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Home My WebLink About13766 ORD - 06/01/1977• jkh:5- 31 -77; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD COMPANY PROVIDING FOR JOINT CONSTRUCTION CONCERNING LOWERING 860 LINEAR FEET OF RAILROAD TRACK ON COMANCHE STREET AT CHICO STREET, RELATIVE TO PROJECT NO. 220- 72 -1.5, FUNDS FOR CITY'S COST OBLIGATIONS FOR SAID JOINT CONSTRUCTION HAVING BEEN APPROPRIATED BY ORDINANCE NO. 13667, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with the Missouri Pacific Railroad Company providing for joint construction concerning lowering 860 linear feet of railroad track on Comanche Street at Chico Street, relative to Project No. 220- 72 -1.5, funds for the City's cost obligations for said joint construction having been appropriated by Ordinance No. 13667, a substantial copy of the said agreement being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the agreement aforesaid in order that the project 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_/Ad day of June, 1977. ATTEST: C'tySecretary MAYOR THE CITY OF CORPUS CHRISTI, IDA D : Y OF JUNE, 1977: MICROFILMED J. BRUCE AYCOCK, CITY ATTORNEY JUL 0 7 1980 By Assistant CiV Attorney 13'76 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement is authorized by Ordinance No. , dated 1977, and is entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City ", and Missouri Pacific Railroad Company, a corporation, herein referred to as "Railroad ", and pertains to joint City and Railroad con- struction on Comanche Street Between Port Avenue and 19th Street in the City of Corpus Christi. The work is more fully set forth on plans (STR -555) on file in the office of -the Director of Engineering and Physical Development, City of Corpus Christi. The construction of Comanche Street is under contract to Asphalt Paving and Construction Company, said contract having been awarded by the City Council on March 2, 1977 (Project No. 220- 72 -1.5). City proposes to improve Comanche Street, which is intersected by Railroad's spur track No. 15, in Corpus Christi, Texas, by lowering the grade of said street, widening and repairing the same, to which the parties are agreed. NOW, THEREFORE, in consideration of the exchange of mutual covenants, each of which constitutes a good and valuable right, to be duly kept and performed, the City and the Railroad hereby agree as follows: 1. Railroad shall perform, or cause to be performed, the work of temporarily removing approximately 860 track feet of Railroad's spur track No. 15, and turnouts of Railroad's spur tracks Nos. 50 -87 and 50 -114 in connection with the lowering of the grade of Comanche Street, placing of new ballast over new subgrade, subsequent reconstructing of said tracks and turnouts and the installing of heavy -duty timber crossing in track No. 15, all at Railroad's cost. 2. City shall perform, or cause to be performed, the work of excavating the area located beneath the aforesaid tracks which will have been temporarily removed pursuant to Section] hereof, and of lime stabili- zation of the new subgrade, in connection with the lowering of the grade of Comanche Street, all at City's sole cost and expense. 3. Railroad shall also provide additional heavy -duty timber crossing to existing track crossing Comanche Street, approximately 260 feet west of spur track No. 15, as required by City's street improvement plans. 4. Railroad shall remove the 860 feet of track referenced in Item No. 1 herein upon one week's notice by City. Railroad shall replace the 860 feet of track upon 48 hours' notice by City. General location of the work covered by this agreement is shown in the sketch marked "Exhibit 'A' ", attached hereto and made a part hereof_ 5. This agreement shall be executed in duplicate originals and shall become effective upon execution and shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. EXECUTED this day of 1977. ATTEST: City Secretary APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ATTEST: Secretary CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager MISSOURI PACIFIC RAILROAD COMPANY By Vice President • Co. 47 J34.JZ Is O J. j r X.. HdWn Bras. .',MANCHE ST. :z r% .5 r-44 I as 4. 43 as ,? BC,51�� TRACT 07' c CoMANCHE mumm HOWARD ST. Railroed 77-haTc, By 7his Agri ent b' A, lo� HOWARD X, THOS. B. SOUTH GATE AOL CALDW ZT 1.1 w 0 MU T Corpus Christi, exas .�d day of 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, T AS The Charter rule was suspended by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley tit Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by th following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 13'766