Railroad, in consideration of the faithful perfor- mance by Contractor of all the covenants and agreements herein v� contained, hereby permits Contractor to enter upon the right -of -way and property of Railroad at Corpus Christi, Nueces County, Texas, to perform said work as above provided in the location herein - before mentioned and in the manner hereinafter set forth. (2), Contractor agrees that the license hereby given Contractor to enter upon premises of Railroad for purpose of per- forming any of said work covered by said agreement between and Contractor shall (Name of Public Agency not give, nor be deemed or construed to give, Contractor the right to do or perform any work whatsoever at any time upon or in connection with work covered by said agreement between and Contractor that will ame o u c Agency render unsafe the use by Railroad of its real estate, tracks, build- ings, or other appurtenances now or hereafter existing or weaken or injure same for the operation of Railroad's trains, cars, or engines, or for Railroad's other purposes. -2- (3).. Should Railroad deem it necessary to engage any inspectors, watchmen, or flagmen, or to install falsework to protect tracks, engines, trains, or cars during the performance of work provided for in said agreement between ame o and Contractor (other than such c Agency work or services as specifically provided for in said agreement between Railroad, City, County, and District to be performed by Railroad), Contractor upon request will fully reimburse Railroad promptly for all costs and expenses which may be incurred by Railroad incident to or in connection with work to be performed by Contractor. Contractor, at Contractor's own cost and expense, shall maintain a competent flagman, or flagmen, at all times while private crobsings over tracks used by Railroad are being used by Contractor, Contractors agents, employees, or sub- contractors. (4). Contractor shall indemnify and save Railroad harm- less from and against any and all claims, demands, cost, loss, damage, injury, and liability, howsoever same may be caused, resulting directly or indirectly from performance of any or all of the work to be done upon premises and over or around tracks of Railroad under said agreement between (Name of and Contractor, whether made P c Agency or suffered by Railroad, its officers, agents, servants, or employees, or by Contractor, Contractor's agents, servants, em- ployees, or sub - contractors, or their heirs, assigns, or legal -3- representatives, or any other person, whomsoever without limi- tation. (5). Contractor, in advance of performing any work upon or adjacent to premises of Railroad under said agreement between and Contractor, (Name o Public envy shall furnish evidence to Railroad, with respect to Contractor's operations and operations of Contractor's sub - contractors upon premises of Railroad, that Contractor has provided the follow- ing insurance protection: (a). For and in behalf of Contractor, (i) Work- men's Compensation insurance, (ii) standard Manufac- turer's and Contractor's Liability insurance with limits of 200,000/$400,000, and (III) regular Con- tractor's Property Damage Liability insurance with limits of $100,000/$200,000; (b). For and in behalf of Contractor, with re- spect to any work carried on by subcontract, (1) regu- lar Contractor's Protective Public Liability insur- ance with limits of $200,000/$400,000 and (ii) regular Contractor's Protective Property Damage Liability in- surance with limits of $100,000 /$200,000; and (c). For and in behalf of MoPac, Tex Mex, or TWO, with respect to any operations Contractor or any of his sub - contractors perform, (i) standard Rail- road Protective Liability insurance with limits of $200,000 /$400,000 and (11) standard Railroad Protec- -4- tive property Damage Liability insurance with limits of $100,000 /$200,000. (6). Insurance coverage provided for in Section (5) hereof shall be secured from good and reliable Insurance Companies duly authorized to do business in the .State of Texas and be sub- ject to approval of Railroad. It &a further understood and agreed that such policies shall carry a rider covering the liability of Contractor to Railroad under Section(4)hereof. Evidence fur- nished by Contractor that such insurance is in effect shall be in the form of certified copies of insurance policies taken out by Contractor. (7). Contractor further agrees, upon completion of work to be done upon premises and over or around tracks of Rail- road covered by said agreement between ame of and Contractor, that Contractor will c ency promptly remove from said premises all of Contractor's tools, implements, and other materials and leave said premises clean and presentable. (8). Except as herein otherwise provided, this Agree- ment shall inure to the benefit of and be binding upon the heirs, administrators, executors, successors, and assigns of the par- ties hereto. (9). This Agreement shall not be assigned, sublet, or transferred in whole or in part by Contractor, except with the previous written consent of Railroad; provided, however, that work to be performed may be performed under sub - contracts -5- - 0 . . . 1 • or by sub - contractors without the consent of District. IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate this, the day of 19 (NAME OF RAILROAD COMPANY) By: (Title of officer execu g (NAME OF CONTRACTOR) $y: (Title of officer execu g Im • EXHIBIT' D ESTIMATED COSTS AND AVAILABLE RESOURCES BASCULE BRIDGE REMOVAL AND RAILROAD RELOCATION PROJECT YEBRUARY,n, 1960 PORTION OF WORK Upper Harbor Bridge Dredged Fill: North Approach - Barge Bridge to Lift Bridge Railroad Track: North Approach - Barge Bridge to Lift Bridge Grading: South Approach, Savage Lane Line, Joint Yard, Interchange Yard, Joint Yard Road Paving: North and South Approaches, Inter- change Access Road, Joint Yard Road, Warehouse Area Pipeline Adjustments Railroad Construction: Savage I "e Line, Interchange Yard, Joint Yard and Connections- Right-of-way: North and South Approaches, Interchange Yard, Savage Lane Line, Joint Yard, Joint Yard Road Bascule Bridge Removal Engineering: Harrington & Cortelyou TOTAL COST OF PROJECT LESS: Estimate of Participation by U.S. under Truman -Hobbs Contract with City TOTAL COST TO CITY, COUNTY AND NAVIGATION DISTRICT -0- Funds available from outstanding Bond Issues Heretofore Voted for Bascule Bridge Removal and Railroad Relocation Project City of Corpus Christi, Texas $700,000.00 County of Nueces 435,000.00 Nueces County Navigation District No. 1 $ 25,000:00 ESTIMATED COST $ 2,993,991.62 272,369.92 69,727.20 460,956.63 134,506.99 176,240.48 764,557.97 951,340.49 328,000.00 306,000.00 $ 6,457,691.30 4,100,000.00 $ 2,357,691.30 CORPUS CHRISTI, TEXAS DAY OF d TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, 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, MAYO THE CfTY CO 'US CHRI T , TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING Z/ JAMES L. BARNARD ✓ JcL MRS. RAY AIRHEART ✓' n JOSEPH B. DUNN PATRICK J. DUNNE / R. A. HUMBLE GABE LOZANO, SR. ✓ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO4NG VOTE: ELLROY KING / �4 JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN ✓ ' PATRICK J. DUNNE o' R. A. HUMBLE 5f u GABE LOZANO, SR./ } r