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Home My WebLink About08611 ORD - 09/21/1967i t AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE STATE OF TEXAS FOR CONSTRUCTION, RIGHT OF WAY AND MAINTENANCE IN CONNECTION WITH THE DEVELOPMENT OF AN ACCESS ROAD IN THE CITY OF CORPUS CHRISTI EXTENDING FROM THE NORTH GATE OF THE CORPUS CHRISTI NAVAL AIR STATION TO ALAIEDA STREET, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY ENGINEER, AS APPROVED AND AUTHORIZED BY THE STATE HIGHWAY COMMISSION, FOR THE CONSTRUCTION, RIGHT OF WAY AND MAINTENANCE IN CONNECTION WITH THE DEVELOPMENT OF AN ACCESS ROAD IN THE CITY OF CORPUS CHRISTI EXTENDING FROM THE NORTH GATE OF THE CORPUS CHRISTI NAVAL AIR STATION TO ALAMEDA STREET, A DISTANCE OF APPROXIMATELY 3.1 MILES, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY EXECUTE THE AFORESAID AGREEMENT IN ORDER TO AVOID ANY UNNECESSARY DELAY IN COMMENCING THIS PRO- JECT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE- QUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION a � 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 E1ERGENCY 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 SO ORDAINED, THIS THE 21ST DAY OF SEPTEMBER, 1967. . ATTEST• i> CITY/SECRETARY APPROVED AS TO LEGAL FORM Y R THE CITY OF CORPUS CHRISTI, TEXAS THIS 21STMAY OF SOTEMBER, 1967: CITY ATTORNEY 06il- AGREEMENT FOR CONSTRUCTION, RIGHT OF WAY AND MAINTENANCE STATE OF TEXAS Q COUNTY OF NUECES Q THIS AGREEMENT, made this day of , A. D., by and between the State of Texas, hereinafter called the "State ", party of the first part, and the City of Corpus Christi, of the County of Nueces and the State of Texas, acting by and through its City Manager as authorized by City Ordinance passed and approved on the • day of , A. D. , hereinafter called the "City ", party of the second part; WHEREAS, at the request of the Federal Government, the development of an access road in the City of Corpus Christi extending from the North Gate of the Corpus Christi Naval Air Station to Alameda Street, a distance of approximately 3.1 miles, has been determined to be essential and in the best interest of traffic handling, now THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: I . It is understood and agreed by and between the parties hereto that the City, by virtue of the provisions of ills Charter and the Laws of the State of Texas, has exclusive control and jurisdiction of all streets and public ways within the incorporated limits of said City, and the City has agreed and has consented to the construction of the ACCESS ROAD PROJECT HEREINABOVE NAMED, AND THE STATE, IN THE CONSTRUCTION OF THE ABOVE NAMED PROJECT, DOES SO AT THE SPECIAL INSTANCE AND REQUEST OF THE FEDERAL GOVERNMENT WITH APPROPRIATE CITY CONSENT. 2. THE STATE WILL PREPARE OR PROVIDE PLANS AND SPECIFICATIONS FOR THE SAID ACCESS ROAD PROJECT, AND PAY ALL THE ACTUAL CONSTRUCTION COSTS, INCLUD- ING ENGINEERING SUPERVISION OF CONSTRUCTION. 3. THE PLAN LAYOUT OR SCHEMATIC FOR THIS PROJECT, PREPARED BY THE STATE, SHOWING THE LOCATION, RIGHT -OF -WAY LIMITS AND GEOMETRIC DESIGN IS ATTACHED HERETO AND MARKED "EXHIBIT A" AND MADE A PART HEREOF. 4. THE CITY WILL FURNISH ALL RIGHT OF WAY FREE OF OBSTRUCTIONS, WILL ARRANGE FOR ADJUSTMENT OR REMOVAL OF EXISTING UTILITIES AND WILL MAINTAIN THE PROJECT UPON COMPLETION, ALL AT NO EXPENSE TO THE STATE. THE CITY AGREES TO LIMIT ABUTTING PROPERTY ACCESS ENTRANCES TO THE MINIMUM CONSIST- ENT WITH TRAFFIC SAFETY PRACTICES. 5. NOTHING IN THIS AGREEMENT INTENDS OR SHALL BE CONSTRUED TO PLACE ANY LIABILITY UPON THE CITY FOR PERSONAL INJURY INCURRED IN OR ARISING OUT OF THE CONSTRUCTION OF THIS PROJECT. IN TESTIMONY WHEREOF, THE PARTIES HERETO HAVE CAUSED THESE PRESENTS TO BE EXECUTED, THE CITY OF CORPUS CHRISTI ON THE DAY OF , AND THE STATE OF TEXAS ON THE DAY OF , CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY HERBERT W. WHITNEY, CITY MANAGER -2- 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 STATE HIGHWAY ENGINEER APPROVED AS TO LEGAL FORM THIS RECOMMENDED FOR APPROVAL: THE _ DAY OF ,1967: CITY ATTORNEY DISTRICT ENGINEER CORPUS CHRISTI, 15*111?11- r® r DAY OF �]9rrr� 1 9_...z TO THE MEMBERS OF THE CITY COUNCIL 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 PASSLD 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, 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS ,/ Tr s STATE HIGHWAY ENGINEER GN G. C. GREER „• RGIT. E „'G "Y TEXAS HIGHWAY DEPARTMENT P. O. Box 7708 Corpus Christi, Texas 78415 September 7, 1967 IN REPLY REFER TO FILE NO. N -AD 29(2) Control 916 -20 Nueces County Ocean Drive: From North Gate of the Corpus Christi Naval Air Station to Alameda Street in Corpus Christi Mr. Herbert W. Whitney City Manager P. 0. Box 1622 Corpus Christi, Texas 78403 Dear Mr. Whitney: By our letter of September 5, 1967, we forwarded an unexecuted agreement for the proposed improvements on Ocean Drive for the limits noted above but failed to include the schematic drawings. Attached hereto are three (3) copies of these schematics which have been approved by the Bureau of Public Roads. These show the layout of the proposed road and typical roadway section that is to be built. Also on the proposed schematics, approximate right of way requirements are indicated. This is for your information and guidance. Sincerely, Travis A. Long District Engineer District 16 BW:sbn S40 k Attachments (` n COMMISSION ATE HIGHWAY ENGINE D. C. OReERER HAL WOODWARD. CHAIRMAN TEXAS HIGHWAY DEPARTMENT —'- HERBERT C. PETRY, JR. J. H. KULTG EN Corpus Christi, Texas 78415 September 511 1967 IN REPLY REFER TO FILE NO. N-AD 29(2) Control 916 -20 Nueces County Ocean Drive: From North Gate of the Corpus Christi Naval Air Station to Alameda Street in Corpus Christi Mr. Herbert W. Whitney City Manager City of Corpus Christi Corpus Christi, Texas „ Dear Mr. Whitney: In order for us to proceed with the development of the improve- ment on Ocean Drive from North Gate of Corpus Christi Naval Air Station to Alameda Street in Corpus Christi, it will be neces- sary for us to execute an agreement with you similar to the attached agreement. Therefore, at your earliest convenience, please review and if it is satisfactory to your office, please execute the attached agreement in triplicate accompanied with an ordinance authoriz- ing the City Manager to execute the agreement. BW:mW Attachments SEP1067 RECE►VgC) City Manager Sincerely, Travis A. Lohg District Engine District 16 N