HomeMy WebLinkAbout05755 ORD - 05/11/1960IMS:JKH:5 -9 -60 �_A •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
NON IVER, FOR AND ON BEHALF OF THE CITY, A JOINT
AGREEMENT MADE FOR AND ON BEHALF OF THE CITY OF�C t�PUS
CHRISTI, COUNTY Or NUECES D NUECES C N I ON
015THICT N. W PACIFIC
COMPPM. A D XAS
D NS RAILROAD COMPA GENERALLY FE ED TO
NCO S C ISTI RAILROAD RELOCATION
PROJECT" AS A PART OF THE BASCULE BRIDGE RELOCATION
PROJECT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, IN LIEU OF THE PRIMARY AGREEMENT ATTACHED TO
AND MADE A PART OF D N0. PASSED AND APPROVED
BY THE CITY COUNCIL 0 L ; 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. 1, FOR THE RELOCATION OF RAIL -
ROADS YARDS AND OTHER FACILITIES USED IN PROVIDING RAIL SERVICE TO
CORPUS CHRISTI AND ITS INDUSTRIES AND PORTS 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 AGREEMENTS AND
WHEREAS, BY ORDINANCE N0. 5731 AN AGREEMENT TO ACCOMPLISH SAID
RESULTS WAS AUTHORIZED BY THE CITY COUNCIL FOR EXECUTION WHICH HAS REQUIRED
CERTAIN PUNCTUATIONp GRAMMATICAL AND CLERICAL ERROR CORRECTIONS AND IT IS
NECESSARY TO AUTHORIZE THE EXECUTION OF SAID CORRECTED DRAFT OF SAID
PRIMARY AGREEMENT IN LIEU OF THE DRAFT OF SAID AGREEMENT AUTHORIZED BY
ORDINANCE N0. 5731:
NOd, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORMS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE 15 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.
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 MAYOR, HAVING DECLARED SUCH EMERGENCY
AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE 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 PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED,
THIS THE�DAY OF f 1960.
ATTE�
MA "O
CITY SECRETAR THE CITY OF C S CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
DAY OF , tg6o:
34-4L.",
CITY ATT0144tY.
• May 1960 +�—;e. •
� u
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
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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 would 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, MoPae, 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 Snip Channel;
WHEREAS, to also permit partial accomplishment 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, NoPae, Tex Mex,
and T&NO (hereinafter called "Carriers" when referred to colleo-
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
QcE
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 LINE)
(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 Xppac Mile Post 146, 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 Engineers
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-
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of -way owned by Morac and Teads14ex needed for 'con-
struction of Savage Iane Line and Connectinj 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 -
easement or other protection of pipe lines, ,as made
necessary by construction of Savage IAne Line and
Connecting Tracks;
(c), Construction of Save lane Line and
Connecting _`ir9wks, including all necessary grading,
dValml$e structures and facilities, interlocking And
power- opevated switches, communicatiom lines, and
other appurtenant railroad facilities, in acegardance
With plans and speeifications therefor approved by
the parties hereto, hereby made a part hereof by
refieremeg
(d). Provision of all EftdlAg, drainage strue-
tures and facilities, paving, grade crossing protec-
tion devices, and other facilities necessary for cross -
ings.of Sam IBne Line and Connecting Tracks at
,grade by vehicular streets, roadways, and highvaays,
except Higher State g which is to be grade separated
by Texas Mahway Department under provisions of a
separate agreement (hereinafter called "Grade S#qsm-
tion tO); and
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(e). Construction of grade separation struc-
tures at Savage Lane Line crossing of Up -River Road
and at crossing of Savage Lane Line and existing
MoPac main track 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 heretofore
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 forfUnds 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-
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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 -way; and
(c). District shall own remaining parts of
Savage lane Line and MoPac Connection and Interchange
Connection, including right -of -way and all property
rights except such MoPac normal right -of -way and Tex
Mex normal right -of -way as is occupied by Savage lane Line.
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(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 MoPac 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&,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 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&,NO, 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
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cost and without cost to MoPac, such drainage facilities, to-
gether -with connecting ditches, beneath MoPac -main track as
are made neeessary 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 Trask Agreement.
