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Home My WebLink About08070 ORD - 06/22/1966TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, STATE HIGHWAY DEPARTMENT, ACTING BY AND THROUGH ITS STATE HIGHWAY ENGINEER, CONCERNING THE DISPOSAL AND DUMPING OF EXCESS ROAD MATERIAL IN THE AREA KNOWN AS COLE PARK, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE'CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, STATE HIGHWAY DEPARTMENT, ACTING BY AND THROUGH ITS STATE HIGHWAY ENGINEER, CONCERNING THE DISPOSAL AND DUMPING OF EXCESS ROAD MATERIAL FROM THE MIDTOWN TRAFFIC EXCHANGE IN THE AREA KNOWN AS COLE PARK, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT IN ORDER TO REDUCE THEI1 TERMS AND UNDERSTANDING BETWEEN THE PARTIES TO WRITING IN ORDER THAT THE PROJECT MAY BE BEGUN WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE, 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 IS ACCORDINGLY SO ORDAINED, THIS THE /I OF JUNE, 1966. AT/TEE V Z., CITi SE R TA MAYOR m AS TO LEGAL FORM THIS THE CITY OF CORPUS CHRISTI, TEXAS Y OF JUN 1966: Y ATTORNEY 8070 IIiIEICES COWNTY PRG.IEET 10e2.1 -" FNIMI sure wismIT HIOTOwN ' m"jc EACNAME AQREEMiHT DUWIN6 AREA FOR EXCESS ROAD MENIAL STATE (IF TEARS t CUM OF Ri1ECES 1 THIS A4111111EMW is wood This DAN' GF 19 M ANY "W9911 THe CITY OF CORPNS CMRIGTI, *0 IIMFTO acrw t# ti AO TMd PASTY OF TNe FIRST PMNTj AIM THe STATE OF TcxAS, STATE HISUGMY DtDANTmw, ACTING ST %MD :NM10410 ITS STATE 11141EGIY ENGINEER, 111ICRUNAFTE4 StFM ACD TO AS THE PASTY OF Tug SEEM PART. WVEREA$, THE CITY OF COMws CHRISTI HAS REGUCSTtO YMAT ALL EXCESS LE�CAUTION INCLHDIN4 ALL SOCK, CONCRETE, TILE OR iR1CX, FROM THE STATIC HIGHWAY 9i P*Q9cT KIGANI AS TNe HNDTOYN TRAFFid EXeNAMGE, GE Oism s+ OF IN AN ARIA PROYIDtD GY TNt CITY OF Co*m CHRisT1 OM ACEAN DRIVE, APPNOXINATCLY REMUS ELIdAGE111 STRELT AND LOUIS /ANA AYeMMt, XNOYIN AS COLE PASX, Am WR7i€AS, THE PARTY OF THIC StC01R/ PART OtSIREs TO CONEY ANY OR ALL OF TNIO MATERNAL. IT 11 FYRTMER WJ MALLY A44e18 AND UMCRST000 THAT TMC AGENTS M COS. TNACTORS FOR THE PARTY OF TNe StCOM PART ARE TO NAYS rote iMRess TO AND Mess FROM SAID LANDS, NCACIMCFORE DLSCRi #EO, 0104 TNt PINRPASt OF OUIPIM SAID HA+ TCRIAL. ALL Fences, GATES, AND STNdn CXISTIiG IIPROYEMCNTS ON TMd SAID LANDS, Nt tiattORd 9ESCR111e1s, AFTER DUMPING OF ALL NATLMIAL ReGUESTEO SY THE PARTY OF TNK FIRST PART, SHALL GC PLACED IN A CONDITION COMPASAGLL IN RETAIN TO TMENR room STAte sY Yoe PARTY OF THE FIRST PART, ITS AGENT OR CONTRACTOR. ALL COMIPMXT PLACED ON SAID LANDS MY TUC PARTY OF TNC SECOND PAST, ITS AGENT M CONTIACTOR, TO ASSIST IN "M DUMPING OF SAID MATCXIAL, SMALL GE "JiftCD GY THE PASTY OF THd SECOND PART, ITS AGENT OR CONTRACTOR, UPON THe COPLeT10M OF MOOT. TIII$ AGREe1KNT SHALL CXPIRe C1611TUN MONTHS FMM Me DATE OF CXKCW Tien. Toe CITY Asset* TO MDCNM IrY THE STATE AGAINST ANY AM ALL DAMAGes AND CLAIMS PON DAIM"@ FROM TUC STATES AGENT DUE TO DELAYS, INTeRIM1PT10MS OR MOLDY" IN OISPOGIM OF ONI DVWi%S OF SAID UATCRIAL, SAYE AND EXCEPT TINT THeSE SMMLL St NO StSPONSIGILITY GY THE CITY w1otR TNNs PANAIMAPN me IMTE1i- AWT IONS TO THE GOYIM OF TRAFFIC, WAITING AT tSAFFIt SIONALSj MEATNeR COIN - DITIONS, IKCMAN19AL TROINILE OF YCNICLES DOING MAYLIM, AND/D4 YENICLt Tit-w SUE TO MISTAKC IN AIDDGMCMT OR &ACA OF SXILL OF DGIYeGi, NOR FOR ANY "Me HOT OR141HATIMS TMROUM *DOE FAULT OF CITY, ITN OFFICERS, AGENTS M EMPLOYEES. Tut CITY ALSO AGREES TO JUDE1WItY TNC STATE AMINST AkMY AIM ALI. DAMAGES ANC CLAIMS ION "Me" TO "JOINING, ANYTTIMG 40 OTNd1 PROPERTY IOM YNlgl TMt STATE IS OR /MY BE ;IANLC ARI {IRO OUT OF, IRt1ptRT TO 00 IM ANY MAY COMMCCTCD M1TN Tot OW1PING or "to 1061941AL AND Wt$ MtRt1Y AGREE TO INDONt lY TMt STATE AGAINST ANY AMC ALL COWIT COSTS, ATTOOKYD' ttCS, AND ALL CXPCMC IN CONNECTION MIN WITS IOM WCM DAIMSE ANC "ALL, If RLOIItSTED TO SO SO 10 WRITING, ASSIST 011 RtLICYt TMC STATE raw StIENNIMG ANY SOtM WITS NGOIIIMT ASAIMGT IT. To COMSTITLLTt AN RTE/ RECOYCRACLt IOM CAMAOCS OR CLAIM no DAWGCS, WTI" BY TtUVMWC TO TMt DIRCCTOR Of PM614 WORKS Ot TUC CITY SMALL St GIYCR AT TNt wmi or SUCM DELAY GR COIO EN"OKNT at CAUSC OF DELAY AND AM ALL4UARCE Of TIOIX& Mom TO CORRECT TMt *CLAY CAUSE, AND A WI /TTCX NOTICE OI TUC tXISTEMMCE OR CAUSE Ot *CLAY, TNt OCCURRENCE OI OELAY, TNt OIOATipI Ot SELAT AMC TMt fMNABLE ANIMIST OI CLAIM SMALL St OIYCR IN WRITING TO TOW CITY IN OWN ITS DIRCCTII OI PMMLIC WORKS MITMIN TYCMTY+tOWI N/URG or TUC "6011 - mant. ARY 1W10tNT caTESIMG OYtR IRIMI On CALCIDAR SAY TO ANOTMCR CALEM AM DAY SNMLL, AS T9 EACH GL0111" SAY, COISTITUTt A SE►AMATC INCIDENT. NO CLAIM SMALL Nt R;COMIICEO ARISIIIG tGOM A RI St 000 MRS LY AMC COYONARILY ASSUMED NY A IMULING CONTRACTOR# IN WITNESS MKEREOF, Tilt PARTIES coaccaNtO IKAETO NAYC SET TMEIR MAND/ TNt SATE NUtill RIMES. CITY or CwjpA CHRIST[ STATE OF TEXAS CERTIFIED A/ NLtMS tXtCUTES IIIR rut art WMOSC AM Ct/tCT or ACTIYATINS AND/ W CARRYING OUT 71I1 GOFERS, CSTAG- LISN[0 POLICIES, ON IWM11 PROGRAMS ATTESTS MCRETOF046 APPWWCD AND AUTRN11111CO BY INC STATE HISMIAY COM01SS1011N BYI /TY recaCTAIR ASSISTANT STATC lem"T Dislitte DATC: APPR00 AS TO LEGAL FORM THIS THE RECMIINMED FOR APPROVAL: ��1Ar of Rom ERT Emaggs DISTRICT Emaiweem CITY ATY9mmgv CMICF ENGIRECR W Riamy CS14M CORPUS CHRISTI, TEXAS 1 DAY OF 19 7 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 ANO 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 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 BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL 0, RONN I E S I ZEMORE WM. H. WALLACE