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Home My WebLink About08173 ORD - 09/14/1966-8 -66 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, ACTING BY AND THROUGH THE STATE HIGHWAY ENGINEER, FOR THE CONSTRUCTION OF A SIDEWALK AND STAIRWAY FROM PARKING LOT 1, ADJACENT TO MESQUITE STREET AND TO THE - TWIGG STREET OFF -RAMP TO CONNECT THIS PARKING FACILITY WITH THE ROADWAY BRIDGE RAMS' "V", WHICH SERVICES VEHICULAR TRAFFIC FROM BROADWAY STREET NORTH- BOUND TO U. S. 181, ALL AS MORE FULLY SET OUT IN THE AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE ITCRDAINED BY1HE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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 AGREE- MENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY ENGINEER, FOR THE CONSTRUCTION OF A SIDEWALK AND STAIRWAY FROM PARKING LOT 1, ADJACENT TO MESQUITE STREET AND TO THE TWIGG STREET OFF -RAMP TO CONNECT THIS PARKING FACILITY WITH THE ROADWAY BRIDGE RAMP tOV", WHICH SERVICES VEHICULAR TRAFFIC FROM BROADWAY STREET NORTHBOUND TO U. S. 181, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY ENTER INTO THE AFORESAID AGREE- MENT IN ORDER THAT THE CONSTRUCTION OF THE SAID SIDEWALK AND STAIRWAY MAY BE BEGUN WITHOUT DELAY 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 ORDINANCE OR RESOLU- TION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, 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 SO ORDAINED, THIS THE 4 DAY OF SEPTEMBER, 1966. ATTEST: WYOR CITY CRETARY THE CITY OF CORPUS CHRISTI, TEXAS APPR90 ED AS TO LE L FORM THIS DAY OF SEPTEMBER, 1966: CITY ATTORNEY` 8173 � �� x �� y O� �,(}�, ENGAGED IN A GOVERNMENTAL FUNCTION. COMPARE TI RELATING TO CITIES OPERATING ELECTRIC POWER PI., WERE HELD TO BE PROPRIETARY IN CHARACTER. "SIMILARLY, THE COURTS OF TEXAS HAVE F UPON SCHOOL DISTRICTS 'THE DUTY AND RESPONSIBII OPERATING THE SCHOOLS IN AN EFFICIENT MANNER ". IND. SCH. DIET., 205 S.W. ZD 97 (TEX. CIV. APP, CASE, OPERATION OF A SCHOOL BUS DURING SCHOOL EMPLOYEE NOT A BUS DRIVER) FOR THE PURPOSE OF WACO TO PURCHASE SUPPLIES FOR THE SCHOOL DISTRI FURTHERANCE OF THE MAINTENANCE AND OPERATION OF -�5- r i WHEREAS, the City considers the development of this sidewalk and stairway ";essential to the convenience and safety of pedestrian traffic, and it is the Staters desire to permit these needed pedestrian facilities. AGR&EMEN1r" E NOW, MMWQRE, it is agreed and understood that: (1) The City shall prepare the design of the sidewalk and stairway for the approval of the State. Such concurrence shall be confirmed by joint approval of layout and plan sheets attached hereto and marked Exhibit "A" and made a part ',of this Agreement. It ip mutually understood by the parties hereto that the dgvelop- l° 1 ment and use of this pedestrian facility shall be in a manner calcdated to best protect the public's interest and will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of'the highway facility. (2) Construction work, which is made necessary by reason of the pedes- trian facility, will be the City's financial responsibility and will be performed by the City's own forces or construction agency. The State, in conjunction with "the City's construction work, will remove a section of the parapet wall and railing of the bridge at the location of the stairway. All other construction work pertain- ing to the pedestrian facility including cutting the fence around the parking facil- ity, sidewalk, stairway from the sidewalk to the highway bridge, and extending chain link barrier fence from the parking facility around the sidewalk and stairway shall be as indicated on Exhibit "A," and shall be the entire responsibility of the City. The stairway shall be so constructed that it has its own foundation and will be entirely separate from the roadway bridge. The City will also be responsible for maintenance, operation, and policing of the sidewalk, stairway, and fencing, -2- w (3) Should it be found at any future time that traffic conditions have so changed that the existence or use of the pedestrian facility is impeding main- tenance, restricting operation, or damaging the highway facility, or is not in the public interest, it is hereby agreed that either (1) corrective action accept- able to both parties shall be taken to eliminate the objectionable features of the pedestrian facility, or (2) upon written thirty day notice by either party this Supplemental Agreement shall terminate and the use of the pedestrian facility shall be discontinued, br'the pedestrian facility shall be removed from the high- way right of way at no expense to the Highway Department. (4) it is understood that this Supplemental Agreement pertains only to the pedestrian facility and in no other way modifies or supersedes the terms and provisions of the Supplemental Agreement as executed by the City and the State for the parking facility, dated December 18, 1957. This Supplemental Agreement shall be attached to the Parking Facility Supplemental Agreement and made a part thereof in all respects. (5) The City agrees to indemnify the State against any and all damages and claims for damages arising out of, incident*to, or in any way connected with the installation, the construction, the existence, the use and /or maintenance of the pedestrian facility, and the City does hereby agree to indemnify the State against any and all'court costs, attorneys fees, and all expenses in connection with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persona or for damage to or lose of property arising'out of or in any manner connected with the maintenance or use of the pedestrian facility, and the City will save the State harmless for any damages arising from said maintenance and /or use of said pedestrian facility. -3- . A ' IN WITNESS WHEREOF, the parties have hereunto affixed their signatures the City of Corpus Christi on the day of _ ,•19", and } the State on the day of 19_. s CITY OF CORPUS CHRIST ;t THE STATE OF TRW: CERTIFIED as being executed for the purpose and effect of activating and /or c }rrying By: out the orders, established policies, or work program heretofore approved and authorized by the State Highway Commissiont Titles Byr Executed as State Highway Engineer ATTESTt and approved for State Highway Commission City Secretary RECOMMBNDRD FOR APPROVAM APPROVED AS TO LEGAL FORM THIS THE DAY OF District Engineer 19 i City Attorney Bridge Engineer Chief Engineer of Highway Design -4- SUPPLEPD;NTb?• AGREEMENT FOR SIDEWALK AND STAIRWAY WITHIN FREEWAY RIGHT OF WAY • 6 STATE OF TEXAS COUNTY OF NUECES This Supplemental Agreement made this _ day of by and between the State of Texas, represented by the State Highway Engineer, herein- after referred to as the "State," party of the first part, and the City of Corpus Christi, Nueces County, Texas, acting by and through its duly authorised officers as authorized by Ordinance passed on the day of 19_, hereinafter referred to as the "City," party of the second part. W I T N E S S E T H WHEREAS, the City and the State, under date of October 19, 1955, executed an agreement establishing joint responsibilities and authorities for the construc-tion, maintenance, existence, and /or use of a proposed freeway facility from Shore- line Boulevard to the vicinity of Waco Street over a new location for State Highway 9; and WHEREAS, the City and State, under date of December 18, 1957, executed a ' r Supplemental Agreement authorizing City construction of parking facilities within - c the Freeway right of way; and WHEREAS, the City desires to construct a sidewalk and stairway from Park- ing Lot 1 adjacent to Mesquite Street and to the Twigg Street off -ramp to connect this parking facility with the Roadway Bridge Ramp 'T ", which services vehicular traffic from Broadway Street northbound to U.S. 181 in order to accomodate pedes- trians going from this parking facility to office buildings on Upper Broadway, and is willing to construct these pedestrian facilities at no expense to the Highway Department; and , CORPUS CHRISTI, TEXAS DAY OF 9(p(n 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; 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. MCIVER FORMAN V JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL ILO RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTEo DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. Lo KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE