HomeMy WebLinkAbout09760 ORD - 05/20/1970JKH;5 -20-70
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
AGREEMENT, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, WITH THE STATE OF TEXAS AND NUECES COUNTY
CONCERNING THE DEVELOPMENT OF THE CLARKWOOD DRAINAGE
DITCH; AND DECLARING AN EMERGENCY.
WHEREAS, THE DRAINAGE DITCH SOMETIMES REFERRED TO AS THE CLARKWOOD
DRAINAGE DITCH, EXTENDING FROM A POINT NORTH OF TEX —MEX RAILWAY RIGHT OF
WAY SOUTHWARD ACROSS THE RAILWAY RIGHT OF WAY AND THE PRESENT STATE HIGHWAY
I 44 AND CONTINUING ON SOUTH TO THE OSO, IS OF INTEREST JOINTLY TO THE STATE
OF TEXAS, COUNTY OF NUECES AND THE CITY OF CORPUS CHRISTI; AND
b �
WHEREAS, EACH OF SAID GOVERNMENTAL BODIES HAS AN INTEREST IN
THE DEVELOPMENT OF THE SAID CLARKWOOD DITCH AND DRAINAGE FACILITY AND IT
IS DESIRABLE THAT IMPROVEMENT AND DEVELOPMENT OF SAID DITCH BE PROSECUTED
ON A COOPERATIVE BASIS BY SAID THREE AGENCIES, AND TO FACILITATE SUCH
JOINT DEVELOPMENT SAID AGENCIES HAVE AND DO HEREBY ENTER INTO AN AGREEMENT
SETTING FORTH THE ITEMS TO BE PERFORMED BY EACH RESPECTIVE AGENCY:
NOW, THEREFORE, 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
TO ENTER INTO A CONTRACT AGREEMENT WITH THE STATE OF TEXAS AND NUECES COUNTY
CONCERNING THE DEVELOPMENT OF THE CLARKWOOD DRAINAGE DITCH, A COPY OF WHICH
AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO IMMEDIATELY ENTER INTO THE AFORESAID
AGREEMENT IN ORDER THAT THE WORK MAY PROCEED WITHOUT DELAY 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 SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE
SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND
eJ 0 60
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS
THEoge ,DAY OF MAY, 1970.
ATTEST:
r A
CI SECRE ARY / AT
(/J /' THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
O DAY OF AY, 1970: _
CITY ATTORNEY
I
PROPOSED COITTRACT AGREEMENT
BETWEEN
THE STATE: OF TEXAS
NUECES COUNTY
THE CITY OF CORPUS CHRISTI
WHEREAS, the drainage ditch sometimes referred to as the
Clarkwood Drainage Ditch, extending from a point North of Tex -Mex
Railway right of way Southward across the railway right of way and
the present State Highway 44 and the proposed widened right of way
of State Highway 44 and continuing on South to the Oso, is of interest
Jointly to the State of Texas, County of Nueces and the City of
Corpus Christi; and
WHEREAS, each of said governmental bodies has an interest
in the development of the said Clarkwood Ditch and drainage facility
and it is desirable that improvement and development of said ditch
be prosecuted on a cooperative basis by said three agencies and to
facilitate such joint development said agencies have and do hereby
enter into the following agreement whereby each of the parties will
perform the items hereinafter mentioned. (See Exhibit I)
I. The City will perform the following actions:
(a) The City will acquire all right -of -way within the
limits of the Clarkwood Ditch inside the city limits,
including the right of the removal from the premises
of all earth moved in creating the drainageway.
(b) The City will adjust all gas and oil lines and other
utilities to elevations below the proposed Ditch, for
that portion of the right of way within the city limits.
(c) The City will relocate the 48" water line within the
existing easement.
(d) The City will remove and replace the existing structure
under the railroad at State Highway 44 or contract with
the Tex -Mex Railway Company for same.
(e) The City will participate on a percentage basis with
the State towards enlargement or removal and replace-
ment of the structure under State Highway 44.
(f) The City will arrange for clearance of the CP&L trans-
mission line in the portion of right of way inside the
City limits.
(g) The City will provide drainage structure connections
along the slope of the Ditch inside the city limits.
(h) Maintenance of the ditch after completion will be at
the expense of the City.
(i) Upon comp]etion of all of +the above items by the City,
the City will agree to commit all remaining bond re-
sources voted on this project to assessments in the
acquisition and relocation of utilities in the County
portion of the Projcct.
