HomeMy WebLinkAbout06683 ORD - 10/31/1962AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, ANY AND ALL
AGREEMENTS, CONTRACTS AND /OR FORMS WHICH MAY BE REQUIRED
BY THE STATE OF TEXAS THROUGH THE TEXAS HIGHWAY DEPARTMENT
FOR THE JOINT USAGE OF BOTH HIGHWAY AND UTILITY PURPOSES
OF THE AREAS OF SAID UTILITY RIGHTS OF WAY AND/OR EASEMENTS
LYING WITHIN THE RIGHT OF WAY OF STATE HIGHWAY 358, SOME-
TIMES REFERRED TO AS LEXINGTON BOULEVARD, PROVIDED SUCH
CONTRACTS PROVIDE THAT ANY FUTURE RELOCATION OR ADJUSTMENT
OF UTILITY FACILITIES IN SAID AREA REQUIRED BY HIGHWAY
CONSTRUCTION SHALL BE AT THE EXPENSE OF THE STATE, IN
ACCORDANCE WITH THE APPLICABLE LAWS OF THE STATE OF TEXAS,
AND FOR THE REIMBURSEMENT TO THE CITY OF THE COST OF RE-
LOCATING, CHANGING, REARRANGING, REPAIRING AND CONSTRUCTION
OR REMOVAL OF UTILITY FACILITIES OWNED BY THE CITY OF CORPUS
CHRISTI, WHICH ARE NECESSITATED BY THE CONSTRUCTION AND /Ott
RECONSTRUCTION OF STATE HIGHWAY 3515 BY THE STATE OF TEXAS;
AND DECLARING AN EMERGENCY.
WHEREAS, THE STATE OF TEXAS, ACTING THROUGH THE TEXAS HIGHWAY
DEPARTMENT IS CONSTRUCTING AND /OR RECONSTRUCTING STATE HIGHWAY 358, SOME-
TIMES KNOWN AS LEXINGTON BOULEVARD, WITHIN THE CITY LIMITS OF THE CITY OF
CORPUS CHRISTI; AND
WHEREAS, SUCH HIGHWAY IS A PART OF THE STATE HIGHWAY SYSTEM;
AND
WHEREAS, SAID HIGHWAY WILL CROSS.UTILITIES OWNED BY THE CITY OF .
CORPUS CHRISTI AND IT WILL BE NECESSARY THAT THE CITY OF CORPUS CHRISTI
ENTER INTO AGREEMENTS WITH THE STATE OF TEXAS FOR THE JOINT USAGE-FOR. BOTH
HIGHWAY AND UTILITY PURPOSES OF THE AREAS OF SAID UTILITY RIGHTS OF WAY
AND /OR EASEMENTS LYING WITHIN THE RIGHT OF WAY OF SAID HIGHWAY; AND
WHEREAS, THE CITY OF CORPUS CHRISTI WILL BE ENTITLED TO REIMBURSE-
MENT BY THE STATE OF TEXAS AND THE COUNTY OF NUECES UNDER THE AUTHORITY OF
HOUSE BILL 179, ACTS OF THE:55TH LEGISLATURE, AND HOUSE BILL 620, ACTS OF
THE 55TH LEGISLATURE, FOR THE "COST OF RELOCATION "; AND
WHEREAS, THE TERM "COST OF RELOCATION" INCLUDES THE ENTIRE ,AMOUNT
TO BE PAID BY THE COUNTY OF NUECES AND THE STATE OF TEXAS FOR SUCH RELOCATION:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI ",7 BED AND HE IS HEREBY, AUTHORIZED AND 'b IRECTED TO EXECUTE
6683
ANY AND ALL AGREEMENTS, CONTRACTS AND/OR. FORMS WHICH MAY BE REQUIRED BY
THE STATE OF TEXAS, THROUGH THE TEXAS HIGHWAY DEPARTMENT, FOR THE JOINT
USAGE FOR BOTH HIGHWAY AND UTILITY PURPOSES OF THE AREAS OF SAID UTILITY
RIGHTS OF WAY AND/OR EASEMENTS LYING WITHIN THE RIGHT OF WAY OF STATE
HIGHWAY 358, PROVIDED SUCH CONTRACTS PROVIDE THAT ANY FUTURE RELOCATION
OR ADJUSTMENT OF UTILITY FACILITIES IN SAID AREA REQUIRED BY HIGHWAY CON-
STRUCTION SHALL BE MADE AT THE EXPENSE OF THE STATE, IN ACCORDANCE WITH
AND TO THE EXTENT POSSIBLE UNDER THE APPLICABLE LAWS OF THE STATE OF TEXAS,
AND FOR THE REIMBURSEMENT TO THE CITY OF THE COST OF RELDCATIN6, CHANGING,
REARRANGING, REPAIRING AND CONSTRUCTION OR REMOVAL OF UTILITY FACILITIES OWNED
BY THE CITY OF CORPUS CHRISTI, WHICH ARE NECESSITATED BY THE CONSTRUCTION AND/OR
RECONSTRUCTION OF STATE HIGHWAY 358 BY THE STATE OF TEXAS.
SECTION 2. THE IMMEDIATE ENTERING INTO SUCH JOINT USAGE AGREEMENTS
AND THE IMMEDIATE RELOCATION OF UTILITY FACILITIES WILL REDUCE THE ULTIMATE
COST OF SUCH RELOCATION DUE TO THE FACT THAT IT MAY BE ACCOMPLISHED BEFORE 1.
ACTUAL CONSTRUCTION UPON THE HIGHWAY BEGINS, AND THE RESULTING NEED FOR EX-
PEDITIOUS ACTION CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NEC
ES517Y
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 SEVER-At 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 RAFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
✓ / DAY OF IV 1962.
ATTE
' MAYOR
CITY SECRETARY THE CITY OF CORPUS CHRISTI, EXAS
APPROVED AS TO LEGAL FORM THIS
-3j DAY OF
CITY ATTORNEY O
i t
_ 3
r_
CORPUS CHRISTI TEXAS .
�f DAY OF j9 ,Z
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; ly THEREFOREj 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
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONA LD
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 FO LLOWIN VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG