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Home My WebLink About08343 ORD - 02/01/1967/3/7 i AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACTUAL AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY, PROVIDING FOR PAYMENT TO THE CENTRAL POWER AND LIGHT COMPANY OF THE SUM OF $5.597.09 IN CONNEC- TION WITH THE RELOCATION OF CERTAIN FACILITIES A STATE HIGHWAY 286 AND GOLLIHAR ROAD, AS REQUIRED BY THE STATE HIGHWAY DEPARTMENT IN CONNECTION WITH CON- STRUCTION OF THE CROSSTOWN EXPRESSWAY STAGE III, AND AS SHOWN ON THE ATTACHED PLANS, MARKED EXHIBITS "A" AND "B" AND MADE A PART HEREOF, AND AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AM MADE A PART HEREOF; APPROPRIATING OUT OF NO. 220 STREET BOND FUNDS THE SUM OF $5.597.09. APPLICABLE TO PROJECT NO. 220- 56-75, UTILITY RELOCATIONS FOR CROSS- TOWN EXPRESSWAY: AND DECLARING AN EMERGENCY. WHEREAS, ON THE 12TH DAY OF DECEMBER, 1958, THE CITY OF CORPUS CHRISTI ENTERED INTO A CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT WITH The TEXAS HIGHWAY DEPARTMENT FOR THE PROCUREMENT OF RIGHT OF WAY FOR STATE HIGHWAY 286 RELOCATED BETWEEN INTERSTATE HIGHWAY 37 AND AGNES STREET AND BETWEEN AGNES STREET AND STATE HIGHWAY 358; AND WHEREAS, SAID CONTRACTUAL AGREEMENT PROVIDED THAT WHERE THE HIGH- WAY 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 WOULD BE REIMBURSED 50% OF THE ELIGIBLE COST FOR THE REMOVAL, RELOCATION AND/OR ADJUSTMENT OF SUCH PRIVATE UTILITY FACILITIES; AND WHEREAS, THE CITY OF CORPUS CHRISTI AND CENTRAL POWER AND LIGHT COMPANY DESIRE TO ACCOMPLISH THE ADJUSTMENT, REMOVAL OR RELOCATION OF SAID COMPANY'S EXISTING FACILITIES WHICH CROSS STATE HIGHWAY 286 AT GOLLIHAR ROAD BY ENTERING INTO AN AGREEMENT WHEREBY THE AMOUNT TO BE PAID FOR SUCH ADJUSTMENT, REMOVAL OR RELOCATION IS $5,597.09: 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, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO ENTER INTO AN AGREEMENT WITH THE CENTRAL POWER AND LIGHT COMPANY, PROVIDING FOR THE PAYMENT TO THE CENTRAL POWER AND LIGHT COMPANY OF THE SUM OF 5,597.09• 8°413 SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF 5,597.09, FOR PAYMENT TO CENTRAL POWER AND LIGHT COMPANY AS HEREINABOVE DESCRIBED, IN CONNECTION WITH PROJECT ND. 220 - 56-75, CROSSTOWN EXPRESSWAY PROJECT, STAGE 111. 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 SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDI- NANCE 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 DAY OF , 1967. ATTEST: m (p K�( �i1.�/i/`✓[�� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FO M THIS _DAY OF 1967: CITY ATTORNEY • • January 27, 1967 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 Project No. 220 -56 -75 $5.597.09 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. I DIRECTOR r ANCE /t y11R...:.. -_ AOJUSTMENTI RMADVAIL 6A RELOCATION) ANN THE OWNER AGR£ES TO PROSECUTE SUCH 4(OR>i OILIQENTLY T6 COIAPLETION IN SUCH HAMMER AS WILL NOT RESULT IN AVOIDABLE �INTERF£RENCE OR DELAY 114 EITHER'THC S'TATE HIF.HWAY,CONSTRUCTION OR IN THE a SAID WORK THE OWNER MI -LL CARRY OUT SAIL AQ"STMCNTS,, RCMOYALG; 01i RELOCATIONS = - IN ACC,ORRAHCC, WITH THE `PLANS ATTAICHLO HERC"dp,MARKED_ "A" AND "13', Li AND -THE.. CO:-TS PAID BY THE -- -CITY PUkSUANT 76 TH7S'- CONTRACT ;HALL HE .FULL Com-" ,�.F {�5, VENSATION TO THE QWNER FOR THE COST$ INCUHRW IN MAKING SUCH AUJUSTHZIlln {' REMOVALS' OR RELOCATIONS. SILL5 FOR WORK HEREUNDER SHALL 13E 5UBMITT€0 To THE CITY NOT LATER THAN 90 DAYS AFTER COMPLETION OF THE WORit, - THE CITY AQACLS TO PAY THE OWNER AND THE OWNER AC,REES TO ACCEPT - =THE SUM OF y OR TAE ACTUAL COST:I INCURRED IN MAKING -$UCH ARJU9T� 5 597.09 ;' J1 VENTS, kEMOVALS OR VELOCATIONS, WHICIi_VER.19,THE LESSEl AL4 FULL REIMBURSE+ -` NENT FOR WORD COVEREO BY, THIS CONTRACT, SAID REIMBURSEMENT TO VE VORTHCONSNG 101, SUCH SUFI ONLY AFTER l OF A FINAL BILLING IN THE FOREGOING AMOUNTS OR ACTUAL COST, WHICHEVER ti'THE LESSER, ACCOMPANIED BY A CERTIfICATE TO - `THE EFFECT THAT SUCH WORK HAS BEEN FULLY .ACCOMPLISHER. IT IS EXPRESSLY UNDERSTOOD THAT THIS.CDNTRACT 13 SUBJECT TO CANCELLJLTION By THE CITY AT ANY TIME UP TO THE DATE THAT WORK TI Ls .UNDO CONTRACT 14A BEEN AUTHORIZED AIM THAT SUCH CANCELLATION WILL NOT CREATE ANY LIABILITY ON THE PART or THE CIT-Y. CITY or CORPUS CHRISTI ATTEST: B, HERBERT W. isIHITNEY -, -CITY +ECR£ "I'ARY CITY P94NAGER - - EC� APPROVED AS TO LL rQW THIS ;r � ,, DAY or , ,1 A7 CITY ATTORNEY CF,'.PMAL POWCR AIO LIQ -1T COARl ATTEST: _ By • PR£OIdEHT ��'' SECRETiA RY A. '{ - a OEM. W, THE UiDM -tOffW AUTHOR1TY,1 011 ?"If DAY PERSONALLY Apt6Aww,NCR rftT W. ,WlTME,IFj, CITY WNAQER Of THE CITY -Oel CORRM3 - CHRiOT1# iFxA3y,0, 044WINAJ: CaRPORdTiDNi'NIIpVN TO ME TO GE UVPER9011 AND DI'FIrtol WHO& :WIME is ssvl3s ie }il a'ra eud FOALG iNa iHSmm"T,� AW ACIU"#.EOQEO F4 t s' NC _TINT RE 6rWVf80TNC SAKC AS THE ACT ANQ PEED af, &A 10 CITY or C441rlol �NJtW4 ,FDIC TllN rx#RWl0D AND IN THE tAPAGITY TNfREJN STATE&. GIVfN LWFl NY HAIL AND SEAL,OF OFFICES Tg11 TNL ��oAY �s pa- VARY JVDW a IN AND "R lyU6C64 two IW STATE Of YEW � C411N�1( bF ME�CES � :_ • F 'y BEFk ME" r#,E..u*tx3t" ED bN, Y PCR$b1i/4W:v .AUTNORITYy It ?REAR O r a C mmt. Pawca AND L{DMr COWANYi *110" To ME T4 12 THE fE1tb nAm pFi10ER wan fMME IS 4U85CRI1,3ED TO THE YDREGOINa - iNllTRUMEN4' AwA,CANqvLiDGlrO'iti Ng THAT -TUC SAME WAS THE ACT OF THE SAID CENTRAL ftWEN.ANC LianT CWANYy a CORiO* ;4' AATiDtt� AND THAT HE OCCUTED THE MITE AS Toot ACT of �►i(CN CDR1MaBI1TIt� FOR TNIi i'URCD:IE3 11ND CDNSIDERATi(AI TIiERC1If E7s>ry ;1 ED ARD_:tN TIiC CAPACI -fY TMEAE• - GIVBN'18D!!t 19'f 41W AND UAL Of. 00'F10Ei rMrs TNe �,� DAV OF X961. - TARY, #"&.IC IN AND FOR RUBLES PUNTY, TExAS 4 - S • CORPUS CHRISTI' TEXAS • DAY OF ' '19(' e 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, YM� OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE .nlGfD ' DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTEo DR. MCIVER FU RMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE SVZEMORE WM. H. WALLACE