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HomeMy WebLinkAbout09760 ORD - 05/20/1970JKH;5 -20-70 L 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 -3- 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