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
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f1IR ACCOKfRY Of ANY AM ALA. "CM OAMAOCS. . . .ARO AGREES TO AWOKE TUC:
a3t 00C Of MY AWO ALL *VITR. « . .4440 t3ilti.L IS1Tr4Wt*t AN* MARL, ITSEV A
PARTY TACAtI1; IN IT* "* #i1HL* . « .ANO IWAI.LA I/ *40"'ST90 IM WRITIIIB 8T
THE 0AILRO M ;WPMY €)A TRc STjOrV or T[!6A#4 so TG *Or MitOL;.T ACL1XVZ SAJI
NAILRaAO cam#*R'i Akt1 vitc STAtt 9f TtKAA PROW 1MC/!C0001*4 TIk. RANCS ANO "PICRY
AQRZES TO HOLD 0400 *A4LIOAIt C41ti1P,AfRYy t"t STATC 41' 'rt.`IA91AX0 ' ACR Or THF44A
MAJOILCOO AS 16 },*OtRT teal$# ATTOW 01k fEEa AND ALL expeftSGs IN CONNECTION
vivo Auto "ITOF AVt3 aiCN 4y A931 Aloft AKA Alfnctr$ TO PAk .LLL .it308i4 UTO XtOwERCO
A"t"07 $At& 4AILROA& COWANT !1444 /44 YOM -TATC 9W TCXAO OV atASON Or Tot:
t"t aEL041D PAtm*&PK G* TKIS oncit`4Rt or THr CONTRA" 10 TO T3IE
C."V' T TRAY IN THE €VtNT AN AtTIOM ARSIict WHICH 18 TRL RCSW.T OP iOM6 IIEOLt.
*Cot AST OR 60 08416" I1N TIDE t*At1T or ROTit 'flit c1TV k4o Tot RAILROAD Cw*Aw
THAT SACK 40actS TO IKOC4Pory THE OTHER AS TO 01W.HAIf Of ANT Ricoven "AGE
AAA11010T TV" an C1T11th or tki3.Ft.
P. OVAOitV Io Ntgo THAT THZ F.Oi3'Yi,OAP.NTIttilt8 faOITOAkT Ii YCOOtRVl
TO THE CITT WITHOUT ARY OPPOAtVMiITY Tp it"otim wiTit gITME11 or TRC OTR[ii
PANTics TIMN"a AS TO TUC AtEAASSO4ilA8LtRi3$ 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.
STRIICTSiiM i1F Tit& PSOJECT At A PART OF Twit STATE 01641VAT $TSTgIO TO gC ftwebA
MAIRTAINM AND CONTW4hLCs av TUC SPATC MO WAY i1CPAOT01i07P Aka THAT Tits CVMTT
OtOily" ITS PMVt1tV43 gM AT LEAST Ty£ LAWOtsT PART Of ITP fRON THE 0400tRTY
WATS0 WITHIN Tot CITY Of C- Ei/1P138 Clf#W, AND THAT TMC PPWCCT 19 ROCATCO
CITY MANAWk, MAVON A%0 C010WAL -19- #OVEMOCR 40 IZ5
V4111111 T" CP94TY or 144z44 "* I-,- i7qopgjt4v A PART Of T"T, OVAO SYSTEM ff
ollOC494 COUNTY wti JVAT "Appritto To ;4L altva, wto A rvw wmojtgv reel amotat rot
CITY Llom ew -rot CITY or coit"S 170014ft, IT- No"T ALSO 3& %O0%t IN MIND
Now Issiot or, via town witirk F"VMO TMt r"Jos rolt Tote powety
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Is Tot of , FK e�utc'y Td: ruLOW" by Tok, AT 1*16
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?"At it $00"D, 'JLO)WAY A0*UHE WoAltVita AND ruvvot Ll"Mtvy
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TOACI P*Jt ToltICIMFIT Or Toot OAIUROOM.
3* AS " Tw REASON WW THE STATE 6"OULO fxOjooT
UPOk Tot &XICIWTION by Tot ',:kly Of ARV0090 Of AS tMOOMM ASSEOWNT rO* Tot
Aci,ov or Awt volvikyt cospeltA, , rJOR ( #9 VWS INSTANCt THE RAIL*040) FAtks
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