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HomeMy WebLinkAbout04390 ORD - 11/16/1955F. Nueces County Control 101 -6 -21, 22, 23, 8 24 F 204 (6), (7), (8), 8 (9) U. S, Highway 181 AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF A HIGH LEVEL BRIDGE PROJECT ON U. So HIGHWAY 181 EXTENDING FROM A POINT NEAR FITZGERALD STREET TO A POINT NEAR ELM STREET AND CROSSING OVER CERTAIN PROPERTY AND TRACKS OF THE TEXAS AND NEW ORLEANS RAILROAD COMPANY IN THE CITY OF CORPUS CHRISTI, TEXAS, AND AU- THORIZING THE CITY MANAGER OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY, THE STATE OF TEXAS AND THE RAILROAD COMPANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF SAID HIGH LEVEL BRIDGE PROJECT; FOR THE GRANTING OF LICENSE AND PERMISSION BY THE RAILRAAD COMPANY FOR SAID PROJECT; FOR THE PAYMENT, BY THE STATE OF TEXAS, OF THE CONSTRUCTION COSTS OF SAID PROJECT; FOR THE ASSUMPTION, BY THE CITY, OF ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPANT THEREOF; FOR THE PROTECTION OF THE STATE OF TEXAS AND THE RAILROAD COMPANY AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREFOR; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS 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 a high level bridge be constructed across the Corpus Christi Ship Channel and the tracks of the Texas and New Orleans Railroad Company since the existing draw bridge across the channel constitutes a danger and serious inconvenience to the public which is urgently required to be remedied and that the only prac- tical remedy is that of constructing a high level bridge as herein provided; and WHEREAS, the City has requested the State of Texas to con- tribute financial aid in the construction of the high level bridge pro - ject; and WHEREAS, the City has requested the Railroad Company to grant a license and permission for the construction of said high 'level bridge project across its property and over its tracks? and WHEREAS, the State of Texas has made it known to the City that it will assist the City in the construction of said bridge project by furnishing the necessary funds for the actual construction; by preparin'g' plans and specifications; by awarding of construction contracts; by super- visenyQ construction; and by assisting in the maintenance of said project, providing the City approves the plans, grades and alignment for said pro- ject, and after completion of construction will maintain certain features of said bridge project; and WHEREAS, the Railroad Company has made it known that it will grant a license and permission for said bridge project to be constructed across its property and over its tracks at the location herein stated, and i 1 ('.�/ Ordinance WHEREAS, THE CITY, IN CONSEDE ATION OF "HE F'ROViDh< Or SAID BRIDGE PROJECT, AGREES TO PROTECT THE STATE Orr TEXAS AND 'i ;HE RAILROAD COMPAN -( FROM ANY AND ALL LIABILITY AND ANY AND ALL DAMAGES TO AL_11'ISJImvr AND ABUTTING PROPERTY OR OTHER PROPERTY OR BUSINESS OR TG ANY TENANTS OCCUPYING SUCH PROPE�.TY, CAUSED BY THE INSTALLATION, THE CONSTRUCTION, THE EXISTEIN,: :E, THE ';3E AND TvE MAINTENANCE OF SAID BRIDGE PROJECT OR TINE PASSAGE AND ENFORCEMENT OF THIS ORD" ANCE,, AND WHEREAS, THE CITY WILL ASSIST IN THE MAINTENANCE AND BE RESPONSIBLE FOR THEIR PORTION OF THE MAINTENANCE 07 THE BRIDti:__ PROJECT, NOW, THEREMRE, BE IT ORDA I NL.D BY 7,'E' C i T'l" +�C UNC I L OF THE C I T( OE CORPUS CHRISTI, TEXAS: SECTION 1. THAT SINCE THE PUBLIC CONVENIENCE, SAFETY AND NECESSITY OF THE CITY AND THE PEOPLE OF THE CITY REQIIP.E ITy A HIGH LEVEL BRIDGE BE CONSTRUCTED AND PROVIDED ON U. S. HIGHWAY 181 EXTENDING FROM A POINT NEAR PITZGERALD STREET TO A POINT NEAR ELM STREET AND CROSSING OVER CERTAIN PROPERTY AND TRACKS OF THE TEXAS AND NEW ORLEANS RAILROAD COMPANY IN THE CITY. SECTION 2. THAT THE STATE OF TEXAS BE AND IS HEREBY AUTHORIZED TO CONSTRUCT SAID BRIDGE PROJECT AT THE APPROXIMATE LOCATION AND IN THE GENERAL MANNER SHOWN ON THE PLAN, ATTACHED HERETO AND MARKED °EXHIBIT A" A!AL) MADE A PART HEREOF IN ALL RESPECTS. DETAILED PLANS, SH OWING LOCATIONS GRADCSy ETC., ARE TO BE LATER PRE- PARED COVERING THE CONSTRUCTION OF THE PROJECT AND WHEN SAID PLAINS GOVERNING THE CONSTRUCTION OF SAID PROJECT HRYE BEEN PREPARED AND APPROVED BY THZ CITY, TREY ARE TO BE ATTACHED HERETO, MARKED "EXHIBIT B" AND MADE A PART OF THIS ORDINANCE IN ALL RESPECTS. SECTION 3. THAT NOTHING IN TXle ORDINANCE SHALL BE CONSTRUED AS TO RE- QUIRE SAID RAILROAD COMPANY OR THE STATE OF 0r..XAS TO A.'.;SUME OR PAY ANY DIRECT, INCI- DENTAL OR CONSEQUENTIAL DAMAGES YO ADJOINING, ABUTTING OR OTHER PROPERTY OR BUSINESS OR TO ANY TENANTS OCCUPYING ADJOINING, ABU' "TING OR OTINER PROPERTY CAUSED BY, INCI- DENTAL TO, OR IN ANY WAY CONNECTED WITH THE PASSAGE AND ENE, ",RCEMENT OF THIS ORDI- NANCE OR BY THE IN5TALL ATION, THE Iii id'a'7 P.0 CTI?S:Ny THE EX1 ,T ZMCE, TXE U;CE DR THE MAINTE- NANCE OF THE PROJECT AUTHORIZED HEREIN, OR 74c D.rEN)D ANY SUIT OR SUITS WHICH MAY BE BROUGHT AGAINST SAID RAILROAD COMPANY OR THE STATE or TrXAS BY ANY PARTY OR PARTIES FOR THE RECOVERY OF ANY SUCH DAMAGES. SECTION 4. FOR AMD IN CONSIDERATIOJ' OF THE MUTUAL COVENANTS HEREIN CON- TAINED, THE CITY DOES HEREBY AGREE THAT ALL DAMAGES AND CLAIMS FOR DAMAGES FOR WHICH THERE IS A LEGAL LIABILITY TO ADJOINING, ASUTTING C.IR OTI?EP. PROPERTY, IF ANY THERE SE, ARISING OUT OF, INCIDENT TO, OR CAUSED BY YHE INSTAL�_ATI +3N, THE CONSTRUCTION, THE USE, THE EXISTENCE OR THE MAINTENANCE OF SAID PRfJJrCT, SHALL BE ADJUSTED AND PAID SOLELY BY THE CITY SO THAT THE CITY SHALL AMD I)z9E::. 