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HomeMy WebLinkAbout12075 ORD - 05/22/1974JRR:e:5 /21/74 • 1st AN ORDINANCE AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, 1958, AS AMENDED, BY ADDING TO CHAPTER 1 THEREOF (GENERAL PROVISIONS) A NEW SECTION 1 -14A, "CITY MANAGER STANDARD CONTRACT AUTHORITY "; DELEGATING TO THE CITY MANAGER, WITH GUIDELINES, AUTHORITY TO EXECUTE ON BEHALF OF THE CITY STANDARD FORM AGREEMENTS, EXEMPLIFIED BY EXHIBITS, FOR JOINT USE RIGHT -OF -WAY AND EASEMENTS WITH THE UNITED STATES OF AMERICA, TEXAS HIGHWAY DEPARTMENT, AND TEXAS - MEXICAN RAILWAY COMPANY ON LANDS SITUATED IN NUECES COUNTY, TEXAS; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, it is the finding of the City Council that the City of Corpus Christi, the United States of America, the Texas Highway Department, and the Texas - Mexican Railway Company all own or have jurisdiction over lands within Nueces County which are generally subject to continued public works activity and thereby generate the necessity for conveyances of right - of -way and easements and joint use agreements between the said agencies in order to accomplish such activity; and WHEREAS, in recent years, the great frequency of these transactions and the near - identity of terms in the conveyances have produced standard forms of such conveyances repeatedly used and mutually accepted; and WHEREAS, these conditions have caused an unnecessary burden on and lengthening of the weekly City Council agenda with these preponderantly ministerial, routine matters, to the inordinate consumption of Council and staff time and often delay of important City projects: NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Texas, 1958, as amended, be hereby amended by adding to Chapter 1 thereof, General Provisions, a new section 1 -14A, "City Manager Standard Contract Authority" to read as follows: "Sec. 1 -14A. CITY MANAGER STANDARD CONTRACT AUTHORITY. (a) There is hereby delegated to the City Manager under the guidelines specified herein, authority to execute on behalf of the City of Corpus Christi standard form agreements, exemplified by exhibits "A ", "B", "B1112 "C" and "C'.'. annexed hereto and by this reference incorporated herein as though set forth in haec verba, for right -of -way, easements, and joint use of right -of -way and 12075 easements with the United States of America, Texas Highway Department, or Texas - Mexican Railway Company, jointly or severally. on lands situated in Nueces County, Texas. (b) The City Manager shall file with the City Secretary a certificate attached to an original of each such executed agreement hereafter made (1) finding, on recommendation of the Director of Engineering and Physical Development or the Director of Public Utilities, that such agreement is necessary to carry out a public works project particularly authorized by the City Council or to extend, maintain, or improve a City utility facility, street, way, park, or other City ground or building under an approved departmental annual budget; (2) citing Council authorization of the project to which the agree- ment pertains; (3) certifying that all blanks are filled in on any such form correctly and consistent with such authorization; and (4) certifying that no addition to or deletion, if any. of standard language in such agreement form will materially reduce the adequacy or performance of such authorized project. (c) Every such agreement shall be approved by the City Attorney as pro- vided by Charter and by the Director of Finance. (d) The exhibits referred to in subsection (a) hereof are identified as follows: (1) Exhibit "A" - "Consent Agreement of the United States of America ". (2) Exhibits "B" and "B" - Texas Highway Department Right -of -way Division Form D- 15 -24A and D -5RR 11- 19 -73, respectively. (3) Exhibits "C" and "C"' - "Consent Agreement of the Texas - Mexican Railway Company" and T.M. 81 Rev., respectively." SECTION 2. If for any reason any section, paragraph. subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. -2- C7 SECTION 3. The necessity to authorize the City Manager to execute certain standard form agreements as hereinabove set out, in regard to the conveyance of right -of -way and easements and joint use agreements between the City and certain agencies, so as to relieve an unnecessary burden on the weekly City Council agenda, creates a public emergency and 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 but 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, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage. IT IS ACCORDINGLY SO ORDAINED. this the 21t i ay of 1974. ATTEST: City Secretary - APPROVED: 22ND Y OF MAY,,"74i r � �t ttor ey MAYOR p6o -Tam CITY OF CORPUS CHI I, TEXAS l COdISENT AGREE2ENT of the UNITED STATES OF AMERICA THIS AGREFIE T, made and entered into by and between the UNITED STATES OF AMERICA, represented by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, hereinafter called the "Government" and the City of Carpus Christi, whose address is P. 0. Box 9277, Corpus Christi, Texas.7$408, hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and repairing a hereinafter referred to as the "Facility" in, through, under, over and across a portion of -land described as follows: A strip of land feet in length and feet in width, the centerline of which intersects Station Number _ of the existing railroad as shown on Exhibit "A attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas Mexican Railway Company for the construction of the "Facility" and approval of the plans and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement required from the owner and any and all parties having or claiming-to have an interest herein. 3. This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its.duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Furthgr, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government ", nor as in any way granting any part of the rights and interests owned by the "Government ". EXHIBIT "A" I i 5. The "User" shall retain title to the "Facility" covered by this instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User ". Upon the termination of the use, the "User" shall remove the hereinabove described facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Gvoernment ". In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government ", the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User ". 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User", and shall be subject to such reasonable rules and regulations; *as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, who is hereby designated as the local representative of the "Government" in charge of administering this agreement 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation repair, removal or restoration of the hereinabove described "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- nify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as result of death, injury, loss destruction or damage. But this agreement shall not be construed as giving any causes of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. 8. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly repaired by the "User" to the satisfaction of the "Government" or in lieu of 2 EXHIBIT "A" i. such repair or replacement, at the election of the "Government" shall the "Government" an amount sufficient to compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9. This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances crate an interference with the use and enjoyment of rights or interests of the Government in the land by "Government ", its grantees or assigns, 10. No member of or delegate to the Congress, or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall . be construed, to extend to any incorporated company, if the consent agreement i be for the general benefit of such corporation or company. 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or under- standing for a commission, percentage, brokerage, or contingent fee, excepting bona fide established commercial agencies, maintained by the "User" -I for the purpose of securing business. For breach or violation of this warranty, the °Government "shall have the right to annul this agreement without liability, or in. its discretion, to require payment to the "Government" i by the "User" the full amount of such commission, percentage, brokerAge,-or contingent fee. i IN WITNESS WHEaEOF, the Navy Department on behalf of the United Mates of America has caused this consent agreement to be executed this day of , 19_ 1 UNITEED STATES OF AMERICA By 3 EXHIBIT "A" �TI!IS CG ;157NT ACR= f;'E?P :T is also executed by the "User" in acknowledgment • an- acceptance of the terms and conditions set forth therein, this day of - - - --- 19_ ;ITY OF CORPUS CHRISTI By AT F-ST: City Secretary APPROV M AS TO LEGAL FOEUf THIS DAY OF , 19 Ci7,:y Attorney I CERTIFICATE OF AUTHORITY OF PERSON EXECUTING AGREE - E NENT ON BEHALF OF "USER" i certify that I am the City Manager of the City of Corpus Christi, Texas, a - municipal corporation, incorporated under the Home Rule Statutes of the State of Texas, and that I. who signed.the above ! and foregoing consent agreement on behalf of the City of Corpus Christi was i then the City Manager, of said Municipal Corporation; that said consent agree- ' i r.,ent was duly signed for and on behalf of said City of Corpus Christi by .. authority of its governing body and is within the scope of its corporate i powers. I . I Certified this day of I By Sworn to and subscribed to before me this day of , 19- j � I Notary Public in and for Nueces County, Texas EXHIBIT "A" Texas Highway Department Right of Way Division Form D- 15 -24A Page 1 UTILITY JOINT USE AGREEMENT (non- controlled access highway) THE STATE OF TEXAS X COUNTY Nueces X PROJECT COUNTY OF X ACCT. NO. HIGHWAY Ma TS: From To WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Highway Department, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the , hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on the plans attached to Utility Agreement as executed by Owner on the day of 19 , or on location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner.by reason of ownership of an easement or fee title or other- wise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to he altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas Highway Department prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the Texas Highway Department, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the Texas Highway Department shall have the right, after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party herto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except EXHIBIT "B" Texas Highway Department Right of Way Division Form D- 15 -24A Page 2 as expressly provided herein, (1) The Owner's rights of access to the through- traffic roadways and /or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) The Owner and the State, by the execution of this agree- ment, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS Texas Highway Department: OWNER: City of Corpus Christi By District Engineer Title Right of [day Engineer Date APPRWtO C VT) A -r7o�2 U e EXHIBIT "B" Date • STATE OF TE MS COTERN, 7,Z OF X t:neces County Co t:rol Project. metropolitan Hignway In Corpus Christi THIS AGREE?,M: T, made this day of 19 _, by and bebaeen the State of Texas, hereinafter called the "state," Party of the First Part, and a corporation, hereinafter, whether one or more, called the "railroad company" or "company," Party of the Second Part, acting by and through its and the City of Corpus Christi in Nueces County, Texas, hereinafter called the "City," Party of the Third Part, acting by and through its duly authorized contracting officers under a resolu- tion wonted the day of 19 l I T N_ S S E T H the ralroad com=as at a crosses the line of County, Texas, and the state and the City propose to install automatic grade crossing protection devices o= the type and at the crossing as shrn,m on print marked "Exhibit A," attached hereto and made a part hereof_ A G R E= M E N T DTOT•7 TIEREeOP�E, in consideration of the premises and of the mutual covenants and agreements of the par=_es hereto to be by them respective kept and performed, as hereinafter set forth, it is agreed as follows: 1. The railroad company hereby grants to the State and City per- mission to install the autommatic grade crossing protection devices and to use the crossing at the intersec�:ion of the railroad and street or road as shown on E::hibit "A_" Protection Device EXHIBIT "B'" 1 D -5RR 11 -19 -73 2_ It is agreed that all existing agreements between the rail- road company and the City concerning licenses, permits, leases or easements at this location shall remain in full force and effect_ 3. The permission, granted hereby, shall not in any tray prevent the railroad company from operating its trains across the land over which permission has been granted. It is expressly agreed that no legal right of -the railroad company to maintain, use, locate, align, realign and relocate the railroad track now located across the premises, and to construct and thereafter maintain_, use ar_d, relocate any additions track or tracks, or other facilities, as. it may desire, across said street or road at said intersection, shall be in anywise affected by the granting of this permission, subject, however, to the provisions of paragraph 8 hereof. In the event of any.such changes the railroad company shall restore the street or road to a proper condition for the use of the traveling public to the satisfaction of the Bridge Engineer- of the Texas HigIT4ay Department and the City. 4. the railrcad company and the State agree jointly to prepare plans and estimates cased upon specifications approved by the railroad company and the Bridge Engineer of the Texas Highway Department for the pror,sed automatic trade crossing protection devices and,.after having been approved in writing by the railroad company, the Bridge Engineer of ths Texas Highway Department, and the City, said plans, specifics -" ticns and estimates are hereby adopted as plans, specifications and estimates covering the installation of said protection devices and when so approves shall be attached hereto marked Exhibit "B`' and made a part hereof. No changes in these plans, specifications and estimates are to be made without written approval of.such changes by.the - railroad company, the Bridge Engineer of the Texas Highway Department, and the city. 5. The railroad company, unless otherwise provided, shall make such changes or alterations in the tracks, "communication and signal, pole and wire lines, pipe sewer and drainage or other facilities or buildings located upon the railroad company's righ t -of- :•ray,• which may be displaced or required by the construction of the project, as may be n m ecessary to maintain continuous service and conform-them to said cor.5truction and restore them to former condition for service either prior to, during or following construction of said.work, all of which, as far as }:no,rn to the railroad company, shall be shoe on the said plans_ The railroad company shall prepare plans and estimates subject to approval by tha State, for the adjustment of such facilities. such plans and estimates shall be attached hereto and Made a part of Exhibit "B_" Anv ?:norm work to be done, not shorn on the plans and in the es, 4s'ares trill not be paid for_ Protection Device EXHIBIT "B'" D -5RR 11 -1S -73 6_ Materials recruired for the installation of the automatic cra o crossing protection devices are to be furnished by the rail - ro?u company_ Said materials are to be of the '.--ind and quality as described or shown on the plans, sp= cifications and estir„ates_' The railroad companv will furnish to the state a detailed estiMate of all items needed in connection with the proposed installation_ 7. The railroad company shall install materials to be furnished by it and shall do other work as recaired to put such aLtomatic grade crossing protection devices into operation in accordance with Exhibit 8. The railroad company shall maintain and operate the automatic grade crossing protection devices as installed. and in accordance with the design of operation as shown on Exhibit "B." No changes are to be nade in the design or operation of said protection devices without the ,ri.tten approval of the Bridge Engineer of the Texas Highway Depart ment and the city. Tn future maintenance painting, the railroad compan agreess to retain t =_e painting color co-tbinatior_s as accepted at the installat�c =, unless otherw-se agreed upon is writing by the rar =e_.: co<<pan_ _:.' the City_ _ If the •_ressing o= the street or road and railroad as shown on E:.._ its "a" arm "B" is ever abandoned, the automatic grade crossing prof =__=ion devices installed under this contract shall not be removed by the railroad company to any point other'.-than -that which utight be approved by the City. 10. In the event the crossing referred to herein is for a -new location, the state and City agree not to open said-'crossing to public travel prior to completion of the contract work for the adjacent streei at which time if the railroad corrpa :y's forces have not completed the installation of the protection devices covered by this contract, it.. will be the railroad company's responsibility to install such warning signs as are ret:Psired by law until the protection devices are placed in service; ho-,-;ever, the State and City will not open the crossing to public travel until they have_ gi- en the railroad company a minimu*a o£ ten days notice to place such temporary warning signs_ In the e,rent the crossing referred to herein is for an existing location: th ^_ state and City agree not to re -ogre any existing warning signs prior to installation of the protection devices provided 'herein_ 11_ The state•agrees to £urnis- such construction stakes and /or e'le,rations as are rerniired for the _roper coast*_uction of the project_ D -5PA Protection Device 3 11 -19 -73 EXHIBIT "B" Any field engineering performed by the railroad company to check or verify the accuracy of any work performed shall be without e:�pense to the state. 12. The railroad company shall commence the work to be done by it herein within bao weeks after receipt of written notice from the State that the work may proceed and shall proceed diligently to the conclusion of its obligations herein. Reimbursement will not be made for �•Tork undertaken by the railroad company which is performed at the site of the project prior to the issuance of such work order by the State. This does not apply to the assembly at the railroad stores or loading points of materials which might be used on. the project_ Such assembly may be undertaken sufficiently in advance to assure prompt delivery but reimbursement for any materials or handling charges will be con: - urgent upon the issuance of a work order by the State to the railroad company- 13 - Reimbursement to the railroad company will be made for work performed and materials furnished, including but not limited to, insurance premiums and coverage at the rate and amount set forth in the r.-:,o=oved cost estimate at' tached, in accordance with the provisions of Pr,-'! icy and Procedure Memorandum No. 30 -3 issued by the Federal FIigr,: =� Administration on octo' 'oer 26, 1971, and amendments thereto exce_' as modified by the provisions herein. 