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HomeMy WebLinkAbout14939 RES - 06/06/1979• vp:6/5/-79:1st A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PERFORM ON-SITE INSPECTIONS AND SURVEYS OF BRIDGES UNDER THE JURISDICTION OF THE CITY OF CORPUS CHRISTI UNDER THE PROVISIONS OF PHASE 1 OF THE OFF -FEDERAL AID SYSTEM BRIDGE REPLACEMENT PROGRAM AND TITLE 23 OF THE UNITED STATES CODE AS AMENDED BY THE SURFACE TRANSPORTATION ACT OF 1978 FOR THE PURPOSE OF DEVELOPING INVENTORY AND APPRAISAL DATA LEAVING INTACT ALL RESPECTIVE RESPONSIBILITIES UNDER THE LAWS OF THE STATE OF TEXAS AND THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI. AS MORE FULLY DESCRIBED IN THE "AGREEMENT FOR STATE TO SURVEY, INSPECT, APPRAISE AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS", ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • BE IT RESOLVED 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 consent agreement with the State Department of Highways and Public Transportation to perform on-site inspections and surveys of bridges under the jurisdiction of the City of Corpus Christi under the provisions of Phase 1 of the Off -Federal Aid System Bridge Replacement Program and Title 23 of the United States Code as amended by the Surface Transportation Act of 1978 for the purpose of developing inventory and appraisal data leaving intact all respective responsibilities under the laws of the State of Texas and the pro- visions of the Charter of the City of Corpus Christi. as more fully described in the "Agreement for State to Survey. Inspect. Appraise and Inventory Bridges on Public Roads and Streets", a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to execute the aforesaid consent agreement in order that the on-site inspections and surveys of bridges under the juris- diction of the City may be commenced 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 that such emergency and necessity exist, and having requested the suspension of the MICROFILMED -AUL, 0 g \SN 14939 • • Charter rule and that this ordinance be passed finally on the date of its introduction and take effect from and after its passage, IT IS ACCORDINGLY SO RESOLVED, this the ATTEST: day of June, 1979. AP COVED: [p DAY OF JUNE, 1979: J. BRUCE AYCOCK, CITY ATTORNEY her,. � THE L" ► OF CORPUS CHRISTI, TEXAS • AGREEMENT FOR THE STATE TO SURVEY, INSPECT, APPRAISE AND INVENTORY BRIDGES'0N PUBLIC ROADS AND STREETS THIS AGREEMENT, made this day of , 19 , by and between the State Department ofiTighways and Public Transportation, Party of the First Part, hereinafter called the "Department", and , a local government, or governmen- tal agency or entity, Party of the Second Part, acting by and through its and by virtue of the authority shown on Exhib- it attached hereto and made a part hereof. WITNESSETH WHEREAS, the Party of the Second Part is owner of certain bridges on public roads and streets within its jurisdiction; and WHEREAS, Title 23, United States Code'as amended by the Surface Transportation Act of 1978, requires that an inventory, inspection and appraisal be completed of all highway bridges on public roads and streets; and WHEREAS, it is incumbent upon the Department to assure accomplish- ment of this work. AGREEMENT NOW, THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto to be by them respec- tively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The Party of the Second Part hereby grants permission to the Department or its contracted Consultant, to perform on-site surveys and inspections of bridges under its jurisdiction for the purpose of developing inventory and appraisal information and data, and further agrees to furnish available information and data concerning such bridges, to the Department. 2. A11 of the above described information and data shall be the property of the Department. However, such information and data will be provided to the Party of the Second Part upon request. 1 of 2 EX /I t3 I • -2- 3. Nothing herein is intended to change the respective respon- sibilities under the laws of this State of the parties hereto. It is expressly understood that the Department's responsibility shall be limited to the reasonably prompt conveyance of information and data described in 2 above to the Party of the Second Part. Respon- sibility for deciding upon the imposition of load restriction, clo- sure, repair or other such action, shall remain that of the Party of the Second Part. IN TESTIMONY WHEREOF, the parties hereto have caused these pre- sent to be executed in duplicate on the day above stated. PARTY OF THE FIRST PART: PARTY OF THE SECOND PART: DISTRICT ENGINEER, STATF. DEPART- MENT OF HIGHWAYS AND PUBLIC TRANSPORTATION By: CITY OF CORPUS CHRISTI, TEXAS Name of Government, or Goevern- mental Agency of Entity 'District Engineer District No. _ By: ATTEST: City Secretary APPROVED: DAY OF , 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney 2 of 2 R. Marvin Townsend— City Manager, Cit,_ of Corpus Christi Title of Executing Officia3-- Director of Finance • • Corpus Christi, Texas b day of , 19 ?q 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, THEITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky passed by the following vote: 14933