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Home My WebLink About02862 ORD - 08/22/1950AN ORDINANCE PROVIDING FOR THE INSTALLATION, OPERATION AND MAINTE- NANCE OF A HIGHWAY,RAILROAD GRADE CROSSING PROTECTION DEVICE ON STATE HIGHWAY 286 (PORT AVENUE) WHERE SAID STREET CROSSES THE LINE OF THE TEXAS DE XICANRAIIAfAy. COMPANY ITT .MAL4.ER FOR MW. .QN BEHALF .............._...._ _.____.... IN THE CITY OF /CORPUS CHRISTI, NUECES COi1NTY , TEXAS, AND AUTHOR- IZING THEM= OF TOE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST TliJ SAME, A CERTAIN CONTRACT BETWEEN THE CITY, THE STATE OF TEXAS AND THE RAILROAD COMPANY FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE AND THE USE OF SAID PRO- TECTION DEVICE PROJECT; FOR THE PAYMENT, BY TOE STATE OF TEXAS, OF THE CONSTRUCTION COSTS OF SAID PROTECTION DEVICE PROJECT; FOR THE INIMNIFICATION OF THE STATE BY THE CITY AGAINST ANY AND AL , Amos, TO ADJOINING, ABUTTING AND OM ER PROPERTY BY REASON OF. -THE INSTALLA- TION OF SAID PROTECTION DEVICE PROJECT; FOR OTE PROTECTION OF THE STATE OF TEXAS AGAINST ALL SUCH bKRAGES AND EXPENSES IN CONNECTION WITH A CLAIM OR SUIT 'IMEREOF: AND DECLARING AN EMERGENCY AND PROVID- ING THAT IRIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the City, and the people of the City require that the protection device project be installed where ......_STATE HIGWAY 286 (PORT AVENUE) crosses the track of the TEXAS MEXICAN RAILWAY COMPANY in the city of CORPUS CHRISTI, NUECES COUNTY , Texas, since the existing railroad grade crossing constitutes a danger and serious inconvenience to the public which is urgently required to be remedied and the only practical remedy is that of installing a highway - railroad grade crossing protection device; and WHEREAS, the City has requested the State of Texas to contribute fi- nancial aid in the installation of the protection device project; and WHEREAS, the State of Texas has made it known to the City that it will assist the City in the installation of the protection device project by furnishing the necessary funds for the actual construction and by supervising construction, providing the City approves the plans for said protection device; and WHEREAS, the City in consideration of the providing of said protec- tion device project, agrees to,.indemnify the State of Texas from any and all liability and any and all damages to adjoining and abutting property or other prop- erty caused by the installation, the construction, the existence and the use of the protection device project or by the passage and enforcement of this ordinance. Ordinance (Protection Device) 1 a (z, 8 -50 -2255 D -5 NOW, THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL: Section 1. That since the public convenience, safety and necessity of the City and the people of the City require it, a highway - railroad grade crossing protection device project shall be installed where STATE. glow 286 crosses the track of the TEXAS MEXICAN RAILWAY COMPANY in the City. Section 2. That the State of Texas be and is hereby authorized as agents of the City, to construct or to have constructed the protection device project at the location and in the manner as shown on the sketch attached hereto and marked Exhibit "A" and made a part hereof in all respects and approved changes thereof. Section 3. That the Railroad Company shall maintain said protection . device project. Section 4. That nothing in this ordinance shall be construed to re- quire the State of Texas to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property caused by, incidental to, or in any way connected with the passage and enforcement of this ordinance or by reason of the installation, the construction, the use or the existence of the protection device project authorized herein, or to defend any suit or suits brought against the State of Texas by any party or parties for the recovery of any such damages. Section 5. That for and in consideration of the mutual covenants herein contained, the City does hereby agree to indemnify the State of Texas against any and all damages and claims for damages to adjoining, abutting, or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use or the existence of said protection device project, and does hereby agree to indemnify the State of Texas against any and all court costa, attorneys' fees, and all expenses in connection with such suits for such damages and shall, if requested to do so in writing, assist or relieve the State of Texas from defending any such suits brought against it. Section 6. That nothing in the agreement shall be construed to place any liability on the City for personal injuries arising out of the construction, the installation, tho use or the existence of said protection device project. CITY MANAGER FOR AND ON BEHALF OF THE an Section 7. That the of the city/be and is hereby authorized to execute for and on behalf of the City an agreement and contract with the State of Texas and said Railroad Company in accordance with and for the purpose of carrying out the terms and provisions of this ordinance in the form attached here- to and marked Exhibit "C ". The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City thereto. Ordinance (Protection Device) 2 8 -50 -2255 D -5 Section 8. That the Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative public necessity that the work herein provided for be begun and carried out promptly and with expedition, and that the contract aforesaid shall be immediately made, executed and delivered to the end that such work herein Provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. TEST e p y,�akby 6eoretary TOLE GAL ARMS Oity Attorney A OR FRO TEE CITT Ole CORPQS OMISTI, TEXAS Corpus Christi, Texas , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergenoy clause of the fore- going ordinanoe, a publio 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 ordinanoe finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, o -T* nAi City of Corpus Christi, Texas The Charter rule was suspended by the Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman following vote: lam" l�e U passed by the following vote: k Cue- • 160 IJI ./. 1 A flo Mo• Timo.volamml cs. ars /c. b. mfIalla> lo chiconfirno rs- Pfe'rf4c0*/• papa, of ',no movenmM, stopped mMit, AUVP.,/, m. bm. Meer./ will b. Bel Ileprminaeoly / subsgemno, ac/Ji/stmmts m// made eneinArnance cone/Meru /71.0y Mol,12.41, M .0.5../led re...Muds Me siMaJa when Me Irel sMkmms crcear . , .„... ; , "*" .7■;7; L;7:2 7"""° "71111:fi4"I':- vemori•I Mg. Y,17 ^ " ..... /seamier, CON,TlevCrlon /Mem. SECTMN 6.0E CRSSIN6 LAYOUT SHEET HIGHWAY RAILROAD GRADE CROSSING PROn-crIoN PROJECT, Z.FLASHING LIGHT SIGNALS - TYPE INTERSECTION OF PORT AVENUE AND rHE TEXAS MEXICAN RAILROAD 111.111111111 JIM9II/PTION SAM. MUM Of IM7,17SELTIOM Anne e 4.• INDEX OF SHEETS D5OCNIPTION NUT 5 - IMMO OM. • - WW1 friNen. STATE OF TEXAS STATE HIGHWAY DEPARTMENT • PLANS OF PROPOSED STATE HIGHWAY IMPROVEMENT ""Norriglifir 5051.5•3 , WWI OF 1.110XOT • 00F, •C014. IN CORPUS CHRISTI, NUECES COUNTY MATE HWY NQ 286 AND TEXAS - MEXICAN RALRO4D 2 FLAWING uGgr SIGNALS TYPE 2 .0•44M.1•MI=1...rtF IIMMOWIRT a••••••01.. M.• NO RALIIONO owe CNOSSASS 19.1SPIATED CAE SULAM MEE 010SINIS AMMO NO EQUATIONS IDICEPTIOle NM P=11. Men ■••=11110 MINIM 5••• umw WO. wolOM1■5. mei Is goo.. FF mmer. MOUT OCALEI - SOO FF. L. .44 rime rta _ b f6�. s= r V/,inb Mosserima somansn Sm. i : wilt justments w/ .o. made by momMenanne e+ fans may 0 0 •0 Moans ry b b MsN /bd /F - -r /'wM1 M. s wlrv+ Hre Fnin euLncaf b, • �F9 LAYOUT SHEET HIGHWAY RAILROAD GRADE CROSSING PROTECT /ON PROJECT, 2- FLASHING LIGHT SIGNALS - TYPE 2 INTERSECT /ON OF PORT AVENUE AND THE TEXAS MEXICAN RAILROAD M N .m.. ! g .ww e.M...�hd -ejo err�� r`w,.,.,. n%o`on � e.;{y , array OF INFER...LOON _ STATE. NOWAY ;2 ° m RAILROAD tRolitt40 #ONALI, A. . - } -Ai:d STATE OP TEXAS [ COUNTY OF TRAVIS THIS AGREEMENT, made this day of..._. , 19 , by and between the State of Texas, hereinafter referred to as the "State ", Party of the First Part; and the TAKAS_MEXICAN RAILWAY COMPANY a corporation hereinafter, whether one or more, called the "Railroad Company ", Party of the Second Part, acting by and through its under and by virtue of authority shown in Exhibit "D ", attached hereto and made a part hereof; and the City of C.ORPUS_..GHRISTI NIECES County, Texas, acting by and through its duly authorized officers under an ordinance passed the 221md day of-'nguat , 19.5Q..., hereinafter referred to as the "City ", Party of the Third Part: W I T N E S S E T H: WHEREAS, the City has authorized the construction of a highway - railroad grade crossing protection device project by ordinance passed on the... ad. day -of August ..,. 19 74., on STATE HIGHWAY 286 (PORT AVENUE) WHERE SAID in the City; and HIGHWAY GROSSES THE LINE OF THE TEXAS MEXICAN RAILWAY COMPANY WHEREAS, the City has requested the State to contribute financial aid in the installation of said highway - railroad grade crossing protection device project; and WHEREAS, the State has made it known to the City that it will assist the City in the construction of the highway- railroad grade crossing protection device project by preparing plans, awarding construction contract and supervising con- struction, providing the City approves the plans and specifications of same, and during and after construction by the State, the City will indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property occasioned by or resulting from the installation, construction, existence and use of said signal protection device project and the passage and enforcement of the ordi- nance hereinabove referred to. A G R E E M E N T: NOW, THEREFORE, in consideration of the premises and of the mutual cov- enants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas, has exclusive control of and jurisdiction of all streets and public'ways within the incorporated limits of said City, and that the City has requested and has consented to the construction of the protection device project hereinabove named, and the State, in the construction of the above named protection device project, does Indemnification (Protection Device) 1 EXHIBIT "C" 0 -50 -2254 D -5 so at the special instance and request of the City. The locations and manner of the installation being shown on the sketch attached hereto marked Exhibit "A" and made a part hereof and approved changes thereof. The State Highway Department of the State of Texas acts as the agent of the City in the construction of the pro- tection device project thereof. 2. The City, does hereby agree to and does hereby authorize the State to construct, or to have constructed, the highway - railroad grade crossing protection device project at the location and in the manner as shown on the sketch attached hereto and marked Exhibit "A" and made a part hereof and approved changes thereof. 3. The State agrees to prepare or provide plans and specifications and supervise construction thereof and to pay the cost of the actual construction there- of, in accordance with Exhibit "B" and approved changes thereof. 4. The Railroad Company agrees to maintain said protection device project. 5. The City agrees to indemnify the State against any and all damages and claims for damage to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installa- tion, the construction, the existence or the use of such protection device project, and does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. 6. Nothing in the agreement shall be construed to place any liability on the City for personal injuries arising out of the construction, the installation, the use or the existence of said protection device project. Indemnification (Protection Device) 2 8 -50 -2254 D -5 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated.. ATTEST: By Secretary for Railroad Company (Title) By Secretary for City Mcwr CITT MANAGER APPROVED AS TO LEGAL Fit APPROVED: City Attoragy !BB STATE OF TEXAS Chairman, State Highway Commission By Member, State Highway Commission State Highway Engineer RECOMMENDED: RECOMMENDED FOR APPROVAL: General Manager for Railroad Company Chief Engineer for Railroad Company APPROVED AS TO FORM: General Attorneys for Railroad Company Assistant Attorney General Indemnification Bridge Engineer Engineer of Road Design 7 -49 -1585 D -5 AGREEMENZ OF THE TEXAS MEXICAN RAILWAY COMPANY EffiBIT "D°