14. Railroad and utility company bills_ a. The railroad company may submit monthly bills prepared in satisfactory worm for work performed in compliance with this agree- ment provided.tha cost to be billed exceeds $500.00_ Upon receipt of said monthly bills, the State will make a payment to the railroad company. The amount of such payment may be up-to 90/ of the cost of the work performed and as covered by said bill_ Subsequent to the final audit the State will make final payment to the railroad company for work performed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof. b. in the event that the railroad company does'not desire nonthly payments, then upon satisfactory completion_ of the %, :ark per - for-ed by the railroad company under this agreement and statement in proper form, the State .shall make payment t company. The amount of said payment may be up to 90 of such work. subsequent to the audit the State will make to toe railroad company for r:ork performed and materials Protection Device EXHIBIT "B" receipt of a o the railroad the cost of final pay-ment furnished D -5RP. 11 -19 -73 • • in accordance with this agreement and approved plans and specifica- tions and approved changes thereof. 15. The State expects to be rei:bursed for its expenditures hereunder from funds provided by the United States Government_ Such reimbursement can only be obtained by the State by compliance with the statutes, rules and regulations frcm time to time enacted and promulated by the United States Government and its Federal High:•:ay Administration. In case such statutes, rules or regulations shall hereafter be altered or amended in such manner as to affect the State's right tb such reimbursement or funds from which this construction is proposed are not available, the State reserves the right to cancel this agreement at env time prior to the actual, letting of a contract by the State hereunder. 16. In the event that construction is not undertaken, or in the absence of a work order being issued by the State to the railroad company, the State and the City will not he responsible for any ex- penses incident to any cost incurred in connection with any provision of this contract. 17_ The Fede =al Highway Administration Policy and'Procedure 2 -iemn= and sL=o_eme-±ts referred to herein are made a part of the agrea_en_ by ref _nce and shall have the same force and effect as thouch recited in full herein. lo_ Compliance with Title VI of the Civil Rights Act of 1964_ During the perfo=ance of this contract, the railroad company (referred to as the " contractor- in the following paragraphs numbered 1 through 6) for itself, its assignees and successors in "interest,"agrees to comply with the following six paragraphs except in those instances where work undertaken under this agreement is performed by.its own-forces- (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimina- "ion in federally- assisted programs of the Department of Co•.,merce (Title 15, Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract_ (2) 'Nondiscrimination: The contractor, with regard to the wort- per - forted by it alter award and prior to completion of the contract wort, will not discriminate on the group- of race, color, or national origin in the selection and retention of subcontractors, including procurements D -5RR Protection Device 5 11 -19 -73 EXHIBIT "B"° of materials and leases of equipment. The contractor will not partici- pate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices wren the contract covers a program set forth in Appendix A -II of the Regulations. (3) Solicitations for Subcontracts, Includinq Procurements of Materials and Eauip *rents: In all solicitations either by competitive bidding or negotiation_ made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the con- tractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, or national origin. (4) Information and Reports: The contractor will provide all infor- mation and reports required by the Regulations, or orders and instruction.' issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as zav be determined by 'the State Highway Depart-ment of the Federal His-way Administration to be pertinent to ascertain co.-gliance with ,_ch Regula- tions, orders and instructions. Where any information rec,-ui =E;2 of a contractor is in the exclusive possession of another who fails or re -. fuses to furnish this information, the contractcr shall so ify to the State Highway Department, or the Federal Highway Adm=:istration as appropriate, and shall set forth what efforts it has made to obtain the information_ (5) Sanctions for Noncompliance: In the event of the 'contractor's noncompliance with the nondiscrimi atiou'provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Ircornoration of Provisions: The contractor will include the provisions-of paragraphs (1) through (6) in every subcontract, in- cluding procurements of materials and leases of equipment, unless e:,:erpt by the Reeui?ations, order, or instructions issued pursuant th_reto_ The contractor will take such action with respect to any sa:ocontract or proc--renent as the State Highway Department or the Protection Device EXHIBIT "B'" D -5 RR 11 -19 -73 Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance_ Provided, ho-ever, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor nay recraest the State to enter into such litigation to protect the interest of the State, and, in addition, the contractor may request the united states to enter into such litigation to protect the interests of the united States_ 19. In accordance with the provisions of Policy and Procedure. Memorandum No. 21 -10, issued by the Federal EigIniay Administration-, October 3, 1958, and amendments thereto, it has been determined that no benefits shall be construed as accruing to -the railroad company and no contribution to this project will be required of the railroad company- 20. The railroad company.shall retain adecaate cost accounting records for auditing purposes for a period of three years after pay- ment of the final bill, in accordance with Federal Highway _Administratioi Policy and Procedure Memorandum No. 30 -9, paragraph 2.b., :sued March 31, 1972. 21. All provisions concerning the State w:'ch are stirtiated Herein shall automatically cease and terminate -man official completion of this project and pay-ment of the _i�nal bill. D -5Ra Protection Device 7 11 -19 -73 EXHIBIT "B"' • IN TESTIMODTI WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. 0 TiM TEXAS MEXICAN RAILT;AY COV!_PAVI THE STATE OF TEAS Certified as being executed for the purpose and effect of acti- vating and /or carrying out the :By. orders, established policies, or (Title) work programs.heretofore approved and authorized by the State High- ATTEST: way Commission: (Seal) Assistant Secretary for Railroad Company RECONIKENDED : (Title) (Title) APPROVED AS TO FORM: Attorneys for Railroad Company CIT-x OF CORPUS CHRISTI Bv: Bridge Engineer Under authority of_ Highway Commission Minute Order No._ dated !, 19 RECO',\Z1ENDED FOP, APPROV Z: Chief Engineer of Highway Design Supervising Office Engineer EV: (Title) City Manager ATTIEST: APPROVED: DAY OF' 19; (Seal) (Ti tie) City Secretary City Attorney D -SPA II In_-7Z EXHIBIT "B"' CONSENT AGREENIER'T of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas- Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETH: -• WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number lay attached hereto, marked Exhibit "A" and made a part hereof; and WHERH , :.n the 25th day of June 1947, the United States of entree _o an Agree -cent NOy(R)-41596 with the "Railroad" concerning _..= use of slch '_:asks and facilities; and 111HEPEAS, i ^e City of Corpus Christi, Texas desires to lay a under and across the Government's existing track at the location known as the "Railroad's" Engineering Station as is shown more particularly on Exhibit "A "; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW THEREFORE, KNOV! ALL MEN BY THESE PRESENTS_, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective nanner. EXHIBIT "C" • 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. — 4. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". S. The s_id "User" has paid to the "Railroad" the sum of One _ llsr (51.00) as a tart of the consideration for this agreement, the rezeipt of which is hereby acknowledged. 6. if upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of tine, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the.same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform- able in the County of \ueces, Texas and binding upon the parties hereto, their successors and assigns. EXHIBIT "C" lFE STATE OF TESTS COIIIf's'Y OF xTEM BEFOx9 I -B, The undersigned authority, a 11otary Public in and fox k;ebb County, Terns, on this day personally appeared os The Texas lie ;tican Failuly -Company, kalo-va to ma to be the person and officer whose name is subscribed to the foregoing instrt—ment and acknowledged to me that the sane was the act'of The Texas Mercan Railway Company aforesaid, a cor;.:)ration, n-nd that he executed the save as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIMI WMER I•kY RUID AIM S--A-1 OF OFFICE, This day of , Notary Public, Webb County, Texas l:L STATE OF T`=1— co•r_,°T� of �>;_'� . BEFOI"2 .1, The ir"erai: ;ned authority, a Notary Public in and for _:_.aces Co=- ty, Tom. is, on tLis day personally appeared Citylfanager of tea City of Corpus Christi, knorm to me to be tha person and officer whosa r.:�e is subscribed to the foregoing instrar(ant and ack-ovledged to -.re that the same -t-,as the act of the s-9dd City of Corpus Christi, a rwni.cipal coreore.tion, and that he exe�,uted the same as the act of such co%rrporation, and t1 hat he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated, GIPFj UNDER MY IieNTD �N-D SF,11 OF OFFICE, This the day of , Potary Public, Nueces County, Ter —as 4 EXHIBIT "C" TIIL•' ST: \TF. G`,' TE-<AS ) COUNTY OF WEBB ) THIS AG:;E'::.iF. \T cn!cnd into i.it Laredo, TeNns, by and between The Texas `dex!cae Railiway Company, a Texas car - poraCon domica.d !n Wl bb County, Texas, and trr:aiier called Railroad, and City of Corpus Christi, Texas hercit:aftcr cal "ed Permittcc, w:!tncsseth: - 1. It', co^si_:eratioa o: Lie muymcnt by Penn!uee to the Railroad of the sum of $ and subject to the ter m3 and cand!uons contained herein, The Ra(h-oad does hereby grant its permission for Permittcc to Iay, maintain, operacc and repair for a term of one year, and thereafter, but subject to te-m!nalion at any time after the effective date of tills contract, upon sixty dal; c: ri rtes notice by auger natty to the othy, one 't3y,"",•�.,�(-},3LI,^1f ling as hcreinaitcr ,stated. Said _ Cute shall be enclosed and encased is a conduit for a distanm of feet In bath Choctions from the canter of the center line of Rallroati s main railroad tracs s:•[ s`§':Xi:i;iGi;;u,.`:X•.lili'.3C �i3: at3: ^Ak?kX]CRE76-ti:'RdC3:X5a^•C�": x�? �% �.�.�.Y��r.'��i�� <.•�5n�:4�ks°S 3�-Mxtca�r �.x>;:cl.:s�Yx�r; Said line across the right -of -way shall be laid and Installed at it depth of at Ieast feet bclo:w the top of the -tie of the existing track. 2. Suit! II �_ - _ _ - line shall be located at about StatiC), Corn_! s Cild.-ti, TeX, ,_1Ne crossing is shown on the attached skelen and said sl :etch is made a pat•! hereof. 3. It is understood and agreed that before said _ _ _ line Is installed and aso before any c :! :rges or repairs are made at any time, the: a written permit for each such occasion shall be obtained from tir.^ General ' lan:gers Off!cc in Laredo, Texas, of The Tevs 3Iexican P.ail•xay Comaar:y, and Vio Permittcc^ agrees to confor'n to toe d'urecdons, and instru2don3 specified in said por•atit and to continuously maintain said line so as to keep it free from leaks or defects or from interfere ct; with drainage. 4. Iu the event the Railroad should desire for any reason a change in the location of said p!pe line, the Perin Man agrees and covenants ti:at lc•ithi.•t th!r.y cnvs a_tcr recalv:ng written notice to that eCfcet, said Permittee will make promptly such caanees in the location _d Iay!ng of sa`.d f - - - - - line as may be required by the ?ailroa= 2.1 an sucl: hzngcs :c:a reference to said _lire shall be at the s -__ a:cpense of the ?e. —i::ce and in accordance w: ith the specifications presented by the Ra!lroa3 S. It is °er tt2dcrstc+04: and sy_ced that the Perta.!4ce shall well and sufficiently indemnify and viva harmle_s the Ra2.1- roa;: from all _' -z _^-s. dc:,.aadc, de :.yam.. ^_o ns, ce _ s`s and charges (including reasonable amounts for attorney's icei to wknch said IlaU.»ad - - -c s:bjt•cied.. on lee:__ - resu +:t, or asscr(c•d to result, from the maintenance, use and operations of said 12-inch :. - - - - - - - - - - - - - - _. Ii fu, on and across the Railroad's right -of -way, incIu_ria construc,lon, r_- < °,-or failure i., an r__.7Mer of said line. Such indemnity shall include claims, dernsnds, damages, actions, costs and char_ .s 1 inciuding rep s:._a _'_e = xa¢nts for attorney fees) sustained by Permittee, its agents and cmplayees, and :whether or not caused 'c r.a 'q:igencc of the :: _t.-rcad. G. All o'c;:azt_ions imposed by ih_; contract shall be per!ormable in Nueces County, Texas, and binding upon the parties hereto, their s,�ccesso:s and assigns. - EXECUTED in duplicate on this day of ., 19 THE Tr_XAS MEXICAN RAILWAY CGAIPAr'Y A7 CEST: Stcretary, The Texas Mexican Rnihoay Company Ey _ General Manager CITY OF CORPUS CHRISTI, TEXAS By ArpetvED TIIES'iA ": OF'1E \AS I CIZ4 gTT6�t AJ y/ COUNTY 05' A7r•.i;131 ICF.1'C,l:f: ME. The usu;cr.:i� itetl nu!!virily, a Nohrtl Publie is and for 1Yebb County, I'exas, on this clay per ona!ly app• .red Con -nil ;.lap-:; :vr of T1.c Tr::as dfeNkaa Itail:•.-:q• Cot:_; . -:nw, lit:uwn la ntc to bc: ute 1•traos a:Id -Hv or :rte,: t: name is suW.crlbo +l to V., - Corr:: •: n;; in;lrununt and acknrcic ;:e,l to r.:c C,at Up! : :;one ort of Ito ::.rid Ti­ 1'asa. Iv:, ir:m l::.ilv:ay L' +auu:r, n', :1 cnrpo::diou, tmd twat he executed tha•>an:c IN the act of net .- ".r the 1-mis•,:s and 6iarin cxprv_: <rd, awl in tL•c caDadty thm'cin stated. CiIVI:K UNDER Ml' 1tA:,i1 A:J) SEAL OF t FF[CF. 0:1 Ihl+ day of ., 14 EXHIBIT "C"' nnt:.ry rphue, ll•eb!• s • Corpus Christi, Texas day of 19,24Z TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, ���LAk - MAYOR I Pro_TeM V�kITY OF CORPUS CIRTSTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby T James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby / . a James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark INTER -OFFICE COMMUNICATION Dept. Engineering & Physical Development %U Bill G. Read, City Secretary From Gerald Smith P E Chief Engineer Date April 8. 1980 .G.AI —f The Meadows Subdivision Attached herewith for filing in your records are two each fully executed Consent Agreements from the Texas Mexican Railway and the United States of America. The Agreements provide essentially for a permit to cross the railroad track at The Meadows Subdivision on Holly Road, with a) an 85 -foot road crossing which is the entrance to the subdivision, and b) a 4 -inch P.V.C. force main which would be bored under the railroad. These instruments are for filing in your records, as required. GS /ajr attachments Gerald Smith, P.E. '0 'v?? r, rr•.