'r.KR-,:3Y AGREE TO HOLD HARM- LESS SAID RAILROAD COMPANY AND THE STATE OF TEXAS AIr AIN.T Aw: ANO ALL CLAIMS, DEMANDS AND CAUSES OF ACTION FOR RECOVERY OF ANY AND ALL :OUCH, DAM,AC?ES APISINC• OUT OF THE 'INSTALLATION, THE C,ONSTRUCTIONy THE USE AN(' /Ci7 THE EXISTENCE ACI /OR THE MAINTENANCE OF SAID PROJECT, AND AGREES TO ASSUME THE DEFENSE OF ANY AND ALL SUITS BROUGHT FOR THE RECOVERY OF ALL SUCH ALLEGED DAMAGES, AND SHALE. INTERVENE AND MAKE ITSELF A v PARTY THEREIN IN ITS OWN NAME, I.F IT IS NOT ALP,'ACY MA°JE A PA9T'I THEREFO, FOR THE PURPOSE, AND SHALL IF REQUESTED IN WRITING BY THE ORDINANCE RAILROAD COMPANY OR THE STATE OF TEXAS SO TO DO, WHOLLY RELIEVE SAID RAILROAD COMPANY AND THE STATE OF TEXAS FROM DEFENDING THE SAME, UNLESS SOME ACT OF NEGLI- GENCE OF THE RAILROAD COMPANY IS INVOLVED IN SAID CLAIM, OR sOME ACTION ARISES BY REASON OF THE ACT OF THE CONTRACTOR OF THE STATE OF TEXAS WHILE SAID PROJECT IS UNDER CONSTRUCTION, ALL OF WHICH IS MORE SPECIFICALLY PROVIDED IN THE AGREE- MENT HEREINAFTER AUTHORIZED TO BE EXECUTED BY THE CITY MANAGER IN SECTION 6 HEREOF. SECTION 5. THAT NOTHING CONTAINED" HEREIN SHALL EVER BE CONSTRUED TO PLACE UPON THE RAILROAD COMPANY AND /OR THE .STATE OF TEXAS ANY MANNER OF LIA- BILITY FOR INJURY TO, OR DEATH OF PERSONS, OR FOR DAMAGE TO, OR LOSS OF PROPERTY ARISING FROM OR IN ANY MANNER CONNECTED WITH THE MAINTENANCE OR USE OF THE BRIDGE PROJECT LOCATED EITHER ON OR OFF OF THE RAILROAD COMPANY'S RIGHT -OF -WAY AND THE CITY WILL SAVE THE RAILROAD COMPANY AND THE STATE OF TEXAS HARMLESS FROM DAMAGES ARISING FROM SAID MAINTEMANCE ANO /OR THE USE OF SAID PROJECT, AS SET OUT IN "EXHIBIT C ". SECTION 6. THAT THE CITY MANAGER BE AND OS HEREBY AUTHORIZED TO EXE- CUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT AND CONTRACT WITH THE STATE OF TEXAS AND THE SAID RAILROAD COMPANY IN ACCORDANCE WITH AND FOR THE PURPOSE OF CARRYING OUT THE TERMS AND PROVISIONS OF THIS ORDINANCE, IN THE FORM ATTACHED HERETO 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. SECT WN 7. THAT THE STATE BE AND IS M' "REBY AUTHORIZED, AS AGENT OF THE CITY, TO CONSTRUCT SAID BRIDGE PROJECT AT THE LOCATION, TO THE GRADE AND IN THE MANNER AS SHOWN ON "EXHIBIT A" AND TO BE SHOWN ON "EXHIBIT SECTION 8. THE FACT THAT SAID PROJECT IG AT A POINT WHERE IT IS NECESSARY FOR THE CITY, THE STATE AND THE RAILROAD TO AGREE UPON THE MATTERS CON- TAINED IN SAID AGREEMENT TO PREVENT AMY DELAY IN SAID PROJECT CREATES A PUBLIC EMERGENCY AND AM IMPERATIVE PUBLIC NECCS .SITY, REQUIR ING TIIE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSFD FINALLY ON THE DATE OF ITS INTRODUCTION, AND THAT SAID ORC•'IMAMCE !HALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AMID TX MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXISTS, AND HAVING REQUESTED SAID CHARTER RULE BE SUSPENDEO, 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, pT ^S ACCORW NGL1' 50 ORW NED. PASSED AND APPROVED, TIII s T;IE —1-6E, A: OF s 1955. i ATTEST: MAYOR THE CITY OF CORPIS CHRIST1, TEXAS ll ' -CITY SECRETARY 0 APPROVED AS TO LEGAL FORM NOVEMBER J& , 1955- ���a CITY ATTORNEY mqm IN Nueces County kk Control 101 -6 -21, 22, 23 F 204 (6), (7), (8) & A9) U. S. Highway 181 `19 STATE OF TEXAS �7 COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 19_, by and between the State of Texas, hereinafter called the "State ", Party of the First Part, and the Texas and New Orleans Railroad Company, a cor- poration 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 thereof; and the City of Corpus Christi, Texas, acting by and through its duly authorized officers under an Ordinance passed the day of , 19_, hereinafter called 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 high level brig a ro'ect by Ordinance passed on the day of 19_, on U. S. Highway 181 in the City, over, on, and across the rails and property of the Railroad Company; and WHEREAS, the City has requested the State to contribute finan- cial aid in the construction of said bridge project; and WHEREAS, the State has made it known to the City that it will assist the City in the construction of said bridge project by furnishing the necessary funds for the actual construction of said bridge project and by preparing plans, awarding of construction contract, supervising construction, and by assisting in the maintenance of said project, pro- viding the City approves the plans, specifications, grades and alignment of same, and after construction will maintain certain features of said bridge project, and provided further that the City assumes responsibility for all damages to adjoining, abutting, and other property occasioned by or resulting from the installation, construction, existence, use and maintenance of said bridge project and the passage and enforcement of the Ordinance hereinabove referred to. A G R E E M E N T , NOW, therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them re- spectively kept and performed, as hereinafter set forth, it is agreed as followsa Indemnification (high level bridge) 1 i 1. FOR AND IN CONSIDERATION OF THE MU'T'UAL LOVENAN'TS HEREIN CONTAINED, THE CITY DOES HEREBY AGREE' THAT ALL DAMAGES AND CLAIM::. FOR DAMAGE ,, FOR WHICH THERE IS A LEGAL LIABILITY, TO AOJOINING, ABUTTING OR OTHER FRO -FRTy, IF AINY THERE_ BE; ARISING OUT OF, INCIDENT TO, OR CAUSED BY THE INSTALLATION; THE: C,OIdS',RUCTION, THE USE, OR THE EXISTENCE OR THE MAINTENANCE OF SAID PROJECT SHALL BE ,ADJUSTED AND PAID SOLELY BY THE CITY 50 THAT THE CITY SHALL AND DOES HEREBY AGREE TO HOLD HARMLESS SAID RAILROAD COMPANY AND THE STATE OF TEXAS AGAINST ANY ANC ALL CLAIMS, DEMANDS AND CAUSES OF ACTION FOR RECOVERY OF ANY AND ALL SU[:H DAMAGES ARISING OUT OF THE IN- STALLATION, THE CONSTRUCTION; THE USE; OR THE EXISTENCE GF THE MAINTENANCE OF SAID PROJECT, AND AGREES TO ASSUME THE DEFENSE OF ANY AND ALL SUITS BROIJ ^.HT FOR THE RE- COVERY OF ALL SUCH ALLEGED DAMAGES, AND SHALL INTERVENE: AND MAKE. ITSELF A PARTY THEREIN IN ITS OWN NAME, IF IT IS NOT ALREAl;7 MADE A PARTY THERETO, FOR THE. PURPOSE; AND SHALL IF REQUESTED IN WRITING BY THE RAILROAD COMPANY OR THE STATE OF TEXAS SO TO DO, WHOLLY RELIEVE SAID RAILROAD COMPANY AND THE `,TATS. OF TEXAS FROM DEFENDING THE SAME, AND HEREBY AGREES TO HOLD SAID RAILROAD COMPANY, THE STATE OF TEXAS AND EACH OF THEM, HARMLESS AS TO COURT COSTS, ATTORNE "75a FEES AND ALL EXPENSES IN CONNECTION WITH SUCH SUITS, AND HEREBY ASSUMES AND AGRC.ES TO PAY ALL SUCH JUDGMENTS RECOVERED