HomeMy WebLinkAbout10748 ORD - 03/15/19723/13/72 MC ' !
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE UTILITY JOINT
USE AGREEMENTS WITH THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS HIGHWAY DEPARTMENT, FOR JOINT USE OF
ANY STATE -OWNED RIGHTS -OF -WAY, WITH THE TERMS AND CON-
DITIONS OF SUCH USE TO BE AS SET FORTH IN THE STANDARD
FORM CONTRACT OF THE TEXAS STATE HIGHWAY DEPARTMENT,
ATTACHED HERETO AND MARKED EXHIBIT "A "; 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
AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
UTILITY JOINT USE AGREEMENTS WITH THE STATE OF TEXAS, ACTING BY AND THROUGH
THE TEXAS HIGHWAY DEPARTMENT, FOR JOINT USE OF ANY STATE -OWNED RIGHTS -OF -WAY,
WITH THE TERMS AND CONDITIONS OF SUCH USE TO BE AS SET FORTH IN THE HIGHWAY
DEPARTMENT STANDARD FORM CONTRACT ENTITLED UTILITY JOINT USE AGREEMENT, MARKED
EXHIBIT "A ", AND ATTACHED HERETO.
SECTION 2. THE NECESSITY TO AUTHORIZE EXECUTION OF THE AFORESAID
AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER THAT CONSTRUCTION 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 BUT 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 AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE /� DAY OF MARCH, 1972•
ATTEST:
CITY SECRET
r a THE CITY OF CO PUS H ISTI, TEXAS
APPROVED:
/ /DAY OF MARCH, 1972:
MO CITY ATTORNEY
iC- 748
'exas Highway Department
Right of Way Division •'
Form D- 15 -24A
Page 1
UTILITY JOINT USE AGREEMENT,
(non - controlled access highway)
THE STATE OF TEXAS I
COUNTY --
X
PROJECT
COUNTY OF TRAVIS X
ACCT. N0,
HIGHWAY _
LIMITS:
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,
.;prgAQses,�to. retain, - locatesor_, reloc ate _ cR. titain „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
3nam 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, a:,.d 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
Right of Way Division
Form 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:
"�`Distric't'Engineer ' _
Right of Way Engineer
OWNER: THE CITY OF CORPUS CHRISTI
By `R. `MA R V I N'T04 N S E N D
Title CITY MANAGER
Date
ATTEST:
CITY SECRETARY
APPROVED:
DAY OF
_! "CITY ATTORNEY
Texas Highway Department
Right of Way Division
Form D- 15 -80A
Page 1
•
UTILITY JOINT USE AGREEMENT
(controlled access highway)
THE STATE OF TEXAS X - COUNTY
PROJECT
COUNTY OF TRAVIS ACCT. NO.
HIGHWAY
LIMITS: From
.To
WHEREAS, the State of Texas, hereinafter called the State, acting by and through
the Texas Highway Department, proposes eto make,certain highway improvements on ,
that section of the above indicated highway.
WHEREAS, the , he reinafter•calledµthe Owner,
proposes to retain,•locate or.reloCate certain of its'facilities and retain
title to any property rights it -may have on, along or acrossr,.and within or
over such limits of the highway right of way as indicated on
location sketches attached hereto except as j
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 otherwise under law has the right.to alter, modify or add to facilities
presently located within the area above described or construct additional facil-
ities 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, within 30 days 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 fiighway,- provided further, however,
that such regulations -shall not extend -to the requiring of the placement of
intended oveAead,lines underground or.the routing of,any lines outside of the
area of joint,usage above described.
OWNER hereby agrees that access for servicing it's facilities normally will be
limited to access via (a) Frontage roads where provided (b) Nearby or adjacent
public roads and'$treets, or (`c') Trails along-or near the highway right of way
lines, connecting only to an intersecting road; from any one or all of which
entry may be made to the outer portion of the highway right of way. Where supports,
manholes, or other appurtenances of the Owner's facilities are located in medians
or interchange areas, access to them from the through- traffic roadways or ramps
Exhibit !'A'!
Texas Highway Department
Right of Way Division
Form D- 15 -80A
Page 2
will be permitted but only by permits issued by the State to the Owner setting
forth the conditions for policing and other controls to protect highway users. If
an emergency situation occurs, and the usual means of access for service operations
as herein provided will not permit the immediate action required by the Owner in
making emergency repairs as required for the safety and welfare of the public, the
Owner shall have a temporary right of access to and from the through- traffic road=
ways and ramp as necessary to accomplish the required emergency repairs.
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 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 agreement, 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: THE CITY OF CORPUS CHRISTI
By
District Engineer
Right of Way Engineer
Date
R. Marvin Townsend
Title City Manager
Date
ATTEST:
City Secretary
APPROVED:
DAY OF
City Attorney
CORPUS CHRISTI, TEXAS //JJ
DAY OF , 19 zy
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 15 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.
ECTFUL1LY,
O
THE CITY Or COP/US/CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSvUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWI I VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR.
J. HOWARD STARK