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Home My WebLink About10748 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