HomeMy WebLinkAbout06477 ORD - 04/04/1962JST:JKH:4 -4 -62
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
KffD_-Uff79EMLF OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE A CONTRACTUAL AGREEMENT WITH THE TEXAS
HIGHWAY DEPARTMENT AND SOUTHWWTERN BELL TELEPH
OF CORPUS CHRISTI BY THE STATE-HIGHWAY DEPARTMENT--Qf
50% OF SAID AMOUNT, ALL IN CONNECTION WITH THE RELOC
LEPHONE LINES CROSSING STATE
IGHdAY 286 AT TEXAS MEXICAN RAILROAD IN CONNECTION
WITH THE CONSTRUCTION OF THE CROSSTOWN EXPRESSIJAy
P�OJECT,IHIGHWAY 2 RELOCATED, ALL AS MORE FULLY
PY OF WHICH IS AT-
TACHED HERETO A D MADE A PAR HEREOF; APPROPRIATING
THE SUM OF $1, 3.29 OUT OF NO. 220 STREET NO DD
IMPROVEMENT FUNA, PROJECT NO. 22U-5b-2q, STAGE 1,
FOR--P YM Td SOUTHWESTERN BELL TELEPHONE COMPANY
AS AFORESAID; AND DECLARING AN EMERGENCY.
WHEREAS, ON THE 12TH DAY OF DECEMBER, 1958, THE CITY OF
CORPUS CHRISTI ENTERED INTO A CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PRO-
CUREMENT WITH THE TEXAS HIGHWAY DEPARTMENT FOR THE PROCUREMENT OF RIGHT
OF WAY FOR STATE HIGHWAY 286 RELOCATED BETWEEN INTERSTATE HIGHWAY 37
AND AGNES STREET AND BETWEEN AGNES STREET AND STATE HIGHWAY 358; AND
WHEREAS, BY ORDINANCE N0. 5178, PASSED AND APPROVED BY THE
CITY COUNCIL ON OCTOBER 8, 1958, THE CITY MANAGER OF THE CITY OF CORPUS
CHRISTI WAS AUTHORIZED AND DIRECTED TO ENTER INTO SAID CONTRACTUAL,
AGREEMENT; AND
WHEREAS, SAID CONTRACTUAL AGREEMENT PROVIDED THAT WHERE THE
HIGHWAY CONSTRUCTION OF SAID HIGHWAY 286 RELOCATED REQUIRED THE ADJUST-
MENT, REMOVAL OR RELOCATION OF UTILITY FACILITIES BELONGING TO PRIVATE
UTILITY COMPANIES THAT THE CITY OF CORPUS CHRISTI, THE STATE HIGHWAY
DEPARTMENT AND SAID UTILITY COMPANY WOULD ENTER INTO A THREE -PARTY CON-
TRACT PROVIDING FOR THE AMOUNT TO BE PAID TO SAID UTILITY COMPANY FOR
SAID ADJUSTMENT, REMOVAL OR RELOCATION AND PROVIDING THAT THE STATE HIGH-
WAY DEPARTMENT WOULD REIMBURSE THE CITY OF CORPUS CHRISTI AN AMOUNT
EQUAL TO 50% OF THE AMOUNT PAID TO THE SAID UTILITY COMPANY; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, THE STATE HIGHWAY DEPARTMENT
AND THE SOUTHWESTERN BELL TELEPHONE COMPANY HAVE ENTERED INTO AN AGREE-
MENT FOR THE RELOCATION'OF OVERHEAD LINES CROSSING SAID STATE HIGHWAY
286 AT TEXAS MEXICAN RAILROAD; AND
WHEREAS, THE AMOUNT TO BE PAID TO THE SOUTHWESTERN BELL
TELEPHONE COMPANY IS $1,883.29:
6477
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS
CHRISTI, TEXAS, FOR AND ON BEHALF OF THE CITY, BE, AND HE IS HEREBY,
AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACTUAL AGREEMENT WITH THE
STATE HIGHWAY DEPARTMENT AND THE SOUTHWESTERN BELL TELEPHONE COMPANY,
PROVIDING FOR THE PAYMENT TO.THE SOUTHWESTERN BELL TELEPHONE COMPANY
OF THE SUM OF $1,883.29, AND FURTHER PROVIDING FOR THE REIMBURSEMENT
OF THE CITY OF CORPUS CHRISTI BY THE STATE HIGHWAY DEPARTMENT OF 5G%
OF THE SAID AMOUNT.
SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 220
STREET BOND IMPROVEMENT FUND THE SUM OF $1,883.29 FOR PAYMENT TO
SOUTHWESTERN BELL TELEPHONE COMPANY AS HEREINABOVE DESCRIBED, IN
CONNECTION WITH PROJECT NO. 220- 56 -24, STAGE 11 CROSSTOWN EXPRESSWAY
PROJECT.
SECTION 3. THE NECESSITY FOR IMMEDIATE EXECUTION OF SAID
AGREEMENT 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 FROM AND AFTER ITS PJAASSA E, IT IS ACCORDINGLY PASSED AND APPROVED,
THIS THE DAY OF V� , , 1962.
ATTEST:. . O MAYOR �-
THE CITY OF CORPUS CHRIST TEXAS
CITY SECRETW /J
APPROVED ASYTO LEGAL FORM HIS
DAY OF APRIL, 1962:
CITY ATT R EY
Te ighway DepartmentT
Fo , -15 -43 -
Page 1 of 2
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(CITY FORM)
STATE OF TEXAS 0 COUNTY ,
0 PROJECT
COUNTY OF TRAVIS 0 HIGHWAY St= 2M
AGREEMENT NO.
(To Be Completed By The State)
This agreement entered into this day of , 19 ,
by and between the State of Texas, $q�ing,by,.and,�t�$ the Texas Highway Department,
hereinafter called the State, and 1i1Gy �C wcrluts , Texas, acting by �•
and through its duly authorized official under Ordinance dated a o
19 , hereinafter called the City, and
acting by and through its duly authorized representative,
hereinafter called the Owner.
WHEREAS, the State and City have previous to this date entered into a contract agreeing
to handle by separate contract the adjustment, removal or relocation of certain utility
facilities necessitated as'a result of highway improvements on the subject project on
the basis of a predetermined firm commitment for right of way reimbursement approved by
the State;
WHEREAS, the Owner, in an affidavit dated ftmbber,60 , 19 61 has
asserted an interest in certain lands and "that this proposed highway improvement will
necessitate the adjustment, removal or relocation of certain facilities of the Owner now
located upon such lands as indicated in the following statement df work:
nol=te 0whow 9AYdF3' 0:00nJMa stato, 2% at TG=a i�0= F7nllwnOtid r ETAS
93+33.
WHEREAS, the State and the City desire to accomplish the•adjustment,,removal or relocation
of the Owner's utility facilities by entering into an agreement with the Owner; °
NOW, THEREFORE, be it mutually agreed that this contract entered into this date between
the parties heret is me ed to implement and effectuar,� the terms and provisions of
that contract of � �+I- , 197_, entered into between the State
and the City, as it pertains to right of way utility adjustments and as it effects the
utility facilities of the Owner.
Upon execution of this agreement by the parties hereto the City will, by written notice,
authorize the Owner to proceed with the necessary adjustment, removal or relocation; and
the Owner agrees to prosecute such work diligently to completion in such manner as will
not result in avoidable interference or delay in either the State's highway construction
or in the said work..
The Owner will carry out said adjustments, removals or relocations in accordance with
the plans attached hereto, and the costs paid by the City pursuant to this contract
� - D -i5
Page 2 of 2
shall be full compensation to the Owner for the costs incurred in making such adjustments,
removals or relocations. Bills for work hereunder shall be submitted to the City not
later than ninety (90) days after completion of the work.
The City, subject to the acquisition of such rights or interests as may be deemed necessary
along or across the Owner's interest in land, agrees to pay the Owner and the Owner agrees
to accept a lump sum amount of S$�23."� as full reimbursement for work
covered by this contract, said reimbursement to be forthcoming in'such lump sum only after
receipt of a lump sum final billing in the foregoing amount accompanied by a certificate
tR the effect that such work has been fully accomplished. The State will reimburse the
PkkUy in an amount equal to 50 per cent of.the lump payment to the Owner upon receipt of
proper billing and certificate by the 6 1KXY that payment in this amount has been made to
the Owner.
It is expressly understood that this contract-is subject to cancellation by either the
State or the City at any time up to the date that work under this contract has been
authorized and that such cancellation will not create any liability on either the part
of the State or the City.
CITY OF 601W6 d6jod , TEXAS
BY:
CITY MGR. M49( ff
ATTEST:
CITY SECRETARY,
ATTEST:
�attOPiilyst�lrl>, Tr�tpphot� �
OWNER:
By: j.
Title: General Plant Manager
Date:
MAR 13 1962
APProved As To Form
Legal Dept.
South Texas Area
Attorney
Examined and Recommended for Approval:
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of activating
and /or carrying out the orders,
established policies, or work programs
heretofore approved and authorized by
.the State Highway Commission:
By:
Executed as State Highway Engineer
and approved for State Highway
Commission.
RECOMMENDED FOR APPROVAL
District Engineer
APPROVED AS_SO;,I-EGAL FORM THIS
;d am`- DAY F I;A&- -e-, -1962: Right of Way Engineer
A.St CIT ATTORNEY
SOUTHWESTERN BELL TELEPHONE COMPANY
I. G. E. McCloud, Assistant Secretary of Southwestern Bell
Telephone Company, a Missouri corporation, do hereby certify that at a duly
constituted regular meeting of the Board of Directors of said Company held
November 21, 1958, the following resolutions were adopted:
"RESOLVED, that the Schedule of Authorizations'dated
November 21, 1958, as submitted to this meeting, to be issued
by the President, effective December 1, 1958, be and it is
hereby approved, and
"FURTHER RESOLVED, that the President from time to time
without the further approval of this Board may modify or limit
the authority of any employee as set forth in the Schedule of
Authorizations . .... .............................."
I further certify that the following is a true and correct excerpt
from the Schedule of Authorizations issued by the President, effective on the
date hereof, as the same appears of record in Bey offices
"C. SPECIAL WORK PERFORMED ON OR IN CONNECTION
WITH COMPANY PLANT
4.12 CUSTOM WORK ORDERS
To authorize changes, rearrangements and
moves of Company telephone plant and
properties at the request of others and
restoration and repair of Company tele-
phone plant and properties damaged by
others, by issuance of custom work orders,
where the estimated expenditure:
a) Does not exceed $2,000 . . . . . . Dist.Eng.
b) Does not exceed $3,000 . . . . . . Div.Plt.Eng., Eqpt.
Eng.,Egpt.Mtce.Eng.,
P1t.Eng. Arkansas,
Spcl.Serv.Eng.
(c) Does not exceed $4,000 . . . . . . Div.Plt.Supt.,Bldg.
& Egpt.Eng.,Eng. of
B1dg.,Eng of Eqpt.
(d) Does not exceed $6,000 . . . . . . Gen.Plt.Mgr. and
Chf.Eng.
(e) Does not exceed $25,000 . . . . . GM, OP & GM
(f) Does not exceed $30,000 . . . . . VP — Texas
LL 7,CFp g) Does not exceed $50 000 . . . . . VP-0
(h)' Exceeds $50,000 . . . . . . . . . Pres."
c� ATTEST: <
to iP.r o1,!1 e n
/z. Secretary
St: Louie,'Missouri
July 28, 1961
4 -3 -62
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 TNf CITY OF CORPUS CHRISTI TO THE CREDIT OF
No._220,,PROJ•. -,N6. 220- 56 -24, CROSSTOWN EXPRESSWAY PRO*J,Fv" STAGE 1
#1,883.29 t
°T—
FUND FROM WHICH IT IS PROPOSED Tb BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED
FOR ANY OTHER PURPOSC.
t
' DIRECTOR OF INAN
CORPUS CHRISTI, TEXAS
4 DAY OF I , �9
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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
+ r �
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THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; +
BEN F. MCDONALD
• TOM R. SWANTNER j \
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TOM R. SWANTNER L ,p
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
>• JAMES H. YOUNG
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