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.
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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
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14939
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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
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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
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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:
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