HomeMy WebLinkAbout08562 ORD - 08/16/1967TDM:VMP:8/16/67
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AN ORDINANCE
AMENDING ORDINANCE NO. 8535 DATED JULY, 1967, AUTHORIZING
A CONTRACTUAL AGREEMENT TO REIMBURSE CENTRAL POWER AND
LIGHT COMPANY FOR 50,E OF THE COST, OR $11,274, OF RELOCATING
CERTAIN FACILITIES FOR THE STATE HIGHWAYS #286 AND &358
INTERCHANGE; APPROPRIATING OUT OF NO. 220 STREET BOND FUND
THE SUM OF $5,587 SUPPLEMENTING THE PREVIOUSLY APPROPRIATED
AMOUNT OF $5,687, MAKING A TOTAL OF $11,274 AVAILABLE TO
REIMBURSE CENTRAL POWER AND LIGHT COMPANY, AND APPLICABLE
TO PROJECT NO. 220- 56 -75, UTILITY RELOCATIONS FOR CROSSTOWN
EXPRESSWAY, ALL AS MORE FULLY SET OUT IN SAID CONTRACTUAL
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT
"A ", AND MADE A PART HEREOF; AM DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT ORDINANCE N0. 8535, PASSED AND APPROVED BY THE
CITY COUNCIL ON THE 26TH DAY OF JULY, 1967, BE AND THE SAME IS HEREBY
AMENDED BY PROVIDING FOR AN ADDITIONAL PAYMENT TO CENTRAL POWER AND LIGHT
COMPANY OF THE SUM OF FIVE THOUSAND SIX HUNDRED EIGHTY -SEVEN DOLLARS ($5,687)
FOR THE ADJUSTMENT, REMOVAL, OR RELOCATION OF THE COMPANY'S'OTILITY FACILI-
TIES NECESSITATED BY THE HIGHWAY IMPROVEMENTS AT THE INTERCHANGE OF STATE
HIGHWAY 286 RELOCATED AND STATE HIGHWAY 358 INTERCHANGE IN CORPUS CHRISTI,
NUECES COUNTY, TEXAS.
SECTION 2. THAT THE ADDITIONAL SUM OF $5,687 IS HEREBY APPROPRIATED
OUT OF NO. 220 STREET BOND FUND FOR THE ADDITIONAL PAYMENT TO CENTRAL POWER
AND LIGHT COMPANY AS HEREINABOVE DESCRIBED, IN CONNECTION WITH PROJECT NO.
220- 56 -75, CROSSTOWN EXPRESSWAY.
SECTION 3. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE
AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO
ENTER INTO AN AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY, PROVIDING FOR
THE PAYMENT TO THE SAID COMPANY THE TOTAL SUM OF ELEVEN THOUSAND TWO HUNDRED
SEVENTY -FOUR DOLLARS ($11,2711), ACCORDING TO THE TERMS OF SUCH CONTRACTUAL
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR
ALL PERTINENT PURPOSES.
SECTION 4. THE NECESSITY TO IMMEDIATELY MAKE THE HEREINABOVE
DESCRIBED CHANGES IN THE AGREEMENT HERETOFORE AUTHORIZED BETWEEN THE CITY AND
CENTRAL POWER AND LIGHT COMPANY IN ORDER THAT THE UTILITY FACILITIES OF THE
COMPANY MAY BE ADJUSTED, REMOVED, OR RELOCATED, TO ACCOMMODATE AND FACILITATE
8562
J a�
THE CONSTRUCTION OF THE INTERCHANGE OF STATE HIGHWAY 286 RELOCATED AND
STATE HIGHWAY 358 INTERCHANGE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET-
INGS 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 DAY OF AUGUST, 1967.