AGAINST SAID RAILROAD COMPANY AND /OR THE STATE OF TEXAS BY REASON OF THE CONSTRUCTION, THE INSTALLATION, THE USE AND /OR THE EXISTENCE ANDAR THE MAINTENANCE OF SAID PROJECT. PROVIDED THE CITY DOES NOT HEREBY INOEMNCFY OR AGREE TO INDEMNIFY THE RAILROAD COMPANY AGAINST ANY CLAIMS, DEMANDS OR +.'Ai;SES OF ACTJON WHICH ARISE FROM NEGLIGENT ACT OR OMISSION OF THE: RAILROAD COMPANY, ITS AGENTS; EMPLOYEES OR CON- TRACTORS OR ITS PASSENGERS OR ITS SHIFPFRS OF FRE?I_+i -1T UNLESS SOME NGLIGENT ACT OR OMISSION OF THE CITY, ITS AGENTS, EMPLOYEES OR CONTRACTORS BE A CONCLIRRING CAUSE OF THE EVENT GIVING RISE TO SUCH CLAIM, DEMAND OR CAUSE OF ACTION AND IN THE EVENT ANY SUCH CLAIM, DEMAND OR CAUSE OF ACTION ARISE: FROM AN EVENT OR OCCURRENCE. CAUSED BY CONCURRENT NEGLIGENT ACTS OR OMISSIONS OF TE CIT,!, ITS AGENTS, EMPLOYEES OR CONTRACTORS, AND FOR WHICH IT IS LEGALLY LIABLE AS A CITY, AND OF THE RAILROAD COMPANY, ITS AGENTS, EMPLOYEES OR CONTRACTORS OR ITS PASSENGERS OR ITS SHIPPERS OF FREIGHT, THEN THE RAILROAD COMPANY AND THE CITY FACH AGREE TO INDEMNIFY AND WILL INDEMNIFY THE OTHER AND 19ILL HOLD THE OTHER HARMLESS FRAM AND TO THE EXTENT OF ONE —HALF OF ANY RECOVERY MADE AGAINST THEM AMD/OR EIi'HER OR BOTH OF THEM ON ACCOUNT THEREOF; BUT IN THE EVENT OF ANY SUCK CLAIM, DEMAND OR CAUSE OF ACTION ARISING FROM OR BEING ASSERTED ON ACCOUNT OF AN EVENT OR OCCURRENCE ARISING FROM THEIR CONCURRENT NEGLIGENCES, NEITHER SHALL INDEMNIFY THE OTHER AGAINST THE OTHER'S ATTORNEY FEES, OR COSTS OR EXPENSES INCIDENT TO TP.E INVESTIGATION OR DEFENSE OF THE CLAIM. IF A CLAIM OR DEMAND IS ASSERTED AGA7 ^'ST TEE RAILROAD COMPANY AGAINST WHICH IT IS IN ITS OPINION FULLY OR PARTIALLY INDEMNIFIED BY THE CITY UNDER ANY OF THE PROVISIONS OF THIS INSTRUMENT; OR A CLAIM OR DEMAND IS ASSERTED AGAINST THE CITY WHICH 17 IS IN ITS OPINION PARTIALLY INDEMNIFIED BY THE RAILROAD COMPANY, THE PARTY AGAINST WHOM SUCH CLAIM OR DEMAND IS ASSERTED SHALL NOTIFY THE OTHER PARTY THEREOF WITH REASONABLE PROMPTNE.55 (BUT IN ANY EVENT, AT LEAST 5 DAYS BEFORE THE PARTY AGAINST WHOM THE CLAIM IS ASSERTED IS REQUIRED TO ANSWER TO ANY SUIT BROUGHT AGAINST IT BY THE PARTY ASSERTING SUCH CLAIM OR DEMAN:). EITHER PARTY SHALL HAVE THE RIGHT TO INTERVENE IN ANY SUCH SUIT BROUGH', AGAINST THE OTHER PARTY; AND EITHER PARTY AGAINST WHOM SUIT IS BROUGHT SHALL HAVE THE RIGHT TO IMPLEAD THE OTHER PARTY INTO SUCH SUIT AND CAUSE THEIR RESPECTIVE LIABILITY AS BETWEEN EACH OTHER TO BE THEREIN DETERMINED. INDEMNIFICATION (HIGH LEVEL BRIDGE REVVSED 11.15 -55 —Ge Neither failure of either the Railroad Company or the City when sued upon any such claim of demand, to implead the other in such Auit, nor failure of either to voluntarily intervene in any suit against the other upon any such claim or demand shall affect the ultimate lia- bility of either to the other under any of the foregoing agreements of indemnity, except that in the event either should fail - upon notice of the pendency thereof - to intervene in a suit brought against the other upon any such claim or demand, the party so failing shall thereafter, in determining its final and ultimate liability to the other, be bound by the judgment rendered in such cause as fixing the amount of the initial liability and loss of the party sued; but in the event of assertion of or suit upon any such claim or demand against either of them, nothing herein contained shall prevent the Railroad Company and the City from entering into such agreements as they deem proper touching upon the de- fense of the suit and the extent to which participation or non- partici- pation by either of them in such suit or in its defense shall prejudice or shall not prejudice their respective rights against each other as hereinabove provided, It is expressly agreed between the Railroad Company and the City that none of the foregoing agreements between them are for the use or benefit of any one except themselves, and are not for the benefit of and shall not give rise to a cause of action on behalf of any third party, 2. As its contribution to the building of the above mentioned Jbridge project on U. S. Highway 181 in the City of Corpus Christi, the State agrees to prepare or provide plans and specifications, and super- vise construction thereof and to pay all of the cost of the actual con- struction of said above mentioned bridge project, 3. It is understood and agreed by and 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 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 bridge project hereinabove named, and the State in the construction of the above named bridge project does so at the special instance and.re- quest of the City and that the plans and specifications showing and describing among other things the grades and alignment for said project, copies of which are attached hereto and made a part hereof, are hereby approved by the City and in so �onstructina said bridge project, the State Highway Department of the State of Texas acts as the agent of the City in the construction thereof, 4, The Railroad Company hereby grants to the City, license and permission for the installation, construction, existence, use and maintenance of the aforesaid bridge project across its property and over its tracks, Indemnification (high level bridge) Revised 8 -9 -55 3, IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. TEXAS AND NEW ORLEANS THE STATE OF TEXAS: 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 - way Commission: ATTEST: Secretary for Railroad Company RECOMMENDED: General Manager for Railroad Company Chief Engineer for Railroad Company APPROVED AS TO FORM.: Attorneys for Railroad Company Indemnification (high level bridge) 4 By: Administrative Engineer RECOMMENDED FOR APPROVAL: Bridge Engineer APPROVED AS TO FORM: Assistant Attorney General CITY OF CORPUS CHRISTI, TEXAS By: City Manager Secretary for City Corpus Christi, Texas 1955 TO THE, MEMBERS OF THE CITY COUNCIL Corpus. Christiy.Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative uecessity 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, 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, OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B, E, Bigler Manuel P. Maldonado The above ordinance was passed by the following vote: Farrell D. Smith Minor Cull! W, J. Roberts B, E. Bigler Manuel P. Maldonado � )9O L [CAL 6?TV AANAFAER AND COUNCIL !. H. SINGER, CITY ATTORNEY NOVEMOER 16. 1955 i+ e, AGRELNEMT AtTWEEH THE CITY OF CORPUS CHRISTI AND THE 'STATE OF TEXAS AND NEW NtLEAMS RAILROAD COMPANY IN V14W OF THE CHANGES MADE Ik THE FORM OF A CONTRACT WHICH IS THE SUIIJECT Of AN OPIMIRN DATED NOVEMBER 4.. 1955, FROM THIS OFFICE; SAID :iPfiN ION IS SUPPLEMENTED AS FOLLOW$; 1. !HE- CONTRACT HAS FEEN 50 AMENDED AS TO WRITE INTO IT THE IMPLI- CATIONS OF LAW WHICH OU6HT TO UK BORME IN MIN* BY THE PARTIES 70 INA EFFECT THAT THE CITY HAS CERTAIN EXEMPTIONS FROM LIABILITY FOR NEGLIGENT ACTIONS WHEN ENGAGED IN THE DISCHAROE OF A GOVERNMENTAL FUNCTIOM. AND THAI IT CAN - MOT CONTRACT A WAY SUCH E.XEMPTEONS FROM LIABILITY. d. THE F EATURE OF THE CONTRACT WHICH MAKES THE CITY IN EFFECT A PARTNER WITH THE RAILROADS IN A DEFENSE OF ACTIONS INVOLVING NEGLIGENCE ON TOE: PART OF SOTH THE CITY AND T6C RAILROAD IF NOT, AS A PRACTICAL MATTER, A GOOD POSITION FUR THE CITY allT WHETHER OR NOT THE CITY ENTERS INTO SUCH AGREEMENT I5 A MATTER bF POLICY TO UE PASSED ON BY THE COUNCIL AND, THERE- FORE, NOT CR /TICIEEO Ak .401' RE1140 IN .LEGAL FORM. 3. AS HERETOFORE POINTED OUT AT THE TIME OF THE INITIATION OF THE PROJECT NO MENTION WAS HAVE TO THE EFFECT THAT THE C)TV WOULD BE COMPELLED TO ENTER INTO ANY INDEMNIFICATION AGREEMENTS AND THE PRESENT APPARENT ATTI- TUDE.wF THOSE CJNNFCTED WITH THE FROJECT TO THE EFFECT THAT THE CITY OUGHT TO EXECUTE WHATEVER AGREEMENT 09 LAVED ON TNE TAPLE WITHOUT REGARD TO ITS LE AL e,F'FECI OR POTENTIAL CONSEQUENCES IN DOLLARS AND CENTS, WHICH THE EXECU- 713N OF' SUCH CONTRACT WILL MEAN TO THE CITY SIMPLY."AUS£ THE EXECUTION OF SUCH AG'RBEMENT IS NOW MADE A CONDITION TO PR0611E5$ 14 THE CONSTRUCTION 19 NOT A PROPER ATTITUDE TO DE TAKEN WHEN TRUSTEES OF PUBLIC AFFAiRS.SUGH AS THE: MEMBERS OF THE Cillr COUNCiL.HAVE TO CONSIDER THE MATTER. TNE OFFICERS <3F THE CITY SHOULD :E SHOWN DUE RESPECT FOR THEIR SINCERE EFFORT TO DECLINE TO SAVOLE UPON THE COMNUMITY A FUTURE LIABILITY WHICH MAV EXCEED THE COST 4 >1` TMsE PROJECT AND THE CoiJHC.IL SHOULD OF GpoE ^.SUFFICIENT OPPORTUNITY TO SUG6E57 " CHANGES AND REVISIONS OF SUCH AN AGREEMENT RATHER THAN TO BE COM- PELLER SY THE NLCLS511Y FOR SPEED AND CONSTRUCTION TO EXECUTL AN IIISTRUI.IENT WHICH THE COUNCIL HITMBERS DO MOT FEEL.IN GOOD CONSCIENCE,i5 TO THE NEST INTEREST- OF THE PUBLIC. WHAT ASSURANCE DOES THE COUNCIL HAVE THAT SOME OTHER AND MORE BURDENSOME AGREEMENT MAY YET BE THRUST UPON THE COUNCIL AS A FURTHER CONDITION TO PROGRESS IN CONSTRUCTIONT 4. TNE. CONTRACT. AS MODIFIED. STILL CONTAINS THE OBJECTIONAL FEATURE THAT IT TAXES TOO MUCH LANGUAGE TO ACCOIMLISH THE SOLE PURPOSE WHICH COULD NE CONSIDERED AS BEING LEGAL AND WITHIN THE POWER OF THE CITY TO EXECUTE.Ik THAT SUCH PURPOSE OF THE CITY ASSUMING RESPONSIBILITY FOR ALL CLAIMS POP OAMAOE5 FOR WHICH THE CITY I'a LEGALLY LIABLE. WHICH AMOUNT TO COMPENSATION FOR THE TAKING GF PRIIPERTY. COULD OC ACCOMPLISMEB IN A FEW'' WORDS TO THE EtFECT THAT THE CITY AGREES 11 INDEN%IFY INC PARTiES FOR ALL CLAIMS fOR DAMA «CS AS5EIFTCi€ WHICH AIMIUMT TO CLAIMS FOR DAMAgtS FOR COMPENSATION FOR THE TAICINO OF PROPERTY. IF SUCH CLAIM ON DEMAND ANISES OUT Of. 15 tNCtDENT TO. ON IS IN ANY NAY COMM9CTXV i1ITN THE INSTALLATION. INC CONSTR"I TON. INC USX, INC ETTTSTENCE OR T10 MAINTENANCE OF SAID PN34ECT. % "GCPT FOR THE FEATURES Of SA#4 CONTRACT TNVOLViNS NEGLIGENCE ACTIONS. THE OPINION OF NOYXNDER 4. 1955 IS SUPFLENENTC0 OY THE FOREBOSNB STATEMENTS. RCSPCCTFULLY SUDNITTED. 1. ". stNfl£R CITY ATTORNEY 1 NS.TSEM C ctAL C t T+I 1IAMAE1tWd #4AtOR AN# L04W I L 1. 14. Ww"A* City IITTv*"Y NOYEtimCR � t P00 "SE3 iltilglois3fl API011 TR#tCC.NAY A$ikEm"i attvzcR THL CiYTy svAtc ARIL 1$ #LWIA0 (NIGH Lzve& 3,410(44, ) T« WS *%* CotN1 It IN grrtCT AN AQ*9K1IS1tt Of lot City THAT B T ALL i3a"Alttti *^0 CLAIM FOR PAXA&r& TO 40401N446p ARVtTiK6 08 OTHER PROPaNtYv IF 4NT THEitK -a$,R *R1t14w CUT 0, 1k!:t11Et1T TO, OR OR ANY VAT C*NftCtTtO WIT4 TM- i"STALLAV14", T448 confifRVCTION* Tot USE* OR 111C SXi4TrW9 00 THE 11AINT9- %AKCt OF Al+w P- 4!1ortTx- 3it"t, Ot A04VOUL0 AWY 0AJ& Sit tLY 1T Ttit tIVY A"a 111E CITY SMALL. ARV POC tIESCOT A".kgt TO ii"a oa"LCAS SAID RAI1rt10" Ca"#NT A" TN[ STAT'C of TtXAR AJA1€1St ANY A** A�.!- �J At", 0914A1401t Am* i.Auars or Atli" f1IR ACCOKfRY Of ANY AM ALA. 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OVAOitV Io Ntgo THAT THZ F.Oi3'Yi,OAP.NTIttilt8 faOITOAkT Ii YCOOtRVl TO THE CITT WITHOUT ARY OPPOAtVMiITY Tp it"otim wiTit gITME11 or TRC OTR[ii PANTics TIMN"a AS TO TUC AtEAASSO4ilA8LtRi3$ M ITS DAMS A" PINTIItR THAT OT OTHER i1IRTROOKU" A1.IICAOV EXUVYi:O 4ttTk Pit€ ATAtts TOE CITT it" ALQCAOV ASOICCO TO I1ISIEM #ry Ttlt STATE FOR ANY SVfi1t L4A1•WTTA AN* Iii A"11400 T149*9TO IT SHOYLO at 01011401E III Of" THAT TIIC "Alit tiiLL of ACT /o® AS Tot *AgxT 41' Tot t:tTT Sllt WILL W"q Ii3CCUSIV1E CONTWIL Me AHT110R4TT TO t"glt INTO Tim Itft- Il' *11cTimit COMVXACT AND Ery1FttfOU O TNt COt4SThgCTION. f4AN`t AAGUNCIOU Of" AOVAHERD To Tot LfftCT Too Tot t9RTWI11WTtOR Of 1RK STATE. N1$MWAT arvAnIftttt is in INC RAW" Of A 40ATVIIT TO in CITY Ot 6W%J1, CRRISTI Ilk 1*16 P1F 49CTN AND TRAY'HE tooTolsors" OF TMt COIIRTT i5 Likewitic A RtfT To Tkg city. Si1PR COWOCRATION SMOO&D PLAT NO PART IN Tog OCCISION 0i: Y" C1WkCI1, TO CXCCVTE 011 NOT TO CU 40U 'to#* G tTRACTt OVT IT £AM AC SAlO 114AT YOM tai Wtf.T RAF heni "TtAMiHtV }ROW TNC SCO(WRIKS TO Ot AN t1ePROltogRT 41414 €K IS RguatEIAL TO THE wobLt awr i vww AfWA Of 'rCKASi A00 THAT Tot WGWAV Dt VARTMCST CRTtAtAO 1RY0 TIM PICTURE AT AN CVrg* TO CM7114"It Tot RCCCSSARY V'~ TO TiiC 1:00. 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