HomeMy WebLinkAbout06347 ORD - 11/29/1961AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORI
CHRISTI, ANY AND ALL AGREEMENTS, CONTRACTS ANI
FORMS 11H I CH MAY BE REQU I RED BY THE STATE OF TI
ICH ARE
WEREAS, THE STATE OF TEXAS, ACTING THROUGH THE TEXAS HIGHWAY
DEPARTMENT, IS CONSTRUCTING HIGHWAY 286, RELOCATED, WITHIN THE CITY LIMITS
OF THE CITY OF CORPUS CHRISTI; AND
WHEREAS, SUCH CONSTRUCTION WILL RESULT IN A CONTROLLED ACCESS
HIGHWAY; AND
WHEREAS, THE CITY OF CORPUS CHRISTI WILL, ON OCCASION, BE
ENTITLED TO 50% REIMBURSEMENT BY THE STATE OF TEXAS UNDER THE AUTHORITY
OF SECTION 1, HOUSE BILL 620, ACTS OF THE 55TH LEGISLATURE, FOR THE "COST
OF RELOCATION" ON THE "REQUESTED RIGHT OF WAY "; AND
WHEREAS, THE TERM "REQUESTED RIGHT OF WAY" DOES NOT INCLUDE THE
COST OF RELOCATING UTILITIES IN SUCH "REQUESTED RIGHT OF WAY" WHEN THE
UTILITY IS LOCATED IN A "PUBLICLY OWNED RIGHT OF WAY "; AND
WHEREAS, THE TERM "PUBLICLY OWNED RIGHT OF WAY" INCLUDES EASEMENTS
WHICH HAVE BEEN DEDICATED TO THE PUBLIC TO BE USED FOR UTILITY LINES AS
WELL AS PUBLIC STREETS AND ALLEYS, AND WHERE THE UTILITY DEPARTMENT HAS
NO PROPERTY INTEREST IN THE LAND ON WHICH SUCH FACILITIES ARE PLACED; AND
WEREAS, THE TERM "COST OF RELOCATION" INCLUDES THE ENTIRE
AMOUNT PAID BY THE CITY OF CORPUS CHRISTI PROPERLY ATTRIBUTABLE TO SUCH
RELOCATION AFTER DEDUCTING THEREFROM ANY INCREASE IN THE VALUE OF THE NEW
FACILITY AND ANY SALVAGE VALUE DERIVED FROM THE OLD FACILITY:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
r
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SECTION 1. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE
ANY AND ALL AGREEMENTS, CONTRACTS AND/OR FORMS WHICH MAY BE REQUIRED BY
THE STATE OF TEXAS THROUGH THE TEXAS HIGHWAY DEPARTMENT FOR THE REIMBURSE-
MENT TO THE CITY OF 50% OF ALL COSTS, AND WHEN THERE WILL BE NO REIMBURSE-
MENT TO THE CITY OF 50p OF ALL COSTS, FOR THE RELOCATING, CHANGING, RE-
ARRANGING, REPAIRING AND CONSTRUCTION OR REMOVAL OF UTILITY FACILITIES
OWNED BY THE CITY OF CORPUS CHRISTI, WHICH ARE NECESSITATED BY THE CON-
STRUCTION OF HIGHWAY 266, RELOCATED, BY THE STATE OF TEXAS, AMID THERE IS
HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF RESPECTIVE UTILITY CONSTRUC-
TION, MAINTENANCE AND OPERATION FUNDS THE AMOUNTS NEEDED FOR EACH OF THE
RESPECTIVE PROJECTS AS MAY BE APPROVED BY MOTION OF THE CITY COUNCIL.
SECTION 2. THE IMMEDIATE RELOCATION OF UTILITY FACILITIES WILL
REDUCE THE ULTIMATE COST OF SUCH RELOCATION DUE TO THE FACT THAT IT MAY
BE ACCOMPLISHED BEFORE ACTUAL CONSTRUCTION OF THE HIGHWAY BEGINS AND THE
RESULTING NEED FOR EXPEDITIOUS ACTION 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
THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH
CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON
THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FLR /,S1}NAND AFTER ITS PAS A.GE, IT IS ACCORDINGLY PASSED AND APPROVED,
Till S ® ti ! DAY OF // a-,-, , 1961.
ATTESTj� J THE CITY OF CORPUS CHRISTI, EXAS
CITY-SECRETARY
APTVf AS TO LEGAL Fj� 7 THIS `
NN DAY OF ! :mss , 1961.
CITY A TORN Y
)p A
A
CORPUS CHRISTI, TEXAS
DAY OF 190
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,
MAY
THE CITY OF CORPUS 76"T IJEXAS
THE CHARTER RULE WAS SUSPENDED 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. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN F. McDoreaLD _ � Q_
TOM R. SWANTNER �T
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADG CZ-7 P
W. J. RDBERTS !®
JAMES H. YOUNG 41�jR