ATTEST:
U THE CITY OF CORPUS CHRISTI, TEXAS
APPRO ED AS TO LEGAL FORM THIS
,DAY OF AUGUST, 1967:
CITAATT NE Y
VMP:8/15/67 -
- s
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT ENTERED INTO THIS DAY OF
1967, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, ACTING BY AND THROUGH ITS
DULY AUTHORIZED CITY MANAGER, UNDER ORDINANCE No. 8535 DATED THE 26TH OF
JULY, 1967, AND AS AMENDED BY ORDINANCE N0. DATED THE 16TH DAY OF
AUGUST, 1967, HEREINAFTER CALLED "CITY ", AND CENTRAL POWER & LIGHT COMPANY,
HEREINAFTER CALLED "OWNER ":
WI'TNESSETH_
A WHEREAS, CITY HAS, PREVIOUS TO THIS DATE, ACQUIRED PROPERTY-FOR-
STATE HIGHWAY 286 RELOCATED IN NUECES COUNTY, TEXAS; AND
WHEREAS, OWNER HAS ASSERTED AN INTEREST IN CERTAIN LANDS AFFECTED
BY THE IMPROVEMENT OF STATE HIGHWAY 286 RELOCATED AT ITS INTERSECTION WITH
STATE HIGHWAY 358s AND
WHEREAS, THE IMPROVEMENT OF THE INTERCHANGE AT THE INTERSECTION
OF THESE TWO HIGHWAYS WILL NECESSITATE THE ADJUSTMENT, REMOVAL OR RELOCATION
OF CERTAIN FACILITIES OF OWNER, LOCATED AS SHOWN ON THE ATTACHED SKETCH MARKED
EXHIBIT "A" AND MADE A PART HEREOF; AND
WHEREAS, THE CITY'S SHARE OF THE RESPONSIBILITY FOR THE COST OF
THE ADJUSTMENT OF OWNER'S FACILITIES IS 50% OF THE TOTAL COST, WHICH IS ��
Y ESTIMATED TO BE TWENTY -TWO THOUSAND FIVE HUNDRED"FORTY -EIGHT DOLLARS, ($22,5118):
NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN THE PARTIES HERETO
THAT OWNER-WILL-CARRY I OUT SUCH ADJUSTMENTS, REMOVALS OR RELOCATIONS AT THE
LOCATION SHOWN ON EXHIBIT "A" ATTACHED HERETO, IN CONSIDERATION OF THE PAY--
MENT BY CITY TO OWNER OF THE ESTIMATED AMOUNT OF ELEVEN THOUSAND TWO HUNDRED
SEVENTY -FOUR DOLLARS ($11,2711), OR FIFTY PERCENT (50 %) OF THE ACTUAL COST
OF SUCH ADJUSTMENTS, REMOVALS OR RELOCATIONS. ,
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT SUCH COMPENSATION SHALL
BE FORTHCOMING ONLY AFTER RECEIPT OF FINAL BILLING, ACCOMPANIED BY A CERTIFI-
CATE TO THE EFFECT THAT SUCH WORK HAS BEEN FULLY ACCOMPLISHED.
EXHIBIT "A"
IT IS FURTHER UNDERSTOOD AND AGREED THAT NO WORK WILL BE PERFORMED
UNDER THIS CONTRACT UNTIL CITY BY WRITTEN NOTICE, AUTHORIZES OWNER TO PRO-
CEED WITH THE NECESSARY ADJUSTMENTS REMOVAL OR RELOCATION OF ITS FACILITIES;
AND OWNER HEREBY AGREES TO PROSECUTE SUCH WORK DILIGENTLY TO COMPLETION IN
SUCH MANNER AS WILL NOT DELAY OR INTERFERE WITH THE IMPROVEMENT OF THE HIGH-
- WAY INTERCHANGE FOR STATE HIGHWAYS 2W RELOCATED AND 358.
-IT IS EXPRESSLY UNDERSTGOO,THAT THIS CONTRACT IS SUBJECT TO CAN-
CELLATION BY CITY AT ANY TIME UP TO THE DATE THAT WORK UNDER THIS CONTRACT
HAS BEEN AUTHORIZED IN WRITING BY CITY AND THAT SUCH CANCELLATION WILL NOT
CREATE ANY LIABILITY ON THE PART OF CITY.
EXECUTED IN DUPLICATE, EITHER ONE OF WHICH MAY BE CONSIDERED AN
ORIGINAL, THIS DAY OF 1967-
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY HERBERT W. WHITNEYp CITY MANAGER
APPROVED AS TO LEGAL FORM THIS
THE DAY OF AUGUST, 1967:
CITY ATTORNEY
ATTEST: CENTRAL POWER & LIGHT COMPANY
BY
SECRETARY
CORPUS CHRISTI, TEXAS /
16�AY 19
TO TO THE MEMBERS OF THE CITY COUNC I L
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING -
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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,,THEREFOP.E, '
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-,
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY, I
M YOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUS NDED BY THE FOLLOWING VOTE: �
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
J. A. "JACK" GRANr
P. JIMENEZ, JR., M.D.
G,ABE LOZANO, SR.
KEN McDANI EL
THE. ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR. `
J. A. "JACK" GRANT
P. JIMENEZ, JR., M. D.
GABE LOZANO, SR.
KEN MCDA NI EL