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Home My WebLink About08669 ORD - 11/22/1967• IMS:JKH:11 -21 -67 • TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A STORM SEWER CONSTRUCTION AGREEMENT WITH THE STATE OF TEXAS, SAID CONSTRUCTION TO BE DESIGNATED AS THE RICHTER CHANNEL, CITY -STATE DRAINAGE OUTFALL PROJECT, AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $86,400.00 FOR PROJECT NO. 295- 67 -56, SAID SUM TO BE PLACED IN ESCROW WITH THE STATE, WHICH SUM REPRESENTS THE NOW ESTIMATED AMOUNT OF THE CITY'S PARTICIPATION; 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 A STORM SEWER CONSTRUCTION AGREEMENT WITH THE STATE OF TEXAS, SAID CONSTRUCTION TO BE DESIGNATED AS THE RICHTER CHANNEL, CITY -STATE DRAINAGE OUTFALL PROJECT, AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS 1H•EREBY APPROPRIATED OUT OF N0. 295 STORM SEWER BOND FUND THE SUM OF $86,1400.00 FOR PROJECT No. 295- 67 -56, SAID SUM TO BE PLACED IN ESCROW WITH THE STATE, WHICH SUM REPRESENTS THE NOW ESTIMATED AMOUNT OF THE CITY'S PARTICIPATION. SECTION 3. THE NECESSITY TO AUTHORIZE THE AFORESAID AGREEMENT AND TO APPROPRIATE THE AFORESAID SUMS AS PROMPTLY AS POSSIBLE IN ORDER THAT THE RICHTER CHANNEL, CITY -STATE DRAINAGE OUTFALL PROJECT MAY BE BEGUN AT THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING 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 RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY 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 • STOPM SMER CONSTRUCTION AGREIMENT STATE OF TEXAS OOUM OF NUECES Control: 617 -1 -28 Erojec,t: U 1113(19) 0 S.H.35S: Interchange with connections to S.H. 286 Nueces County This agreement, made this _ day of , 19_, by and between the State of Texas, represented by the State Highway Engineer, hereinafter 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 authorized 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 are cooperating in the construction of a controlled access highway on State Highway No. 358 from the S.H. 286 Interchange `*ith S.H. 358 eastward to Richter Street; and WHEREAS, said highway requires the construction of a storm sewer system for proper drainage; and WHEREAS, it is considered the States responsibility to provide said storm sewer drainage for said controlled access highway right of way and the frontage prop- erty which naturally drains to the said controlled access highway; and WHEREAS, the drainage of areas other than those that naturally drain to the controlled access highway is considered the financial responsibility of the City; and WHEREAS, it is in the public interest that the City and the State cooperate in the Construction of a storm sewer outfall to provide drainage for the entire area under consideration; and MEREAS, surveys, designs and cost estimates made cooperatively by the City and the State have determined: (1) the areas to be considered; (2) the storm sewer requirem:nts for the areas under consideration; and (3) the relative financial re- sponsibility of the City and the State; all of which are shown on a drawing marked Exhibit "A ", attached hereto and made a part hereof; and SFAS, it is deemed advisable that the City and State each disc'. .;e their respective responsibilities with regard to the construction of the storm border outfall by the City making all utility adjustments and by the State constructing the F ^eility and each party hereto paying for the cost of sections of the storm sewer an � einaFter -,Teed and as indicated on Exhibit "A ". t! A G R E E M E N T NOW, THEREFURE, it is agreed and understood that: • 1, The City will proceed at the earliest practicable date to secure at its ova expense: (1) the necessary Richter Street right of way; (2) all outfall drainage easements; (3) Ali railroad crossing easements; and (4) make all neces- sary utility adjustments on the Richter Street Storm Sewer Outfall beginning at the south right of way line of State Highway 358 and extending downstream to Oso Creek. The City agrees to give the State, at no cost to the State, all borrow material (channel excavation) found within the Richter Street Outfall Channel, which is re- moved to the approved lines and grades, except 5,000 C.Y. of channel excavation shown on Exhibit "A" to be stockpiled, for use in the construction of the State Highway 358 Interchange project. 