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HomeMy WebLinkAbout06934 ORD - 06/12/1963JST:AH: 6 -to -63 1 AN 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 SPUR 72, SOMETIMES REFERRED TO AS A PART OF CORN PRODUCTS ROAD, 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 RE- IMBURSEMENT TO THE CITY OF THE COST OF RELOCATING, CHANGING, REARRANGING, REPAIRING AND CONSTRUCTION OR REMOVAL OF UTILITY FACILITIES OWNED BY THE CITY OF CORPUS CHRISTI, WHICH ARE NECESSITATED BY THE CON- STRUCTION AND/OR RECONSTRUCTION OF SPUR 72 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 SPUR 72, NOW SOMETIMES KNOWN AS A PART OF CORN PRODUCTS ROAD, IN NUECES COUNTY, TEXAS; 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, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE 69341 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 SPUR 72, PROVIDED SUCH CONTRACTS PROVIDE THAT ANY FUTURE RELOCATION OR ADJUSTMENT OF UTILITY FACILITIES IN SAID AREA REQUIRED BY HIGHWAY CONSTRUCTION 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 RELOCATING, 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 SPUR 72 BY THE STATE OF TEXAS. SECTION 2. THE IMMEDIATE ENTERING INTO SUCH JOINT USAGE AGREE- MENTS 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 ACTUAL CONSTRUCTION UPON 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 SASSED FINALLY ON THE DATE OF ITS INTRODUC- TION 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 AS AGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF 1963• ATT YOR THE CITY OF CORPUS CHRISTI, TEXAS CI Y SECRET Y APPROVED A TO L GAL FR THIS -4-2- DAY OF , 1963: CITY OTORNEY CORPUS CHRISTI, TEXAS .Z/-4 AY OF _(_� 19 74' 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 COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS i W. H. WALLACE, JR. T_ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.