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Home My WebLink About15406 ORD - 03/12/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY FOR THE USE OF THE UNDERTRACK UNLOADING FACILITY AT THE MISSOURI PACIFIC RAILROAD YARD AT SAM RANKIN AND BROADWAY, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY -OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING PAYMENT OF A MAINTENANCE FEE OF $100 PER YEAR TO THE MISSOURI. PACIFIC RAILROAD COMPANY; AND DECLARING AN EMERGENCY. 'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an'agreement with the Missouri Pacific Railroad Company for the use of the undertrack unload- ing facility at the Missouri Pacific Railroad yard at Sam Rankin and Broadway, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A SECTION 2. That a maintenance fee of $100 per year be authorized to be paid to the Missouri Pacific Railroad Company. SECTION 3. The necessity to authorize the aforesaid agreement at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction 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 itsintroduction and take effect and be in full -force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 'Z day of March,. 1980. ATTEST: APPaOVED: 2/ DAY OF MARCH, 1980 J. BRUCE AYCOCK, CITY ATTORNEY 15406 R a/ THE S TY OF CORPUS CHRISTI, TEXAS erpromin .AUG JSW' 233-178 INDUSTRIAL TRACK AGREEMENT FORM 20037 2/69 THIS AGREEMENT, executed in duplicate January 16 , 19 80 , WITNESSETH: The undersigned Shipper ( a Municipal Corporation ) to be addressed atP. 0. Box 9277, Corpus Christ, Oadfridaal, copartners ei coo. 8.7 state where iretortroodarD Texas 78408 ,shall be served by a 325 -foot intermediate section certain existing track, 110. 28 and appurtenances, herein called Switch. Switch is located at Muni% Corpus Christi , Nueeea &race) (county or garish) Texas (state) attached print, map number 55-41' . , dated at Houston (gmee> , approximately where shown by heavy blue line, on the undersigned Carrier's , Texas , September 20 (fie) (month) (day) 19 79 . "Switch" also means, except as respects cost, ownership and maintenance, any addition to or extension of Switch. 1. Shipper shad secure in Carrier's name right of way for Carrier's sections of Switch not on Carrier's premises and, if required, right in any highway for any of Switch. T. f'.. C.f-G. j�e.•�. [:�:'1;::/'.:.Y.}',7;)•�,.:.;��.f:)e. �:�,:.;1:5 �C::.:. tip 7;,o J.l,y`f. ,: )'�; 7: :: T. D'l;f:r ,'O c„� :.i r::. t. C.:.:...Y,:,i,•.Y:, i:1, 2. Carrier may use Switch when not unnecessarily detrimental to Shipper. Remainder of Switch on right of way, except any planking or paving, shall be maintained by Carrier for Shipper, and Shipper shall pay therefor, annually in advance, an amount computed, annually at $0.30 for each foot of track in said remainder of Switch on right of way. atitoitgag Shipper, at Shipper's cost, shall provide anything required by law for protection or benefit of owners of land adjacent to Switch. Shipper, at Shipper's cost, shall adjust Switch to any additional tracks installed by or for Shipper or by reason of changes desired by Shipper for the benefit or convenience of Shipper. If any adjustment of Switch is made necessary by public improvement work required by governmental authority Shipper shall bear the cost of adjusting that section of Switch the maintenance of which is assumed by Shipper. Carrier on Shipper's written request may, as agent of Shipper, furnish or do anything required of Shipper hereunder, and Shipper on request shall deposit with Carrier in advance estimated cost thereof. If any deposit under this agreement be less than Carrier's cost, Shipper shall pay difference; if more, Carrier shall repay difference. Shipper shall pay Carrier's customary charges for labor, materials, equipment and supplies, and for handling, accounting and supervision. ;r. o. a.a�a � t�.�,,�;r_a��. a�:7.<:er„ci:.��,t:c:aea.r;a;,:�:�,..;��.:,:�,a is.�.:ra.t.: �� o ::a.a:►.a'��, 3. Shipper shall not erect or maintain, or allow to be erected or maintained, any building, structure or fixture, or place or store, or allow to be placed or stored, material, equipment or obstruction of any kind, over or adjacent to Switch at distances less than those prescribed by competent public authority; and in no event shall any such building, structure, fixture, material, equipment or obstruction be erected, maintained, placed or stored at a height less than twenty-three feet above nearer rail, or at a distance less than eight and one-half feet from the center line, of Switch; provided: (i) the overhead minimum clearance of wires shall be in accordance with specifications of the current National Electrical Safety Code, and in no event less than twenty-seven feet above nearer rail of Switch, (ii) the horizontal minimum clearance with respect to curved tracks shall be increased one inch for each degree of curvature, and (ili) loading platform of car floor height may be constructed with a horizontal clearance which is not prohibited under clearance regulations established by competent public authority and which shall have the approval of Carrier's Chief Engineer. Shipper assumes full responsibility for, and shall defend, indemnify and save harmless the Carrier from and against, any and all liability, suits, claims, damages, costs (including attorneys' fees), losses, outlays and expenses in any manner caused by, arising out of or connected with the failure or refusal of Shipper to comply with, observe or perform any of the provisions of this Paragraph 3, notwithstanding any possible negligence (whether sole, concurrent or otherwise) on the part of Carrier, its agents or employes. Page 1 3. (a) Carrier grants to Shipper permission, at Shipper's sole cost and responsibility, .to install, maintain and operate on Carrier's right of way lands beneath Carrier's Track No. 28 adjacent to Premises an undertrack conveyor and place and use in said conveyor -an unloader. The said conveyor and unloader, herein called. "Unloading Facilities", shall be located approximately where shown in red color and designated "Uadertrack Unloading Device on Exhibit sA", and shall conform to appropriate cross-section sketch on exhibit. As a protection to Carrier's employes and others who may be in the vicinity of the Unloading Facilities, Shipper shall keep the conveyor thereof covered at all times, except when conveyor is being used, with a suitable cover having the approval of Carrier's Superin- tendent as to design and construction, which shall be provided by the Shipper at Shipper's expense. Shipper shall defend, indemnify and save harmless Carrier from and against any and all liability, judgments, outlays, expenses, including attorneys' fees and costs, aoever, consequent on injury to or death of persona, including among.others, the Shipper, Shipper's agents, servants and employes, es well as the agents, servants, and employes of Carrier, and loss or destruction of or damage to property of whatsoever kind and to whomsoever belonging, in any manner caused by or resulting from, or incident to, the construction, existence, main- tenance, use or operation of said facilities under or adjacent to said track, or the operation of engines, carsor trains upon or over said track and said facilitiea thereunder, o1 result- ing from or growing out of any failure of Shipper to comply with or perform any of the obligations, terms, conditions or provisions on Shipper's part to be complied with or per- formed hereunder, and whether any such injury to or death of persons or loss or destruction of or damage to property shall be caused or contributed to by the negligence of Carrier or otherwise. Not later than last day of term hereof Shipper shalt remove Unloading Facilities from, and restore any of Carrier's premises affected thereby to a condition satisfactory to Carrier. Any of such Unloading Facilities not so removed may, at Carrier's election, be deemed abandoned. It is understood that Shipper shall not be held in violation of the provisions of Section 3 hereof during such time as the conveyor comprised in Unloading Facilities shall be in use in unloading railroad cars on Carrier's Track No. 28. Page 2 FORM 200372/69 4. It is understood that movement of railroad locomotives involves some risk of fire and, unless solely caused by the negligence of Carrier, which Shipper shall have the burden of proving, Shipper assumes all responsibility for and agrees to indemnify Carrier against loss or damage to property of Shipper or to property upon Shipper's premises arising from fire caused by locomotives operated by Carrier on Switch, or in its vicinity, for purpose of serving Shipper or Shipper's tenant, if any, except to premises of Carrier and to rolling stock belonging to Carrier or to others and to shipments in course of transportation. Shipper also agrees to indemnify and hold harmless Carrier for Toss, damage or injury from any act or omission of Shipper, Shipper's employes or agents, to the person or property of the parties hereto and their employes and to the person or property of any other person or corporation, while on or about Switch: and, except as otherwise provided in this agreement, if any claim or liability shall arise from joint or concurring negligence of both parties hereto, it shall be borne by them equally. 5. Term hereof shall be concluded (a) by either party serving on the other party 30 days' written notice of such being the intention, (b) by Shipper failing for 20 days to cure any default after written notice thereof, or (c) at Carrier's election without notice by Shipper's non -user of Switch for six consecutive months. Any notice of Carrier shall be deemed served when deposited, postage prepaid, in U. S. mail addressed to Shipper as aforesaid. IDIMECIMIllbaill Switch shall belong to Carrier, who may remove same upon conclusion of this agreement. "Carrier's premises" includes any public highway within Carrier's right of way produced. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Shipper shall be transferred or assigned, either voluntarily or involuntarily, except by agreement acceptable to Carrier. Carrier or Shipper may waive any default of the other without affecting, or impairing any right arising from, any subsequent default. Knowledge of or notice to Carrier of any default by Shipper hereunder and Carrier's continued operation over Switch thereafter shall not be a waiver by Carrier of any such default or of any covenant. WITNESSES: ATTEST: (Affix Seal) Secretary WITNESSES: Page 2 MISSOURI PACIFIC RAILROAD COM?AflY By i7e 5 `.onager As Carder. first may herein. CIIT Oi?' CORPUS CERiSTI Bar } . As Shipper. second party herein. R. Marvin Townsend City Manager Corpus Christi, 1Z day of Texas 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 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, 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, E CI" OF CORPUS CHRISTI, TEXAS The Charter rule was suspendby the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15406