(j) The City will indemnify the State against any and all
damages and claims for damages against the State re-
sulting from the operation and maintenance of the Clark -
wood Drainage Ditch inside the city limits. All claims
for damages for which the State will expect indemnifica-
tion shall be forwarded to the City promptly upon receipt
by the State and upon service of citation in any suit for
damages, a copy of such citation shall promptly be for-
warded to the City and unless the City declines to assist
the State in the defense of any such action the City shall
join with the State in such defense. No settlement will
be made by the State without concurrence of the City. All
final judgements in the trial court, which judgements have
not been appealed, or if appealed, have become final, and
all settlements approved by the City, in which the fore-
going procedure has been followed shall. be paid by the
City. Such payments shall include, but are not limited
to, those damages for which State is legally liable, re-
sulting from injury to or death of persons or for loss
of or damage to property and any and all court costs,
attorney's fees and expenses related to or connected with
any claims or suits for damages resulting from said opera-
tion and maintenance.
11. The County will perform the following actions:
(a) The County will acquire all right of tray outside the City
limits, including the right of removal from the premises
of all earth moved in creating the drainageway.
(b) The County will relocate all gas, oil and utility lines
outside the city limits and along the right of way.
(c) The County will construct at their cost two County Bridges
as well as a bridge crossing at Parcel No. 9 in the Ditch
right of way outside the city limits.
(d) The County will relocate the CP&L transmission line where
this line is located along the Ditch right of way outside
the city limits.
(e) The County will provide drainage structure connections
along the slope of the Ditch in the portion outside the
city limits.
(f) The County will indemnify the State against any and all
damages and claims for damages against the State resulting
from the operation and maintenance of the Clarkwood Drainage
Ditch outside the city limits. All judgements for such
damages of any trial court or such appellate court to which
an appeal or request of the County has been taken, shall be
paid by the County upon such judgement 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, attorney's
fees and expenses 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 County shall
assist the State with or relieve the State from defending any
such suits brought against it.
III. The State of Texas will perform the following actions.
(a) The State will excavate this ditch to the lines, grades and
width approved by the City, County and State.
-2-
(b) The State will use tt;e excavation to construct e
ments on RtatP ��
Higin;3�. ��, embank-
The The State will provide necessary erosion control by
seeding the Ditch upon completion of excavation.
(d) The State 4ri11 construct a concrete retard in ditch
near Oso Creek end of channel.
(e) The State will participate on a percentage basis with
the City towards enlargement or removal and replacement
Of the structure under State Highway 44.
IV. Should it be determined that any acts or construction items
be added or other matters arise which need to be assigned to one or more
of the parties hereto, such assignments will be made by exchange of letters.
V. Each of the parties hereto will perform the acts assigned to
them in accordance with a performance schedule worked out by mutual arrange-
ment and approved by all of the parties hereto.
IN WITNESS WHEREOF the
s parties have hereto affixed their
signatures, the City of Corpus Christi on the __day of
Nueces County on the 'day of , 1970,
,day, of ) 1970, and the State on the
1970.
CITY OF CORPUS CHRISTI
THE STATE OF TEXAS
Certified as being executed for the
BY: Purpose and effect of activating and
I carrying out the orders, established
Title: policies, or work ro
approved and authorize heretofore
ATTEST: highway Commission: Y the State
City Secretary
APPROVED AS TO LEGAL FORM THIS gTF
,DAY OF
lg
City Attorney
MECE.S COUNTY
By:
Title:
County Clerk
APPROVED AS TO LEGAL FORM THIS THE
DAY OF ,19
County Attorney
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By:
Executed as State Hi
and approved for statteSHighwagineer
Commission y
RECOMMMD FOR APPROVAL
District Engineer
Bridge Engineer
Chief Engineer of Highway Design
Corpus Christi, Texas
day of G� , 19%6
TO THE NENBERS 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 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,
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,
T R
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick"Bradley, Jr.
Eduardo E. de Ases i
Ken McDaniel
W. J. "Wrangler" Roberts ,
Ronnie Sizemore
The above ordinance was passed by the fo owing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A, "Dick" Bradley, Jr.
r
Eduardo E. de Ases `
Ken McDaniel
W. J. 'Wrangler" Roberts
r
Ronnie Sizemore