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Home My WebLink About10284 ORD - 06/02/1971JKH:G -2 -71 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY JOINT USE AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS HIGHWAY DEPARTMENT, FOR JOINT USE OF PARK ROAD 22, FROM THE OLD TOLL GATE IN FLOUR BLUFF TO THE KLEBERG COUNTY LINE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A UTILITY JOINT USE AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS HIGHWAY DEPARTMENT, FOR JOINT USE OF PARK ROAD 22, FROM THE OLD TOLL GATE IN FLOUR BLUFF TO THE KLEBERG COUNTY LINE, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE AFORESAID JOINT USE _ AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS IN ORDER FOR THE CITY TO RELOCATE APPROXIMATELY 600 FEET OF 8 -INCH PIPE PRIOR TO THE TEXAS HIGHWAY DEPARTMENTS CONSTRUCTION OF PERMANENT HIGHWAY IMPROVEMENTS ON AND ALONG PARK ROAD 22, CREATES A PUBLIC EMER- GENCY 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 ORDINANCE 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 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 EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE,�[LAJDAY OF , 1971 MAYOR THE CITY OF CORPUS 44ISTI, TEXAS 10284 cas Highway Department ..fight of Way Division . Form D- 15 -24A Page 1 UTILITY JOINT USE AGREEMENT (non - controlled access highway) THE STATE OF TEXAS COUNTY Nueces X PROJECT IPE 203 COUNTY OF TRAVIS X ACCT. NO. IPE 203 HIGHWAY Park Road 22 LIMITS; From The Old Toll Gate in Flour Bluff To Klebere 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 Corpus Christi , 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 3DDMp 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 'exas Highway Department ight of Way Division Porm D- 15 -24A , Page 2 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: District Engineer Right of Way Engineer Date OWNER: THE CITY OF CORPUS CHRISTI By R. MARVIN'TOWNSEND Title CITY MANAGER Date 0 STATE OF TEXAS STATE HIGHWAY DEPT. Proposed State HA way Improvements .7h PARA' ROAD 22 FROM OLD TOLL GAT,- TO THE KLkBERG COUNTY LINE Rood�oy-16,483.77' I-IZ2 Mi- NET LENGTH OF PROJECT- ?7155.79' FT-7.037 MI —F—Bridges - 845.()0, 0.160 mi. NUECES COUNTY -N, i-:000 O\, >1 BEGIN PROJECT CORPUS C RISTA •It JO 0 CITY LIM ITS 2 'A IV A AD, g .H U) lb -W", � 0 G N ISkAVo CORPUS CHRISTI, TEXAS c� DAY OF-"--' 9_Z/ v 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 PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 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. PECTFULLY, • O O MAYOR THE CITY OF CORPUS TI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE a-t--f C_� CHARLES A. BONNIWELL ROBERTO BOSQUEZ GL• �P J REV. HAROLD T. BRANCH THOMAS V. GONZALES /,✓�C� //( � GABE LOZANO, SR. 1144L J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE �Cta / CHARLES A. BONNIWELL L��%y- ROBERTO BOSQUEZ G/Lj�:ry /CJ REV. HAROLD T. BRANCH G//(�_,-%� / /u/e THOMAS V. GONZALES (A"/.L� GABE LOZANO, SR. d1up /fI J. HOWARD STARK (�WI