2. The State will proceed at the earliest practicable date to construct at'its own cost and expense: _(1) the storm sewer system within the State Highway ,358 right of way; (2) the main outfall concrete box in Richter Street to a point approximately 2,500 feet south of State Highway 358; (3) the drainage structure under the Cabaniss Field railroad spur and State Highway 357 (Saratoga Boulevard); (4) the removal and replacing of railroad at Saratoga Boulevard; (5) removal of one large and one small structure at Saratoga Boulevard; (6) the removal of common channel borrow material; and (7) seeding on all channel dirt areas and concrete rip - rap as shown on Exhibit "A" for erosion control. 3, The State will also construct at City expense: (1) drainage structure under the Tex -Mex Railroad and Holly Road (including extra length of concrete box required because of restricted drainage easement width); (2) removal of two large structures, one south of Holly Road and one south of Saratoga Boulevard; (3) drainage structure under the Cabaniss Field Railroad Spur and Rostoryz Road where the Carroll Lane drainage channel joins the Richter Outfall Channel; (4) remove and replace railroad at Holly Road and Rostoryz Road areas; (5) concrete retards to step down the channel near Oso Creek; (6) stockpile 5,000 C.Y. of common channel excavation along side of Richter Channel in Cabaniss Field for use of U.S. Navy for erosion control, 4. The City will maintain all outfall channels, riprap, concrete boxes and other structures that are within the Richter Outfall Channel area and outside the limits of the rights of way of State Highways 358 and 357. The State will maintain the drainage system proposed for construction on State Highway 358 and the Richter Outfall Channel structure under State.Highway 357. 5, The City will indemnify the State against any and all damages and claims for damages against the State resulting from the operation and maintenance of the Richter Outfall Drainage Channel. All judgments for such damages of any trial court or such appellate court to which an appeal or request of the City has been taken, shall be paid by the City upon such judgment becoming final. 'Such payments shall include but are not limited to those damages resulting from injury to or death of persons or for loss of or damage to property and any and all court costs, attorneys fees and ex- penses related to or connected with any claims or suits for damages resulting from said operation and maintenance. If requested in writing by the State to do so, the City shall assist the State with or relieve _;.,:_State from defending any such suits brought against it. -2- 6. Upon completion of construction plans and estimates, the City shall deposit in escrow with the State, in accordance with a separate agreement, funds equal to the estimated amount of the City's participation. 7. It is agreed that engineering costs, including design, contract letting costs, surveying, inspection and supervision, shall be eight percent (87) of the 'final contract construction cost of the structures indicated on Exhibit "A" to be financed by City. B. At the completion of the construction project, the final participa- tion quantities will be mutually agreed to by the parties hereto, to which quantities shall be applied the contract prices to determine the actual financial responsibilities of these contracting parties. -3- LJ • IN WITNESS WHEREOF, the parties have hereto affixed their signatures, - the City of Corpus Christi on the day of 196 , and the State on the _ day of 196 CITY OF CORPUS CHRISTI By: HERBERT W. WHITNEY Title: CITY MANAGER ATTEST: City Secretary APPROVED-AS TO LEGAL FORM THIS THE DAY OF NOVEMBER , 196. 6: City Attorney -4- 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 program heretofore approved and authorized by the State Highway Commission: By: Executed as State Highway Engineer and approved for State Highway Commission RECIMMENDED FOR APPROVAL: District Engineer Bridge Engineer Chief Engineer of Highway Design � '0 November 20, 1967 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACTS AGREEMENTS OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 295 Storm Sewer Bond Fnd Project No. 295 -67 -56 $86.400 FUND FROM WHICH IT IS PROPOSED TO BE DRAWNp AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. A-, • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS Ll CORPUS CHRISTI TEXAS JJ DAY OF f 19a FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 COUNCILS 11 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 j:ZW40 RONNIE SIZEMORE � 2"o 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 LOZANOI SR. /,0/ y KEN MCDANIEL v -^ W. J. "WRANGLER" ROBERTS 7