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Home My WebLink About08286 ORD - 12/21/1966iIMS:JKH:12 -13 -66 TEXAS: a�� J AN ORDINANCE L AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN_AGREEMENT BETWEEN THE CITY AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION OF IMPROVEMENTS ALONG McARDLE ROAD AND PROVIDING DRAINAGE FACILITIES FOR LANDS ABUTTING ON McARDLE ROAD BETWEEN GREENWOOD DRIVE Aft STATE HIGHWAY 2_ , ALL AS 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 BETWEEN THE CITY OF CORPUS CHRISTI, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION OF IMPROVEMENTS ALONG McARDLE ROAD AND PROVIDING DRAINAGE FACILITIES PERTAINING TO THE LANDS ABUTTING ONTO McARDLE ROAD BETWEEN GREENWOOD DRIVE AND STATE HIGHWAY 256, ALL AS SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THEAFORESAID AGREEMENT AS PROMPTLY AS POSSIBLE SO THAT THE PROJECT MAY CONTINUE WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THATKO 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 PUBLIC EMERGENCY AND IMPERATIVE 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF D EMBER, 1966. ATTEST CITY ECRETARY T MAYOR APPROVED AS TO L FORM THIS THE CITY OF CORPUS CHRISTI, TEXAS _22 DAY OF EMBER, 1966: ITY ATTORNEY • IMS:JKHi12 -14 -66 r THE STATE OF TEXAS COUNTY OF NUECES Q WHEREAS, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, HEREINAFTER CALLED PARTY OFTHE FIRST PART, IS OWNER OF PROPERTY ABUTTING ON MCARDLE ROAD BETWEEN GREENWOOD DRIVE AND STATE HIGHWAY 286 IN THE CITY OF CORPUS CHR'IST1, NUECES COUNTY, TEXAS; A-ND WHEREAS, IT IS PROPOSED TO EXTEND MCARDLE ROAD FROM GREENWOOD DRIVE TO STATE HIGHWAY 286 THROUGH AND ADJACENT TO LANDS OWNED BY PARTY OF THE FIRST PART; AND IL WHEREAS, IN ORDER TO PROVIDE ADEQUATE STORM DRAINAGE IN THE PROPOSED MCARDLE ROAD TO SERVE THE ABUTTING LAND OWNED BY PARTY OF THE FIRST PART AND OTHER LANDS ABUTTING SAID STREET; AND WHEREAS, IN ORDER TO PROVIDE SAID REQUIRED STORM SEWER, IT IS NECESSARY TO CONSTRUCT A LINE FROM A POINT APPROXIMATELY 1000 FEET NORTH- WEST OF THE INTERSECTION OF GREENWOOD DRIVE AND MCARDLE ROAD TO STATE HIGHWAY 286 AS SHOWN ON THE MAP OR PLAT ATTACHED HERETO; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS (HEREINAFTER CALLED PARTY OF THE SECOND PART) HAS FUNDS AVAILABLE FOR CONSTRUCTION OF THE STORM SEWER DRAINAGE FACILITY AND HAD ORIGINALLY SCHEDULED THIS WORK IN THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY TO BE DONE IN THE CALENDAR YEAR 1968; AND WHEREAS, THE PARTY OF THE FIRST PART DESIRED TO PROCEED IMMEDIATELY WITH CONSTRUCTION OF STORM SEWER AND PAVING IMPROVEMENTS IN MCARDLE ROAD TOGETHER WITH DEVELOPMENT OF ADJOINING PROPERTIES: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. THAT PARTY OF THE FIRST PART AGREES TO DO THE FOLLOWING: A. TO PAY TO PARTY OF THE SECOND PART 68.55% OF THE OVERALL COST OF SAID STORM 11 SEWER DRAINAGE LINE HAVING THE FOLLOWING SPECIFICATIONS: 1. 400 FEET OF 21 R.C. PIPE 2. 1480 FEET OF 27° R.C. PIPE 270 FEET OF 3O" R.C. PIPE X420 FEET OF �+8" R.C. PIPE 5. 550 FEET OF 54 R.C. PIPE 6. 13140 FEET OF 60° R.C. PIPE 76 9 MANHOLES' O. 1200 FEET OF 6.5' X 5' R.C. BOX CONDUIT TO BE CONSTRUCTED BY THE CITY AT AN ESTIMATED TOTAL COST OF $111+,041+.00. IN THE EVENT SAID CONSTRUCTION COSTS ARE OTHERWISE THAN ESTIMATED, THE ACTUAL COST OF SAME SHALL BE SHARED BY THE CITY AND THE SCHOOL DISTRICT IN THE SAME PERCENTAGES. Z. PARTY OF THE SECOND PART AGREES TO DO THE FOLLOWING: A. COMPLETE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SAID LINES ACCORDING TO SPECIFICATIONS ABOVE SET FORTH WITH SUBSTANTIALLY THE SAME FORM OF CONTRACT USED BY THE CITY FOR INSTALLATION OF DRAINAGE CONDUIT. B. ADVERTISE FOR BIDS AND AWARD CONTRACT TO COMMENCE CONSTRUC- TION AS PROMPTLY AS PRACTICAL. C. OVERSEE CONSTRUCTION AND PAY THE COST THEREOF WITH REIMBURSEMENT TO THE CITY BY THE PARTY OF THE FIRST PART WITHIN 30 DAYS AFTER RENDITION OF A FINAL ACCOUNT. WITNESS OUR HANDS THIS THE DAY OF DECEMBER, 1966. ATTEST: SECRETARY ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF DECEMBER, 1966: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT BY PRESIDENT CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY CITY MANAGER BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , PRESIDENT OF THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF DECEMBER, 1966. NOTARY PUBLIC, NUECES COUNTY, TEXAS -2- THE STATE OF TEXAS COUNTY OF NUECES BEFOR E ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED, AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF DECEMBER, 1966. NOTARY PUBLIC, NUECES COUNTY, TEXAS u C / {y ana/ 5c 05 ar /c� a /on . ewg _L- 46!lc.; 66 /Jc. t Q C TY ORe%Verid O.QdD AGO,Q,6 ISl—G,cIO O.Q Z. 5N �BGO,lewe�� G��G D. W. NO. DATE: CORPUS CHRISTI, TEXAS DAY OF ✓�,�ea�n°eti 9 ,. 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. MCIVER 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. MC I VER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE S12EMORE WM. H. WALLACE