Ordinance No. 1,561ORDINANCE NO.1561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF
BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY FOR THE CLEANING OF DRAINAGE DITCHES AND
INSTALLATION OF CULVERT PIPE ALONG SOUTHERN PACIFIC RIGHT OF WAY
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the Cityof Baytown,Texas,hereby
authorizes and directs the Mayor and City Clerk of the City of Baytown to execute
and attest to a contractwith Southern Pacific Transportation Company for the
cleaning of drainage ditches and installation of culvert pipe along Southern
Pacific right of way.A copy of said contract is marked Exhibit "A",attached
hereto,and made a part hereof for all intents andpurposes.
Section 2:This ordinance shall take effect from and after its passage by
the City Council of theCity of Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
of the City of Baytown this 14th day of March ,1974.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
LoaIiL&o s.
NEEL RiqWARDSONTCity Attorney
EXHIBIT "A"AH
TBA-19.99-P '
THIS AGREEMENT,made andentered into by and between the SOUTHERNPACIFIC
TRANSPORTATION COMPANY,hereinafter styled "Railroad",and the CITY OF BAYTOWN,TEXAS,
hereinafter styled "City";to be addressed P.0.Box
RECITALS:The City has undertaken the project of improving drainage conditions
in the vicinity of Railroad's Baytown Branch track at Baytown,Texas,between Mile Post
19.99 and Mile Post 21.63.The City plans to Install and maintain two 12-gage coated
and paved corrugated iron drain pipes 36-inch by 50-foot in sizeat Mile Post20.61 and
Mile Post 20.91,respectively,to construct and maintain drainage ditch upon Railroad's
East and West property lines and has requested that Railroad grant City permission to
enter upon Railroad's property and perform the necessary Improvements in the location
described and shown on Division Engineer's Drawing No.74-2029,attached hereto and made
a part hereof,and
WHEREAS,the Railroad is willing to cooperate with the City;
NOW,THEREFORE,in consideration of the mutual covenants,agreements-and bene
fits to both parties,itis agreed as follows:
ARTICLE I.
Railroad hereby grants the City the right,privilege and permission to enter
upon its property at said location and at City's sole cost and expense,install,con
struct and maintain the said drainage pipes and drainage ditches in the location shown
on attached print.
ARTICLE II.
City will bear all cost of moving wire lines,fences,signs or other Improve
ments necessary for the constructionof said ditchand will evenly grade any material
wasted on Railroad's property.All work on Railroad's property shallbe performed to
the complete satisfaction of Railroad's Division Engineer and in conformance with Rail
road'sspecifications.
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ARTICLE III.
Railroad reserves to itself,its successors and assigns the right to maintain
and operate its existing track and appurtenancestogether with the right to construct,
maintain and operate an additional track or tracks and appurtenances over,upon and
across the herein described drainage ditches.
ARTICLE IV.
City agrees to protect,defend and save harmless Railroad from and against any
and all claims,demands,suits andactions for loss,damages,costs and expenses that
may be asserted against Railroad as the result in any manner of the construction,main
tenance,use,or presence ofsaid drainage pipes and ditches.
r
ARTICLE V.
(a)The engineers,contractors and employees of the City shall respect and
maintain all track clearances as required by law or by Railroad's rules and regulations,
and the City agrees that It will use every means to require its employees,officers,
agents,and allpersonson said premises with City's consent expressed or implied to keep
away from the locomotives and cars of Railroad,operated upon its tracks,and to avoid
personal Injuries to or injuries resulting In death of anysuch person.
(b)No work on Railroad premises shall be commenced by any contractor for City
sh com
Ing such work.
until such contractor has entered into Railroad's standard Contractor's Agreement cover-
ARTICLE VI.
The City assumes the entire responsibility forthe work herein described upon
and across Railroad's property at the location herein described and nothing contained
herein shall ever be construed to place upon Railroad anymanner of liability for diver
sionof water from its natural course or for injury to or death of persons,or damage to
or loss of property arising from or in any manner connected with the work to be performed
by the City on the property of the Railroad atthe locationherein described.
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ARTICLE VII.
The permission herein granted is made subject to allrights easements and pri
vileges which have heretofore been granted to other parties and In particularthat certain
agreement dated June 21,1962,bearing Railroad's Audit No.138048,by and between Rail
road and Houston Lighting and Power Company,allowingan electric distributionpole line
to be constructed and maintained upon Railroad's East property line.'
IN WITNESS WHEREOF,the partieshereto have caused these presents to be executed
in duplicate on this the day of ,A,D.1974.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
By:
Its:Assistant General Manager
ATTEST:
City Secretary
CITYOF BAYTOWN,TEXAS
By:
Its:Mayor
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