(8). Tex Mex hereby grants without cost to District,
MoPac, TWO, and CCTA, 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 Max
without payment of any rental or other fee (exclusive of cost
of maintenance and operation) to Tex Max for such rights and
privileges for so long as District, MoPac, TWO, 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 shall ever be connected to Savage Lane Line
for purpose of serving any industries or industrial areas
lying between south side of Tale Lie Channel and Tex Mex
main track, subject to provisions that:
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(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 Agreement;
(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 9 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-
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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 industry 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 limit
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 hake Channel and
within the five -mile boundary surrounding 1958 Limit
of City.
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(10). Prohibition of industrial lead and industry
track construction connecting with Savage Lane Line, as estab-
lished by Section (9) of this Article I, may be amended or modi-
fied in the future by unanimous written consent of District,
MoPac, Tex Mex, and T&,NO.
(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 MoPac, 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
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provide the crossing and interlocking protection in accordance
with plans and specifications therefor approved by HoPac,
hereby made a part hereof by reference. The interlocking pro-
tection will be owned by District. Use of rights hereby
granted and- meintenan-ce, 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 11
(JOINT YARD)
(1), By separate instrument (hereinafter called
"Joint Yard Agreement "), effective same date that this Agree -
ment becomes effective, Tex Hex and TWO have agreed to es-
tablishment of a joint train yard and freight and engine ter-
minal, hereinbefore styled "Joint Yard ", alongside Tex Hex
'main traesk between Lexington Boulevard and point near Mile
Post 156 at 3ocation adjacent to support yard now being built
by Tex Max, as shown on map bearing Drawing Number 59014 -2,
dated April 9, 19590 revised February 12, 1960, hereby made a
part hereof by reference,
(2). Prior to conception of joint yard arrangements
Tex Hex plamaed to build four yard tracks adjacent to its main
track, between Lexington Boulevard and Corn Products Roads as
a support hard and has completed Tracks 1 and 2 on south side
of main track, Tex Hex agrees, to permit proper and satis-
factory Joint train yard and freight and engine terminal opera-
tions, as provided in Joint Yard Agreement, to continue con-
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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 con-
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 -f- reight 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-
nasement 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
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and Mechanical Department buildings, engine inspec-
tion pits, trailer -on- flat -car unloading ramp,
freight forwarder warehouse building, driveways and
roadways, changes in connections to Tex Rex support
Yard, communications lines, and other appurtenant
railroad facilities, in accordance -with plans and
specifications 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 right- of-way and Joint Yard between
Lexington Boulevard and existing private crossing at
approximately Tex Mex Survey Station 327 f- 56 (near
Mile Post 156);
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(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 f- 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 for
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
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•
•
will exercise or join in the exercise of power of eminent do-
main in acquisition of said lands, rights -of -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
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;
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(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 changes for maintenance of
said trackage will be assessed against MOPac for such movement
of interchange traffic. Use of all rights and privileges
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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 f 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-
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)
(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, 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, hend-
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-
trdct;
(c). Provision of scale track, track scale and
scale house, and necessary yard office facilities 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;
42). City hereby grants without cost to MoPac,
TWO, 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, TWO, Tex Nex, 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
-2I-
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
co]icurrence 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
TWO 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 TWO 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 biilt, shall be owned by
District and used under provisions of CCTA Agreement.
ARTICLE IV.
(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 T&NO (indi-
vidually 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 alongside 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-
trict needed for construction of Common Interchange
Yard will be made available by District without
charge therefor;
(,). 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 &N0, 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.
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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 hhown
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 TWO, 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.
1911
(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 T&NO 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 of MoPac or Tex Mex to accommodate TWO 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 AGREMONm)
(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.
-29-
(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 T&NO 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, when 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.
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ARTICLE VII
(GENERAL UNDERTAKINGS)
(1). 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 MNO, 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 MN0; 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)
or 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 Iane 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-
M19r.
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 TWO 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;
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(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 "C ", 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 Mex, 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 T&NO 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 TWO,
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 TWO.
(9). Drawing Number 58169 -3, hereinbefore referred
to, designates those buildings and improvements of T&NO 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
TWO 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;
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(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 T&NO; and
(e). Rails and other track materials required
for those parts of Savage Iane Line and Connecting
Tracks to be owned by District will be furnished by
TWO.
(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 T&NO 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 materiels now
existing in like T&NO 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-
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
TWO (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
thbae 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-
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 scrap;
(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 Mjstrict.
