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Home My WebLink About06256 ORD - 08/23/1961JKH:8 -18 -61 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BE LF F HE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH H & H CONCRETE CONSTRUCTION COMPANY CON- TRACTORS, FOR THE CONSTRUCTION OF THE HORNE ROAD BRIDGE OVER AIRPORT DITCH, INCLUDING DETOUR; APPROPRIATING WT OF NO. 295 STORM SEWER BOND FUND TFr SUM OF 3 .00 OF WHICH AMOUNT $23,588.00 IS FOR THE CONSTRUCTION CON- TRACT AND $187.00 IS FOR LABORATORY TESTING AND LEGAL AD- VERTISING FOR BIDS, ALL APPLICABLE TO PROJECT NO. 295- 61- 6.2 -1, WHICH IS A PART OF THE AIRPORT DITCH, UNIT II PROJECT; AND DECLARING AN EMERGENCY. - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH H & H CONCRETE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE HORNE ROAD BRIDGE AT HORNE ROAD AT THE AIRPORT DRAINAGE DITCH, SAID CONSTRUCTION TO CONSIST OF A STORM DRAINAGE IMPROVEMENT CONSISTING OF CHANNEL EXCAVATIONS, CHANNEL LINING, REINFORCED CONCRETE BRIDGE AND APPURTENANCES, ALL AS MORE FULLY SET OUT IN THE PLANS AND SPECIFICATIONS AND THE CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY SECRETARY, ALL OF WHICH ARE MADE A PART HEREOF BY REFERENCE, AND ACCORDING TO THE BID OF H & H CONSTRUCTION COMPAN�,'LgPENED ON THE 16TH DAY OF AUGUST, 1961, THE SAID BID OF H & H CONCRETE CONSTRUCTION COMPANY BEING THE LOWEST AND MOST ADVANTAGE009 TO THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 2. THERE IS HEREBY APPROPRIATED FROM N0. 295 STORM SEWER BOND FUND THE SUM OF $23,775,00 OF WHICH AMOUNT $23,5.00 IS FOR THE CONSTRUCTION CONTRACT AND $187.00 IS FOR LABORATORY TESTING AND LEGAL AD- VERTISING FOR BIDS, ALL APPLICABLE TO PROJECT N0. 295- 61- 6.2 -1, WHICH IS A PART OF THE AIRPORT DITCH, UNIT II PROJECT. SECTION 3. THE NECESSITY TO CONSTRUCT AFORESAID BRIDGE TO REPLACE OLD ONE,WASHED OUT BY RAINS, AND TO PROVIDE THROUGH TRAFFIC ON HORNE ROAD 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 AND 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 EXISTS HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS A33AG E� IT 13 ACCORDINGLY PASSED AND APPROVED THIS THE ppy OF 1967_ ATTEST: _ APPROVED AS _ Ar DAY OF BB88 -2S -6O 17 .August 1961 CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT` AGREEMENTe OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT of No, 295 storm Sewer, - Project 295-61-6.2-1 V-3,775.00 FUND FROM WHICH IT IS PROPOSED TO DE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE, 1 D R ACTOR OF INANC. Jalaes H. YOUNG - - -� — B80 -25 -60 17 Augast 1961 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT. AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0, 295 Storm Sewer, - Project 295- 61 -6.2 -1 $223,775. 0 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE, .'U D*RkfCTOR OF FINANCE -1 =v CORPUS CHRIST[, TEXAS DAY DF 21.'y 19L( 7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION -OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL$ 1', 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, MA OR THE CITY OF CORPUS CHR 1 TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD% On R. DELEDN Y` M. P. MALDONADO 1' W. J. ROBERTS ✓ JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEDN M. P. MALDONADO W. J. ROBERTS JAMES H. YoumG _NC:JKH:0 -21 -61 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRIST TEXAS TO CONDEMN FEE TITLE TO CERTAIN LOTS, TRACTS AND OR PARCELS OF D uRTY-,- TEXAS, AND DESCRIB D H IN, S D CO{VD N TION BEING FOR PUBLIC STREET PURPOSES AS A PART OF CROSSTOWN EXPRESS- WAY H G OC , WITHIN THE CORPORATE LIMITS OF THE CITY OF CORP C STI; DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO INSTITUTE ALL PROCEEDINGS NECES- SARY TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS, CERTAIN LANDS, WHICH ARE MORE FULLY DESCRIBED HEREIN, TO BE USED AS RIGHT OF WAY FOR THE CONSTRUCTION OF CROSSTOWN EXPRESSWAY, KNOWN AS HIGHWAY 286 RELOCATED, WHICH PROJECT IS A PART OF THE STREET IMPROVEMENT PROGRAM OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY DEPARTMENT, AND THE CITY OF CORPUS CHRISTI HAVE ENTERED INTO A CONTRACTUAL AGREEMENT FOR THE ACQUISITION OF SAID PROPERTY AND FOR THE CONSTRUCTION OF SAID CROSSTOWN EXPRESSWAY, SAID CONTRACT PROVIDING THAT THE CITY OF CORPUS CHRISTI SHALL ACQUIRE THE HEREIN DESCRIBED PROPERTY FOR RIGHT OF WAY PURPOSES, BY PURCHASE OR BY EMINENT DOMAIN, AND SAID CONTRACT GIVING THE CITY OF CORPUS CHRISTI THE POWER TO ACT AS THE AGENT FOR THE STATE OF TEXAS AND TO REPRESENT THE STATE OF TEXAS IN ANY SUCH EMINENT DOMAIN PROCEEDINGS; AND WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS HIGHWAY 286 RELOCATED, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO CERTAIN LOTS, TRACTS AND PARCELS OF LAND LOCATED WITHIN THE RIGHT OF WAY LIMITS ESTABLISHED BY THE STATE HIGHWAY DEPARTMENT FOR ROAD RIGHT OF WAY FOR THE SAID PROJECT; AND WHEREAS, IT IS SOMETIMES NECESSARY FOR THE CITY OF CORPUS CHRISTI TO UTILIZE ITS POWER OF EMINENT DOMAIN FOR THE ACQUISITION OF SAID PROPERTY WHEN IT IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE PROPERTY OWNER OR OWNERS OF SAID PROPERTY AS TO THE PRICE AND VALUE OF THE SAID LAND AND THE IMPROVEMENTS THEREON: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IN ACCORDANCE WITH THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DOES HEREBY 6267 ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE INSTITUTED FOR PUBLIC STREET PURPOSES TO ACQUIRE RIGHT OF WAY WHICH IS NECESSARY FOR THE CONSTRUCTION OF THE CROSSTOWN EXPRESSWAYS HIGHWAY `CSC RELOCATED, TO CONDEMN THE FEE SIMPLE TITLE TO THOSE CERTAIN LOTS, TRACTS OR PARCELS OF LAND, AND THE IMPROVEMENTS THEREON, SAID LOTS, TRACTS OR PARCELS OF LAND BEING LOCATED WITHIN THE RIGHT OF WAY LINES ESTABLISHED BY THE STATE HIGH- WAY DEPARTMENT FOR THE SAID CROSSTOWN EXPRESSWAY, HIGHWAY 286 RELOCATED) AS SHOWN BY EXHIBIT "A ", ATTACHED HERETO AND INCORPORATED HEREIN, AND ALL BEING SITUATED IN NUECES COUNTY, TEXAS, UPON THE WRITTEN CERTIFICATION BY .THE DEPARTMENT OF PUBLIC WORKS TO THE CITY MANAGER THAT SAID DEPARTMENT OF PUBLIC WORKS HAS MADE A REASONABLE OFFER TO THE PROPERTY OWNER OF THE SAID LOTS TRACT OR PARCEL OF LAND INVOLVED AND THAT AFTER THE PASSAGE OF A REASONABLE LENGTH OF TIME SAID PROPERTY OWNER HAS FAILED TO ACCEPT THE OFFER OF THE CITY OF CORPUS CHRISTI AND, THEREFORE, THE CITY AND THE SAID OWNER ARE UNABLE TO ARRIVE AT AN AGREEMENT AS TO THE PRICE AND VALUE OF THE SAID LAND AND THE IMPROVEMENTS THEREON. SECTION 2. UPON RECEIPT OF THE AFORESAID CERTIFICATION BY THE DEPARTMENT OF PUBLIC WORKS, THE CITY MANAGER IS HEREBY DIRECTED TO NOTIFY THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI, AND THE SAID CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED) UPON RECEIPT OF SAID NOTIFICATION TO INSTITUTE SAID PROCEEDINGS AGAINST THE SAID PROPERTY AND THE IMPROVEMENTS THEREON AND AGAINST ALL OF THE PERSONS WHO MIGHT HAVE AN INTEREST THEREIN AND TO PROCEED WITH SAID CONDEMNATION SUIT OR SUITS TO ITS OR THEIR CONCLUSION AND TO OBTAIN POSSESSION AND TITLE TO THE SAID PROPERTY FOR A ROAD RIGHT OF WAY SO THAT SAID CROSSTOWN EXPRESS- WAY, HIGHWAY 256 RELOCATED, AND THE STREET IMPROVEMENT PROGRAM OF THE CITY OF CORPUS CHRISTI MAY BE FURTHERED. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN POSSESSION AND TITLE FOR ROAD RIGHT OF WAY PURPOSES TO THE ABOVE DESCRIBED REAL PROPERTY 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS -2- OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSA IT IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF , ig6i. ATTEST: MAYO THE CITY OF CORPUS CHRISTI, TEXAS CITY ECRETARY / APO D AS TO L FORM 1961: 0/ DAY OF CITY ATTORNEY cam,, I I . CORPUS CHRISTI TEXAS G A.Y DAY OF i9-1,,, TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS i I FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE - o- GOING 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; 1', THEREFOREg HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCEOV OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHR VIsTEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALO TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI O VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEoN M. P. MALDONADO W. J. RDBERTs JAMES H. YOUNG 47