The URL can be used to link to this page

Home My WebLink About08142 ORD - 08/17/19668/1 5/66 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACTURAL AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT AND HUMBLE PIPE LINE COMPANY, PROVIDING FOR THE PAYMENT TO HUMBLE PIPE LINE COMPANY OF THE SUM OF $5,16at7g AMFURTHQR PROVIDING FOR THE REIM- BURSEMENT TO THE CITY OF CORPUS CHRISTI BY THE STATE HIGHWAY DEPARTMENT OF 0 OF SAID AMOUNT, ALL IN CONNECTION WITH THE RELOCATION OF A I4" PIPE LINE WITHIN STATE HIGHWAY 286 RELOCATED IN CONNECTION WITH THE CONSTRUCTION OF THE CROSSTOWN EXPRESSWAY PROJECT, HIGHWAY 286 RELOCATED, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APEROPRIA-ILNG-THE SUM OF $5, 1 63-,a OUT OF NO. 220 STREET BOND FUND, PROJECT NO. 220-56-75, FOR PAYMENT TO HUMBLE PIPE LINE COMPANY AS AFORESAID; AND DECLARING AN EMERGENCY. WHEREAS, ON THE 16TH DAY OF DECEMBER, 1958, THE CITY OF CORPUS CHRISTI ENTERED INTO A CONTRACTURAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT WITH THE TEXAS HIGHWAY DEPARTMENT FOR THE PROCUREMENT OF RIGHT OF WAY FOR STATE HIGHWAY 286 RELOCATED 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 CONTRACTURAL AGREEMENT; AND WHEREAS, SAID CONTRACTURAL AGREEMENT PROVIDED THAT WHERE THE HIGHWAY CONSTRUCTION OF SAID HIGHWAY 286 RELOCATED REQUIRED THE ADJUSTMENT, 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 CONTRACT PROVID- ING FOR THE AMOUNT TO BE PAID TO SAID UTILITY COMPANY FOR SAID ADJUSTMENT, REMOVAL OR RELOCATION AND PROVIDING THAT THE STATE HIGHWAY 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 HUMBLE PIPE LINE COMPANY HAVE ENTERED 1I�NTO AN 1A�GREEMENT FOR THE RELOCATION OF A 41° PIPE LINE CROSSING PARCELS 466 AND 468 -A IN THE RIGHT OF WAY OF THE PROPOSED STATE HIGHWAY 286; AND WHEREAS, THE AMOUNT TO BE PAID TO THE HUMBLE PIPE LINE COMPANY Is $5,163.79: 69-42 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 HUMBLE PIPE LINE COMPANY, PROVIDING FOR THE PAYMENT TO THE HUMBLE PIPE LINE COMPANY OF THE SUM OF $5,163.79, AND FURTHER PROVIDING FOR THE REIMBURSEMENT TO THE CITY OF CORPUS CHRISTI BY THE STATE HIGHWAY DEPARTMENT OF 50% OF THE SAID AMOUNT. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $5,163.79 FOR PAYMENT TO HUMBLE PIPE LINE COMPANY AS HEREINABOVE DESCRIBED, IN CONNECTION WITH PROJECT NO. 220- 56 -75, CROSSTOWN EXPRESSWAY PROJECT. SECTION 3. THE NECESSITY FOR IMMEDIATE EXECUTION OF SAID AGREE- MENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIR- ING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDI- NANCE 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 PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE / / _DAY OF AUGUST, 1966. ATTE MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRE AR APPROVED AS T LEGAL FORM TH DAY OF AUGUST, 1966: CITY ATTORNEY Te ghway Department For 0 -43 ;Page 1 of 2 r i F CONTRACTUAL AGREEMENT FOR C` RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) STATE OF TEXAS 0 COUNTY 1tieCes k' 0 PROJECT RW X26 -,4-n %COUNTY OF TRAVIS 0 HIGHWAY State 286 AGREEMENT NO. U-4p92 ` (To Be Completed By The State) I: l This agreement entered iz1to this — day of , 19 , by and between the Staterof Texas, acting by and through the Texas Highway Department, 'hereinafter called the State, and The City of CorMs Christi. , Texas, acting by 'and through its duly authorized official under Ordinance dated day of 19 , hereinafter called the City, and amble Dive Line COG417411p , 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 Jilly 3.1 , 19 66 , 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 of work: Relocate and case 4" pipe line in 8" casing crossing Parcels 466 and 488,A 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 hereto is intended to implement and effectuate the terms and provisions of that contract of December 16 , 19 08 , 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_l� F -Page 2 of 2 1 i _ i 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 $ 5,163.79 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 to the effect that such work has been fully accomplished. The State will reimburse the City in an amount equal to 50 per-cent of the lump payment to the Owner upon receipt of } proper billing and certificate by the City 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 C0*Us ChrJX$i , TEXAS BY: HERBERT W.WHITNEY�XXJtKtl CITY MANAGER APPROVED AS TO LEGAL FORM 8/16/66: CITY ATTORNEY ATTEST: CITY SECRETARY OWNER: By: Title: Date: Examined and Recommended for Approval: i I f i 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 Right of Way Engineer August 10, 1966 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 THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 220 Street Bond Fund $5,163.79, Project No. 220 -56 -75 -FtmD- FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. 1 DIRECTO OF FI' ANCE CORPUS CHRISTI, TEXAS / / DAY OF , �9 TO THE MEMBERS OF THE CITY COUNCIL 1-1-- 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING DR. MCIVER FORMAN S'gVOTE: JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE IL9 9, 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 RONNIE SIZEMORE WM. H. WALLACE 6