-4o-
(14). Upon removal of TWO trackage and other facili-
ties as provided for in Section (4) (a) of Article V hereof, TWO
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 T&NO to own,
maintain, alter, and operate communications lines extending
from south line of Market (12th) 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, hereinbefore referred to.
(16). District, MoPac, Tex Mex, and T&NO agree that
cost or value of rights -of -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, T&N0, 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 (A) 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-
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.
(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 hereinbefore 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 stun includes
moneys already appropriated.
-44-
(3). It is agreed that the cost, or costs, to MOPac,
Tex Mex, and T&W, 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 MdPac,
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;
W. Usual percentages of cost of labor charged
by MoPac, Tex Mex, and TWO 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]iving
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&MO 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;
(1). All excise taxes paid on materials;
(j). Cost of furnishing work train service;
(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 exercis§ 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-
are obligated to pay MoPac, Tex Mex, and TWO for work performed
by any of them under provisions of Section (4) of Article vTT
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 T&NO 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.
(2). This Agreement shall not become effective until:
(a). It has been approved by Interstate Commerce
Commission;
(b). Joint Yard Agreement, amendment of CCTA
Agreement, and Corpus Christi Joint Track Agreement
have been approved by Interstate Commerce Commission; and
(c). Grade Separation Agreement has been executed.
(3). Upon execution of this Agreement, all parties
hereto agree to cooperate to greatest extent possible in prompt
preparation, filing, and processing of an application to Inter-
state Commerce Commission for approval of said Agreement and
the authorization by the Commission of the carrying out of the
program and procedures outlined in said Agreement. Application
to the Commission shall include brief statements of highlights
of proposed Joint Yard Agreement, Amendment of CCTA Agreement,
and Corpus Christi Joint Track Agreement, copies of proposed
drafts of which agreements are to be attached to said applica-
tion as Exhibits and conformed copies of which agreements, upon
execution by the parties, to be submitted to the Commission for
approval.
(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 TWO 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 be required to accept
tracks and facilities until such defects have been corrected.
Failure of MoPac, Tex Max, 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, Tex Mex, or T&NO. When
mutually agreed to in writing between City, County, and Dis-
trict, acting through Consulting Engineers, and MoPac, Tex
Mex, and T&NO, 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.
15-10
-51-
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 ger
ATTEST:
COUNTY OF NUECES, TEXAS
County Clerk
County ge
ATTEST:
NUECES COUNTY NAVIGATION DISTRICT
NUMER .ONE
By:
ecre ary
Chairman
ATTEST:
MISSOURI PACIFIC RAILROAD COMPANY
By=
Secretary
Vice President
ATTEST:
THE.'TEXAS CAN RAILWAY COMPANY
By>
Secretary
President
ATTEST:
TEXAS AND NEW ORLEANS RAILROAD
COMPANY
By
Secre ary
Executive Vice Preeldfh
-51-
•
EXHIBIT "A"
(CRITERIA FOR TRACK MATERIALS)
•
Ballast
Turnout Under
Description of Wt. of Swit- Accesm Cross Switch Ties
Unit Rail Frogs ches sories Ties Ties Cr Stone
Interchange Yard:
MoPac Connections
SH or
SH or
SE or
SH or New
SP Std
8 "_1�"
Ladders
New
90#
Mew
New
New
#2m #3
New
Max.
SH or
Max.
90#
SH or
MP -Std
8"_ 1
SH or New
90#6110#
6
Body
Min.
70#
New "-
Max.
Interchange
#2 - #3
Screening
Savage Lane
Line-
New or
New
MP Std
90#
(X-ing)
90#
New
New
See
8 "_lV'
On M.P. R/W
(See
Note A)
New
SH or
Recl.SH
#3
Note A
Max.
811-It-
Remainder
90#
New
SR or
SR or
SH or
SP Std
8"T_-f "-
Remainder
90 #_110#
New
Reel.
Reel.
New #3
New
Max.
MoPac Connections
APPROVED:
Chief Engineer, M®Pac
Chief Engineer, T&NO
APPROVED:
District Engineer
Director of Public Works
Chief Engineer, Tex Max County Engineer
New or
New
MP Std
On M. P. R/W
90#
New
Reel.
New
#3
New
Max.
SH or
Rec1.SA
SH or
SH or
MP -Std
8"_ 1
Remainder
90#6110#
New
or New
New-
` 1rer.
New "-
Max.
