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Home My WebLink About09893 ORD - 08/19/1970JKH:8 -19 -70 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY JOINT USE AGREEMENT WITH THE STATE OF TEXAS, ACTING FOR AND ON BEHALF OF THE STATE HIGHWAY DEPARTMENT, FOR THE RELOCATION OF AN 8 -INCH WATER MAIN CURRENTLY LOCATED IN PARK ROAD 22 AT THE INTRACOASTAL CANAL; 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 TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A UTILITY JOINT USE AGREEMENT WITH THE STATE OF TEXAS, ACTING FOR AND ON BEHALF OF THE STATE HIGHWAY DEPARTMENT, FOR THE RELOCATION OF AN 8 -INCH WATER MAIN CURRENTLY LOCATED IN PARK ROAD 22 AT THE INTRACOASTAL CANAL, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE EXECUTION OF THE AGREEMENT HEREINABOVE DESCRIBED IN ORDER THAT THE PROJECT MAY CONTINUE 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 BUT THAT SUCH ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH 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 THAT SUCH ORDINANCE TAKE EFEECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE �`9 �JI, DAY OF AUGUST, 1970. ATTEST: e�dz 4 - Z CITY SECREtARY APPROVED: DAY OF AU UST 1970: ACT NG CITY ATTORN THE CITY OF CORPUS CHRISTI, TEXAS y • • Texas Highway Department Right of Way Division Form D- 15 -24A Page 1 UTILITY JOINT USE AGREEMENT (non - controlled access highway) THE STATE OF TEXAS X COUNTY Nueces X PROJECT J.P.E. 156 COUNTY OF TRAVIS X ACCT. NO. I.P.E. 156 HIGHWAY Park Road 22 LIMITS: From the old toll Rate in Flour Bluff To Kleberg County line WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Highway Department, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the City of Corp ,c ehr4eL4 , hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on.phe -a }ans - ae4aehed -te- Help #pp Agreeme�E- as- exeetxbed- by- 9wRer -ea- eke------------ day -ef-- ---- ------ -----,--1-9-_, OF -oa location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner.by reason of ownership of an easement or fee title or other- wise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas Highway Department prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the Texas Highway Department, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the Texas Highway Department shall have the right, after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party herto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except 4 b Texas Highway Department Right of Way Division Form D- 15 -24A Page 2 1 as expressly provided herein, (1) The Owner's rights of access to the through - traffic roadways and /or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) The Owner and the State, by the execution of this agree- ment, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS HEREOF, the parties hereto have affixed their signatures. STATE OF TEXAS Texas Highway Department: OWNER: City of Corpus Christi By District Engineer R. Marvin Townsend Title City Manager Right of Way Engineer Date Date ATTEST: CITY SECRETARY APPR�D: DAY OF AUGUST, 970: A ING CITY ATTORN • TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas • Corpus Chrisri, exas l G ay of 19 7n 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: i r Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick "Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts.�__�� Ronnie Sizemore a The above ordinance was passed by the foll ing vote: Jack R. Blackmon � Gabe Lozano, Sr. / V. A. 'Dick" Bradley, Jr., Aazl ' Eduardo E. de Ases Ken McDaniel W. J. ','Wrangler" Roberts/ Ronnie Sizemore V -•i 7: