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Home My WebLink About08003 ORD - 05/04/1966VMP:5 /4/66 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACTUAL AGREEMENT FOR EXCAVATION OF BORROW MATERIAL FROM THE CITY OF CORPUS CHRISTI'S ARROYO SARATOGA DRAINAGE IMPROVEMENT - OSO CREEK TO SARATOGA, SAID AGREEMENT TO BE BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, AGREEMENT HAS BEEN REACHED BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT CONCERNING EXCAVATION TO CITY STANDARDS, SPECIFICATIONS, DEPTHS AND ELEVATIONS OF CERTAIN DRAINAGE IMPROVEMENT RIGHTS OF WAY OWNED BY THE CITY AND SUCH AGREEMENT HAS BEEN REDUCED TO WRITING: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACTUAL AGREEMENT WITH THE TEXAS HIGH- WAY DEPARTMENT WHEREBY THE TEXAS HIGHWAY DEPARTMENT WILL EXCAVATE TO CITY SPECIFICATIONS CERTAIN ORAI NAGE RIGHT OF WAY AT NO COST TO THE CITY AND WITH NO CHARGE AGAINST THE HIGHWAY DEPARTMENT, SAID EXCAVATED MATERIAL TO BE USED FOR THE CONSTRUCTION OF ROADWAY EMBANKMENTS DURING THE EXTENSION OF FARM ROAD 43 IN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE AFORESAID 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAV- ING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 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 PASSAGE, IT 15 ACCORDINGLY SO ORDAINED, THIS THE y OAY OF MAY, 1966. ATTEST:�� r Y THE CITY OF CORPUS CHRISTI, TEXAS CI SECRE ARY APPROVED AS T LEGAL FORM THI _DAY OF MAY, 1966: CITY AftORNE 4 AGREEMENT for excavation of BORROW MATERIAL by and between the STATE OF TEXAS STATE HIGHWAY DEPARTMENT and CITY OF CORPUS CHRISTI Nueces County Type of Proposed Work: Excavation of borrow material between Station 8+00 and Station 21+00 in a portion of the City Of Corpus Christi's Arroyo Saratoga Drainage im- provement — Oso Creek to Saratoga. This material or lesser amounts will be used only when haul makes it the most economical source. BORROW MATERIAL WILL BE USED FOR STATE HIGHWAY DEPARTMENT PROJECT ON FM HIGHWAY 43 FROM STATE HIGHWAY 286 To STATE HIGHWAY 357. STATE OF TEXAS, COUNTY OF NUECES This agreement is made this day of , 19 , by and between City of Corpus Christi hereinafter referred to as the Party of the First Part, and the State of Texas, State Highway Department, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second Part. t Whereas, preliminary investigations have indicated that acceptable material is available between Station 8+00 and Station 21+00 in a portion of the City of Corpus Christi's Arroyo Saratoga Drainage Improvement - Oso Creek to Saratoga, to the lines and grades shown on the plans of the said Improvement or as agreed by the City Engineer, City of Corpus Christi, and the Texas High- way Department which material is on lands owned and controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to convey any or all of this acceptable material. It is further mutually agreed and understood that the agents of Con- tractors for the Party of the Second Part are to have free ingress to and egress from said lands, hereinbefore described, for the purpose of excavating and re- moving said material. All fences, gates and other existing improvements on the said lands, hereinbefore described, after removal of all material desired by the Party of the Second Part, shall be placed in a condition comparable in re- pair to their former state by the Party of the Second Part, its agent or Con- tractor. All equipment placed on said lands by the Party of the Second Part, its agent or Contractor, to assist in the removal of said material, shall be re- moved by the Party of the Second Part, its agent or Contractor, upon the comple- tion of work. This agreement shall expire two years from the date of execution un- less the Party of the Second Pert at that time has under contract or has issued work order for construction of the project or projects hereinbefore described, in which event this agreement shall remain in effect until all such material desired by the Party of the Second Part for construction of said project or projects has been removed and the conditions hereinbefore stated have been ful- filled. It is further agreed that the City Engineering Department, City of Corpus Christi will stake on the ground, at the request of the Texas Highway Department, the right of way lines of the hersinbefore mentioned City of Corpus Christi's Arroyo Saratoga Drainage Improvement - Oso Creek to Saratoga. IN WITNESS WHEREOF, the Parties concerned hereto have set their hands the date herein named. CITY OF CORPUS CHRISTI STATE OF TEXAS Party of the First Part Party of the Second Part HERBERT W. WHITNEY CITY MANAGER $ ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF MAY, 1966: CITY ATTORNEY Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway Commission: BY Administrative Engineer Recommended for approval: Reside. g eer District Engineer Engineer, Secondary Roads CORPUS CHRISTI, TEXAS DAY OF __j� 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, MAYOR � -'- THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCI VER FURMAN JACK BLACKMON --� PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BIA CKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE