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HomeMy WebLinkAbout13064 ORD - 03/10/1976�KH:oc:3 /9/76 • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NUECES COUNTY NAVIGATION DISTRICT NO. 1 FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF THE OBSERVATION DECK UNDER THE HARBOR BRIDGE OVERLOOKING THE PORT ENTRANCE, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HERE- OF, 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 to execute a contract with Nueces County Navigation District No. 1 for construction, maintenance and operation of the observation deck under the Harbor Bridge overlooking the Port entrance, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the aforesaid contract 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 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of March, 1976. ATTEST: � -City Secretary MAY (20, THE CITY OF CORPUS RISTI, AP VED: TEXAS DAY OF MARCH, 1976: I EMC., ASSX:ity Attorn 13064 AGREEMENT THIS AGREEMENT is made this day of , 1976, by and between the City of Corpus Christi, called "City ", and Nueces County Navigation District No. 1, called "District "; and WITNESSETH: WHEREAS, under date of , 19763 City entered into a Multiple -Use Agreement with the State High- way Department relating to the construction, maintenance and operation of an elevated, reinforced, concrete observation deck, parking facilities and landscaping on the highway right -of -way at the Harbor Bridge on the north side of the Corpus Christi Ship Channel; and WHEREAS, District has indicated its willingness to prepare or provide for the construction plans for the concrete observation deck and to provide for the construction, mainten- ance and operation of the observation deck, and it is the de- sire-of City and District to commemorate their understandings in this AGREEMENT. NOW, THEREFORE, in consideration of the premises, and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as here- inafter set forth, it is agreed as follows: I. . District agrees to assume and perform the obliga- tions of City under the Multiple -Use Agreement to prepare or provide for construction plans for the concrete observa- tion deck on the highway right -of -way, such plans to be pre- pared pursuant to the provisions of paragraph 1 of the said Multiple -Use Agreement and to be subject to approval by the State as therein provided. District agrees to assume the -1- construction, maintenance and operation of the concrete ob- servation deck. It is understood that the assumptions herein made shall only apply to the observation deck structure and shall not apply to the parking facilities and landscaped areas. II. City hereby assigns to District all of City's rights, titles and interest in the Multiple -Use Agreement insofar, and only so insofar, as the same apply or relate to the assump- tion and agreement by District of the obligation to prepare and provide plans and to construct, maintain and operate the concrete observation deck as hereinabove set out. III. District accepts such assignment and assumes all of the obligation and responsibility of City under the Multiple - Use Agreement insofar, and only so insofar, as relates to those portions thereof which have been assigned to District by City, as herein set forth. IN WITNESS WHEREOF the parties have hereunto fixed their signatures, the City on the day of , 1976, and District on the day of , 1976. CITY OF CORPUS CHRISTI By: ATTEST: City Manager City Secretary APPROVED AS TO LEGAL FORM this day of , 1976• City Attorney NUECES COUNTY NAVIGATION DISTRICT NO. 1 By: -2- Its Navigation and Canal Commissioners APPROVED AS TO LEGAL FORM this day of , 1976. Attorney for District The above and foregoing Assignment from City of Corpus Christi to Nueces County Navigation District No. 1 is hereby approved this day of , 1976. STATE OF TEXAS By: ATTEST: Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs (Title)heretofore approved by the State Highway Commission (Title) By: Engineer-Director APPROVAL RECOMMENDED: District Engineer Chief Engineer of Maintenance Operations Chief Engineer of Highway Des gn I= CORPUS CMRIBTI, TEXAS DAY OF 1 9® 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 SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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 THE CI'iY OF CORPUS CHRISTI, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ABES p , RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE E: