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Home My WebLink About06126 ORD - 04/26/1961• AH:4 -21 -61 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MEXICAN RAILWAY COMPANY AND THE CITY OF CORPUS CHRISTI FOR THE IN- STALLATION AND MAINTENANCE OF A TRAFFIC SIGNAL AT THE INTERSECTION OF AGNES STREET (HIGHWAY 44) AND THE TEXAS MEXICAN RAILWAY WITH McBRIDE LANE, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF;,AND DE- CLARING AN EMERGENC'. 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MEXICAN RAILWAY COMPANY AND THE CITY OF CORPUS CHRISTI FOR THE INSTALLATION AND MAINTENANCE OF A TRAFFIC SIGNAL AT THE INTERSECTION OF AGNES STREET (HIGHWAY 44) AND THE TEXAS MEXICAN RAILWAY WITH MCBRIDE LANE, ALL AS MORE FULLY SET OUT IN THE AGREEMENTS A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT IN ORDER TO DEFINE THE RESPONSIBILITIES OF THE PARTIES INVOLVED CONCERNING THE INSTALLATION AND MAINTENANCE OF THE TRAFFIC SIGNAL AT THE INTERSECTION SET OUT IN SECTION 1 HEREINABOVE 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 INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PAS. AGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS DG DAY OF ATT 1961. CITY S CR APPROVED AS TO LEGAL ORM THIS n°?/ DiY OF .ii 1961: Air rlL_ • ITY ATTORNEY GMAYO' THE CITY OF CORPUS C ISTI, TEXAS 61126 V S. K. MASON, CHIEF ENGINEER C. H. DARNELL, JR. ASST. CHIEF ENGINEER /F THE TEXAS MEXICAN RAILWAY COMPANY Mr. W. D. Filcher Assistant City Attorney City of Corpus Christi Corpus ''hristi, Texas Dear Sir: LAREDO. TEXAS June 2, 1961 U49B This refers to your letter of May 16 and all previous corres- pondence regarding the making of an agreement between the City of Corpus Christi and the railroad, concerning the operation, maint- enance aid liability for the traffic lights at McBride Lane, High- way iii and the Texas Mexican Railway Company. Since we have been unable to agree on an indemnity clause for an applicable contract, we are willing to drop the whole matter and let the installation stand without any formal agreement between our- selves and the City. Yours very truly, 12gd� 59 (;• . ti JUN 1961 N ti CITY OF CZ CORPUS CHRISTI .,; 12, LEGAL DJ, I. c� 4t 2'��z�i026�ov ay.16, 1961 Pic, 8. K. Nhdowt (1M.tef F.ttgirenr- The Texno iicxienn Railway Ccepany Laredo, Te $A Coac Mr. Mesow vrner letter o4' May 3. 196l, regarding the agreement between your C+rmnrc sari the City, conee -ning the tr...iaffic e±gra?l light at the inter:sectien of McPri.re lone, PAttrway Wend the Terms Mestc an Railway bola been referred to this office. The matte-- ubieh eencerats the C tt' a iegnl; retleetgen is considerably hw±a er than the verd "r1 meet" o /./1.7 ether mimic nord rinder ehe m- Emerald sgrea sent, the ei,ty *creep to Inetall, furnish and m+Jntaib the traffic light' and eerta +_n Est this railway crossing. if there is an negligesaee on the pert of the City in the nit i tr,affte ligbt situation, the Cathy has no ;Baba ?ity heeanse ve IVA protected by the do,trtne of gorre:crraeltel honesty. Therefore. il the athlete. traffic ligbse fall to ti tiara properly and this results in a train -ear eollisien. 'e feel that the occupants of the ear cannot Eastover agr_inat the City dtractly. Put,, if the claimants proceeded against the Tescas Mexican Pa lwar, then the Railway might he able to irplead the City as.' third party defendant using the enbiact agreement as a basin for this action. The City fears that our defense of governmental immunity would not fie avail,. able if the action filed against the City was in the nature of a breach of contract. if you will notice, the additional language is not a general, blanket hold harmless clause. it only applies if the claim, dfaiand or cause of action is brought against the rail .7 or against the City and railway jointly. in other word*. this additional language only can into effect if the railway is in- volved in this claim. 1, / /./46 )(ay 16, 1961 !qr. 11.1t. mason Chief Ftcgireei= Ito TommttleAtican Railways Company tared*, Ueda Dear Mr. Wason, Tout letter of $ y 3, 1961, rogasding the egreeaeet betWeen your Comm./7 and the City; +oe -niug t:he traffic signal Tight at the inte-aeleitn of W'Ar±de lane. MWw'y [14,eed the Texas hemican Railway Ms been referred to thin of fice. ' The natter vilimh eenceras the fury's legal t?epartnentt le considerably broader than the nerd tret,.est" or any ether attSle votd. Wier the proposed sgreamente, the City agrees to Install, furnitth.end Maintain the treffl,c lights and ccrtsin wiring at this reiloe crossing. If Chars is any tine igenee on the part of the City in. the usual trend light situation, the City tree ao liability because we are preterted tv9''t he doetrint, of'f{o4ernment1l imeartitg. . Therefore, i" the s +u jeer; traffic lights fell to function properly and this results Ina traln4car collision, to feel that the edetapants Of the car cannot recover against the City directly. A+et, if the claimants- pr aided against the Terri tientle n Railway, then the Railway might be able to impiead the City as a third party defendant using the subjeeeet agreement as a basis for thin notion. :The City fears thee our defense of governmental immunity would not be swat/ft able if the action filed against the City was in the nature of a breach of contract. If you will notice, the additional language is not a general, blanket hold harmless claues. It only applies if the claim, demand menus* of sellouts brought against the raielway Or against the City and railway jointly. In other *lords, this additional language only coons into effect. if tint railway is in- volved in this Claim. Hr. 8, K. Meson 1■ l61. `Pass 2 • 2h® -titq 31 Ieoat onliona to'cooperatm irlth •ysur Coipaay • to thin' pr0jece; •on the other .haadF tee do n t vieb to,voluctariiq ... hive up •an a unit, -£tam liability• In a iituation. severe •ire .have etch ie®vaicy `rt the' prasOt -time. .9l:a City• does - not Eakt •-the pasition .tbet, the edditi onal language you - object to io the`;oslp potopte •aolution to -i.his di1, r, -YE qou -Qr Yotar atto04sy8 eaa • think of •aoy other iaigvag* or' wathod:;sahieh wilt preserv®: Clty`a ,rights ax d -which is agreeable :•to the• Texas $exicae astisrsy CaMOOPYI,we will be.more 'then happy, -to consider say euggcebons I earnestly hope that this•letter ciariEiee end detiaes -the probe+ lee ° Avolved iasteod OE confusing the issue.'•' • gineereiy 3rovrs� W. D. Pileher, itseistant city Attorney . IMP rbb • S. K. MASON. CHIEF ENGINEER C. H. DARNELL, JR. ABET. CHIEF ENGINEER THE TEXAS MEXICAN RAILWAY COMPANY LAREDO. TEXAS May 3, 1961 Mr. Paul W. Rice Director Traffic Engineering City of Corpus Christi Corpus Christi, Texas Dear Mr. Rice: Our General Counsel, Mr. E. H. Borchers, does not approve the note added by Mr. Singer to Section 1 of the proposed agree- ment between the railroad and the City, covering joint installation and maintenance of the traffic signal light at the intersection of McBride Lane and Highway 44 and the Texas Mexican Railway. If the word "protect" in Section 1 is the trouble maker, we are agreeable to eliminating the words "to protect" and add "at" in their place, leaving the balance of the agreement as originally written. If this is agreeable to Mr. Singer, please advise and we will re -write the agreement. I am returning one copy of the agreement as submitted for your use while clearing up this matter. Enc. 1 Yours very truly, STATE OF TEXAS COUNTS' OF NUECES I THIS AGREEMENT made this day o; , 1961, by and between the City of 'Corpus Christi, a Municipal ,Corporation domiciled in Nueces County, Texas, hereinafter called CITY, and The Texas Mexican Railway Company, a. Texas Corporation domiciled in Webb County, T,exae, hereinafter called RAILROAD, WITNESSETH: WHEREAS, McBride Lane intersects the main line tracks of the Railroad inside the corporate limits of the City of Corpus Christ„ Texas;' and WHEREAS, both the Railroad and the City desire to protect said crossing with flashing light signals; and WHEREAS, the City, proposes to furnish, install and maintain the Instrument Case and all traffic lights and wiring in connection therewith; and WHEREAS, the Railroad proposes to install the necessary track circuit to which such traffic lights may be connected: AGREEMENT. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreement of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed an follows;I.' 1. That the City, at its entire expense, will furnish, install and maintain, or cause to be furnished, installed and maintained, the Instrument Case and all traffic lights and wiring for the installation, operation and maintenance of traffic lights to protect the McBride Lane Railroad Crossing in the City of Corpus Christi, Texas; PROVIDED, HOWEVER THE RAILROAD WILL IN- DEMNIFY AND FOREVER. HOLD HARMLESS THE CITY AGAINST EACH AND EVERY CLAIM, DEMAND OR CAUSE OF ACTION THAT MAY BE MADE OR COME AGAINST THE RAILROADS OR CITY AND RAILROAD JOINTLY, ARISING OUT OF THE LOCATION, INSTALLATION OR MAINTENANCE OF SAID TRAFFIC LIGHTS, INSTRUMENT CASE OR WIRING. • $ -2- 2. That the Railroad will furnish and install, or cause to be furnished and installed, at its entire expense, the necessary track circuit to which said traffic lights a the City may be connected. 3. That the Railroad will , ommence the worii v be perhn-nied by it hereunder and shall proceed diligently to completion as soon as materials can be procured after being notified by the City w proceed. 4. That the City will notify the Railroad promptly as soon as it is r,.tdy to commence the work required by it under Section 1 hereof. As soon ,,s the City commences its work, s+ id City shall proceed diligently to completion. EXECUTED in duplicate on the day and year above written. ATTEST'.' THE CITY OF CORPUS CHRISTI BY THE TEXAS MEXICAN RAILWAY COMPANY BY • • CORPUS CHRISTI, TEXAS ZDAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 19 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 RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY ,COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES Le BARNARD JOSE Re DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: • BEN Fe MCDONALD TOM R. SWANTNER 7 DR. JAMES L. BARNARD. JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG V ISTI,TEXAS