Interchange
Connection:
New or
New
MP Std
8" -1"
On M.P. R/W
90#
New
Recl.
New
#3
New
Max.
SH or
Recl.SH
SR or
SH or
MP Std
811-It-
Remainder
90#
New
or New
New
New #3
New
Max.
.Point Yard:
SH or
SR or
SH or
SH or
SP Std
8" =1'k"
Ladders
90 #_110#
New
New
New
New #3
New
Max.
SR or
r,
Body
70 #m90#
New #2 ® #3
Screening
Note A: Croasing
timbers
(new) to
be TIP Standard
as required
to fit crossing
of
MoPac by Savage Lane Line. Rail
used
in constructing crossing to
be
115 #.
APPROVED:
Chief Engineer, M®Pac
Chief Engineer, T&NO
APPROVED:
District Engineer
Director of Public Works
Chief Engineer, Tex Max County Engineer
F=IT C
Draft of Agreement
THIS AGRKMENT, made by and between
(Name of
hereinafter called "Rail -
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 undef take
to cause certain items of relocation, rearrangement, construc-
tion, reconstruction, and removal of facilities of Railroad in
the furtherance of such proj ct, all such work being more fully
described in agreement betwe n Railroad, City, County, and Dis-
trict bearing date of day of ,
19
Contractor has entered into an agreement, dated the
day of , 19 , with
(Name of Public Agency covering the perfor-
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:
Railroad, in consideration of the faithful perfor-
mance by Contractor of all the covenants and agreements herein
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 Pu c Agenc
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
(Name of 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 oars during the performance
of work provided for in said agreement between
(game of
and Contractor (other than such
u 1 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 crossings over tracks used by Railroad are being
used by Contractor, Contractor's 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 Mame of
and Contractor, whether made
Public 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)d Contractor, in advance of performing any work
upon or adjacent to premises of Railroad under said agreement
between and Contractor,
(Name of u c Agency3
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, (i) regu-
lap 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
T&.NO, 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 (ii) standard Railroad Protec-
-4—
tive property Damage Liability insurance with
limits of $100,000/$2 00,000.
(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 it 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
(Name -of
and Contractor, that Contractor will
u c ency
promptly remove from said premises all of Contractor's tools,
implements, and other materials and leave said premises cle4
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 -
1 ties hereto.
(9). This Agreement shall not be assigned, sublet,
or transferred in whole or in part by Contractor, except with
the revious written consent of Railroad; S provided, however,
that work to be performed may be performed under sub - contracts
-5-
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
1g
(NAME OF RAILROAD COMPANY)
By:
(Title of officer exec_ g
(NAME OF CONTRACTOR)
BY:
(Title of officer executing)
I.
EXHIBIT D
ESTIMATED COSTS AND AVAILABLE RESOURCES
BASCULE BRIDGE REMOVAL AND
RAILROAD RELOCATION PROJECT
FEBRUARY ,?9, 1960
PORTION OF WORK
ESTIMATED COST
Upper Harbor Bridge
$ 2,993,991.62
Dredged Fill: North Approach - Barge
Bridge to Lift Bridge
272,369.92
Railroad Track: North Approach -
Barge Bridge to Lift Bridge
69,727.20
Grading: South Approach, Savage Lane Line,
Joint Yard, Interchange Yard, Joint Yard
Road
460,956.63
Paving: North and South Approaches, Inter-
change Access Road, Joint Yard Road,
Warehouse Area
134,506.99
Pipeline Adjustments
176,240.48
Railroad Construction: Savage I"e Line,
Interchange Yard, Joint Yard and Connections-
764,557.97
Right -of -way: North and South Approaches,
Interchange Yard, Savage Lane Line, Joint
Yard, Joint Yard Road
951,340.49
Bascule Bridge Removal
328,000.00
Engineering: Harrington & Cortelyou
306,000.00
TOTAL COST OF PROJECT
$ 6,457,691.30
LESS: Estimate of Participation by U.S.
under Truman -Hobbs Contract with City
4,100,000.00
TOTAL COST TO CITY, COUNTY AND NAVIGATION DISTRICT
$ 2,357,691.30
-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. 1 725,000.00
$ , 0
CORPUS CHRISTI, TEXAS
/ DAY OF , 19-4c
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;
1, 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 CITY 0 CO PUS CHR 6TI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE°.
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR. -
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ING VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN Lk
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.
6�r 11 11