HomeMy WebLinkAbout06289 ORD - 09/27/1961IMS:4KH:9-26 -61
AN ORDINANCE
OBLIGATING THE CITY OF CORPUS CHRISTI TO
PROVIDE WITHOUT COST TO THE UNITED STATES
ALL RIGHTS NECESSARY TO CARRY OUT DISASTER
ASSISTANCE IN CORPUS CHRISTI, TEXAS, TO
ALLEVIATE SUFFERING AND DAMAGES RESULTING
FRO14 HURRICANE CARLA, INCLUDING RIGHTS OF
ACCESS AND DISPOSAL AREAS AND TO HOLD AND
SAVE THE UNITED STATES FREE FROM DAMAGES DUE
TO SUCH ASSISTANCE; AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE SUCH INSTRUMENTS,
INCLUDING THE AGREEMENT, A COPY OF WHICH IS
ATTACHED-HERETO AND MADE A PART HEREOF, AND
TOTM SUCH OTHER ACTION AS IS NECESSARY TO
OBTAIN ASSISTANCE UNDER PUBLIC LAW NO. J;
AND DECLARING AN EMERGENCY.
WHEREAS, THE UNITED STATES ARMY, CORPS OF ENGINEERS, GALVESTON
DISTRICT, IS TO PROVIDE DISASTER ASSISTANCE IN CORPUS CHRISTI, TEXAS,
TO ALLEVIATE SUFFERING AND DAMAGES RESULTING FROM HURRICANE CARLA; AND
WHEREAS, THE CITY OF CORPUS CHRISTI WILL BE REQUIRED:
A. TO PROVIDE WITHOUT COST TO THE UNITED STATES ALL RIGHTS
NECESSARY TO CARRY OUT SUCH DISASTER ASSISTANCE INCLUDING
RIGHTS OF ACCESS AND DISPOSAL AREAS.
B. TO HOLD AND SAVEIRE UNITED STATES FREE FROM DAMAGES
DUE TO SUCH ASSISTANCE; AND
WHEREAS, BEFORE THE CORPS OF ENGINEERS CAN INITIATE SUCH
DISASTER ASSISTANCE THE CITY OF CORPUS CHRISTI WILL BECOME RESPONSIBLE
AND GIVE ASSURANCES THAT IT WILL CARRY OUT ITS OBLIGATIONS UNDER THE
PLAN FOR SUCH ASSISTANCE IN CORPUS CHRISTI, TEXAS, IF AND WHEN UNDER-
TAKEN:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT SAID CITY DOES HEREBY ASSUME THE RESPONSI-
BILITY AS ABOVE OUTLINED• AND THAT THE CITY OF CORPUS CHRISTI OBLIGATES
ITSELF TO DO AND PERFORM THE FOLLOWING:
A. TO PROVIDE WITHOUT COST TO THE UNITED STATES ALL
RIGHTS NECESSARY TO CARRY OUT SUCH DISASTER ASSISTANCE,
INCLUDING RIGHTS OF ACCESS AND DISPOSAL AREAS;
B. TO HOLD AND SAVE THE UNITED STATES FREE FROM DAMAGES
DUE TO SUCH ASSISTANCE.
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SECTION 2. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE SUCH INSTRU-
MENTS, INCLUDING THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, AND
MADE A PART HEREOF, AND TO TAKE SUCH OTHER ACTION AS IS NECESSARY TO
OBTAIN ASSISTANCE UNDER PUBLIC LAW NO. 8B .
SECTION 3. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE
AGREEMENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESO-
LUTION 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 EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER
RULE THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFT�R7 ITS PASSAGE, IT IS ACCORDINGLY PASSED AND AP-
PROVED, THIS THE �26TH DAY OF SEPTEMBER, 1961.
ATTES / 6
MAYOR
CITY SECRE AR THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM IS
26TH DAY OF SEPTEMBER, 1961:
CITY ATTIORNIEV
STATE OF TEXAS p
C
COURY OF VAUD KNGW ALL DEN BY THESE PRESENTS:
WHEREAS, the President of the United States, pursuant to Public lAw 875, 81st
Congress, as amended, has determined that disaster assistance by the United States
of America is warranted in corrm o lati, !ma to alleviate
suffering and damage resulting from Hurricane Carla; and
WHEREAS, the City QolWOU Of 4OX7M ftrIA1 , pursuant to said
Act, has requested the United States of America to provide the following disaster
assistance:
a. To perform protective and other work essential for the preservation of
life and property on public and private lands within sm City of
COXVA ftriati, imaw
b. To clear debris and wreckage from areas where necessary within
'EMI
007 of E WPA Cbriat N TINKaa
NOW THEREFORE, in consideration for the benefits to the City of SEE L& CLsiffu
%= which will result from the above stated disaster assistance, the
%V Of Cm#" Cbrlati hereby agrees to furnish and provide without
cost to the United States of America all rights necessary to carry out the above set
out operations, including all necessary rights of access and disposal areas for
debris and wreckage. The City of Corpse Ckdati, 'Tomas further agrees
to hold and save the United States of America free from damages for any claims based
upon the exercise or performance of, or the failure to exercise or perform, a dis-
cretionary function or duty Dn the part of the Corps of Engineers, U. S. Army, its
contractors, agents or employees.
�p�pyP.7[ECUTFD this � the Mb day of , 1961.
Ag ED AS SEPTE* FORM JHIS THE ATTEST: CITY OF CORPUS CHRISTI
1 BY
CITY SECRETARY HERBERT . WI41 TPIEY
Ct TY ATTORNEY CITY MANAGER
61
CORPUS CHRIST[
11 f7
DAY OF 9LI
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$ 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,
i
MAYOR
THE CITY OF CORPUS CHRISTIJEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEDN
M. P. MALDONADD
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE:
BEN F. McDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
Jose R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG