Loading...
HomeMy WebLinkAbout10331 ORD - 06/30/1971JRR:vMP:6 /30/71 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, 1958, AS AMENDED, TO ESTABLISH THE DEPARTMENT OF ENGINEERING SERVICES OF THE CITY OF CORPUS CHRISTI; CREATING THE OFFICE OF DIRECTOR OF ENGINEERING SERVICES; DEFINING THE FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF SAID DEPARTMENT, INCLUDING THE ASSIGNMENT TO THE DEPART- MENT OF ENGINEERING SERVICES AND ITS DIRECTOR CERTAIN AUTHORITIES AND DUTIES OF THE DEPARTMENT OF PUBLIC WORKS AND ITS DIRECTOR DESCRIBED IN THE CITY CHARTER, ART. IV, SECS. 41 AND 42, AND ART. V, SEC. 6; PARTICULARLY AMEND- ING IN THE SAID CODE CHAPTER 34, ART, 11, PRIVATE DRIVE- WAYS, CHAPTER 34, STREETS AND SIDEWALKS, SECTIONS 34 -13, 34 -15, 34-16, 311 -17, 334 -18, AND 34 -20, CHAPTER 38, UTILITIES; SECTIONS 38 -26.5, 38 -55, 38 -565 38 -715 38 -75, 38 -76 AND 38 -85, AND PARTICULARLY klENDING THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE NO. 4168, AS AMENDED, BY AMENDING IN SAID ORDINANCE SEC. I1. C.1. (,1) (1) AND C. , SEC. IV.A.16, SEC. V.A.1. AND 2., 13.2.(8), B.6., i. B.Z9., C., AND SEC. VI.D; PROVIDING SEVERABILITY; AND p DECLARING AN EMERGENCY. WEREAS,iTHE CITY COUNCIL HAS HERETOFORE APPROVED THE RECOMMEN- DATION OF THE CITY MANAGER FOR THE ESTABLISHMENT OF A NEW DEPARTMENT OF THE CITY GOVERNMENT TO BE CALLED THE DEPARTMENT OF ENGINEERING SERVICES AND THE CREATION OF THE POSITION OF DIRECTOR THEREFOR: AND P WHEREAS, THE CITY COUNCIL HAS FARTHER APPROVED THE CITY MANAGER'S RECOMMENDATION THAT CERTAIN ENGINEERING, CONSTRUCTION, AND ALL RIGHT -OF -WAY ACTIVITIES BE TRANSFERRED FROM THE DEPARTMENT OF PUBLIC WORKS AND ASSIGNED TO THE DEPARTMENT OF ENGINEERING SERVICES_: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY ESTABLISHED IN THE CITY GOVERNMENT "THE DEPARTMENT OF ENGINEERING SERVICES ". SECTION 2. THERE IS HEREBY CREATED THE OFFICE OF DIRECTOR OF ENGINEERING SERVICES, THE HEAD OF THE DEPARTMENT OF ENGINEERING SERVICES. THE DIRECTOR SHALL BE AT LEAST THIRTY (30) YEARS OF AGE AND A LICENSED PROFESSIONAL ENGINEER OF THE STATE OF TEXAS. HE SHALL BE APPOINTED BY THE CITY MANAGER AND SHALL ALSO SERVE AS AN EX OFFICIO MEMBER OF THE CITY PLANNING COMMISSION. HE SHALL BE BONDED PURSUANT TO CITY CHARTER, ART. IV, -SEC. 42. • :r SECTION 3. IT SHALL B 2 E THE FUNCTION OF THE DEPARTMENT OF , ENGINEERING SERVICES TO EFFECT PREPARATION OF ENGINEERING AND DESIGN PLANS AND SPECIFICATIONS FOR ALL CONSTRUCTION OF THE CITY UNDER CONTRACT, Y J. Q33A F, I SUPERVISE CONSTRUCTION CONTRACT ADMINISTRATION, DIRECT AND PERFORM CITY RIGHT-OF -WAY ACTIVITY, INCLUDING NEGOTIATION, AND APPROVE AND COORDINATE PLATTING OF LAND FOR THE CITY. ENGINEERING PLANNING FOR ENVIRONMENTAL CONTROL AND LIAISON WITH OTHER CITY OFFICES AND AGENCIES FOR IMPLEMENTATION OF SUCH PLANNING SHALL BE A FUNCTION OF THE DEPARTMENT. ALL CITY PAVING AND OTHER PUBLIC IMPROVEMENT ASSESSMENT ACTIVITY, OTHER THAN THAT PERFORMED BY THE LEGAL, FINANCE, AND TAX DEPARTMENTS, SHALL BE PERFORMED BY THE ,DEPARTMENT. THE DEPARTMENT SHALL PERFORM SUCH OTHER FUNCTIONS AND DUTIES AS IT I4AY BE ASSIGNED BY ORDINANCE. SECTION 14. THE ENGINEERING AND CONSTRUCTION DIVISION OF THE DEPARTMENT OF PUBLIC WORKS IS HEREBY TRANSFERRED TO THE DEPARTMENT OF ENGINEERING SERVICES AND THE DIRECTION AND CONTROL OF STREET CONSTRUCTION SHALL BE THE *RESPONSIBILITY OF ENGINEERING SERVICES. THE DIRECTOR SHALL BE THE CUSTODIAN OF, AND RESPONSIBLE FOR, ALL MAPS, PLANS, PROFILES, FIELD NOTES AND OTHER RECORDS AND MEMORANDA BELONGING TO THE CITY PERTAINING TO HIS OFFICE AND THE :.0 ^Y. THEREOF, WITH FULL INDEXES THEREOF AND CHALL TURN OVER THE SAME TO HIS SUCCESSOR, WHO SHALL GIVE HIM DUPLICATE RECEIPTS THEREFOR, ONE OF WHICH HE SHALL FILE WITH THE DIRECTOR OF FINANCE. ALL WORK PRODUCT OF PROFESSIONAL WORK DONE BY HIM OR UNDER HIS DIRECTION AND CONTROL, DURING HIS TENURE, SHALL BE THE EXCLU- SIVE PROPERTY OF THE CITY. HE SHALL HAVE DIRECT SUPERVISION AND CHARGE OF THE PLANNING, OPENING, AND CONSTRUCTION OF ALL STREETS, BOULEVARDS, ALLEYS, SIDEWALKS, AND PUBLIC WAYS, AND ALL OTHER PUBLIC IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION OF PUBLIC BUILD114GS BELONGING TO OR USED BY THE CITY. SECTION 5. WHEREVER IN THE CITY CODE OF ORDINANCES, 1958, AS AMENDED, CHAPTER 34, ART. 11, PRIVATE DRIV'E'WAYS, CHAPTER 314, STREETS AND SIDEWALKS, SECTIONS 34 -13, 34 -15, 34 -i6, 34 -17, 34 -18, AND 34 -20, AND IN CHAPTER 38 THEREOF, UTILITIES, SECTIONS 38 -26.5, 38 -55, 38 -56, 38 -71, 38-75, 38 -76, AND 38 -85, THE WORDS "DIRECTOR OF PUBLIC WORKS ", "DEPARTMENT OF PUBLIC WORKS", OR "DIRECTOR OF PUBLIC WORKS, OR HIS DULY AUTHORIZED REPRE- SENTATIVE" ARE USED, THE SAME ARE HEREBY RESPECTIVELY AMENDED TO READ, "DIRECTOR OF ENGINEERING SERVICES", IIDEPARTMENT OF ENGINEERING SERVICES", -2- 1 OR "DIRECTOR OF ENGINEERING SERVICES, OR HIS DULY AUTHORIZED REPRESENTATIVE" AS THE CASE MAY BE. SECTION 6. WHEREVER IN THE CITY OF CORPUS CHRISTI PLATTING ORDINANCE NO. 4168, AS AMENDED, IN SECTION 11. C.1. (J) (1) AND C.3, AND IN SECTION IV, A.16, SECTION V.A.I. AND 2., B.2. (B), 8.6., B.8., C., AND SECTION VI.D THEREOF, THE WORDS "DIRECTOR OF PUBLIC WORKS", "DEPARTMENT OF PUBLIC WORKS", OR "DIRECTOR OF PUBLIC WORKS, OR HIS DULY AUTHORIZED REPRE- SENTATIVE" ARE USED, THE SAME ARE HEREBY RESPECTIVELY AMENDED TO READ - "DIRECTOR OF ENGINEERING SERVICES ", "DEPARTMENT OF ENGINEERING SERVICES", OR "DIRECTOR OF ENGINEERING SERVICES, OR HIS DULY AUTHORIZED REPRESENTATIVE", AS THE CASE MAY BE. SECTION 7. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 8. THE NECESSITY TO AMEND THE CITY CODE AS HEREINABOVE PROVIDED IN ORDER TO SEPARATE THE ENGINEERING AND RIGHT —OF —WAY RESPONSIBILI- TIES FROM DEPARTMENT OF PUBLIC WORKS AND PLACING THEM IN DEPARTMENT OF ENGINEERING SERVICES AT THE EARLIEST PRACTICABLE 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 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 EFFECT FROM AND AFTE ZITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 3 _wu DAY OF 1 y:�LLsLlj , 1971 . ATTEST* t CITY SECR TAR MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF NE 1971: SILL �� CITY ATTORNEY CORPUS CHRISTI, TEXAS 20M, DAY OF 71 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; 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, S MAYOR / THE CITY OF CORP& HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE % CHARLES A. BONNIWELL ROBERTO BOSQUEZ Gti%Ca Q� REV. HAROLD T. BRANCH ✓ /��,/�p_ THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK ( Lc4 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE r CHARLES A. BONNIWELL ✓ �C� ROBERTO BOSQUEZ REV. HAROLD T. BRANCH / THOMAS V. GONZALES J / J GAGE LOZANO, SR. J . HOWARD STARK