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HomeMy WebLinkAbout02503 RES - 04/07/1949A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, WHEREBY THE CITY ACCEPTS THE TERMS AND STIPULATIONS SET OUT IN THE MINUTES PASSED BY THE STATE HIGHWAY COMMISSION ON MARCH 29, 1949, WHEREIN CONSTRUCTION OF IMPROVEMENTS OF A PORTION OF PORT AVENUE WITHIN THE CITY LIMITS WAS AUTHORIZED; AND FURTHER AGREEING THAT THE CITY WILL nIN- TAIN THAT PORTION OF THE WORK WHICH IS ITS CONSTRUCTION RESPONSIBILITY AND SBALL DO ALL THINGS REQUIRED IN SAID MINUTES ABOVE DESCRIBED; AND DECLARING AN EMERGENCY. WHEREAS, the State Highway Commission passed the following order as reflected in the minutes of said Highway Commission on March 29, 1949, to -wit: "WHEREAS, in NUECES COUNTY in the City of Corpus Christi, the proper City officials have requested the designation of a State route along Port Avenue from State Highway 9 at Leopard Street to U. S. Highway 181 at or near Mesquite Street, a distance of approximately 1.58 miles, which would be an extension of the route of State Highway 286, and the improvement of the route from Morgan Street to Mesquite Street, a distance of approxi- mately 3.00 miles, under the provisions of the Municipal Policy of the Department, and WHEREAS, the studies made by the Department indicate the desirability of extending the designation to provide adequate highway traffic service in the area and to make the requested improvements; NOW, THEREFORE, IT IS ORDERED that the designation along Port Avenue from State Highway 9 to U. S. Highway 181 be and is hereby made, and upon acceptance of the provisions of this Order by the proper officials of the City of Corpus Christi, the State Highway Engineer is directed to proceed in the most feasible and economical manner with improvements from Morgan Street to Mesquite Street. The City of Corpus Christi will provide all necessary right- o.?vway clear of obstructions and free of property damage and will provide for the immediate construction of continuous curb and gutter, utility adjustments, storm sewers, etc., all as may be necessary for a complete project with the exception of pavement and its support, and will assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future. The Texas Highway Department will provide for widening and improvement of the pavement and its support at en esti- mated cost of $164,000.00. It is understood that the responsibility of the Texas Highway Department is confined to the pavement and its support and all other features necessary now or in the future to pro- vide an adequate travel facility shall be the responsibility of the City of Corpus Christi. a�� It is further agreed that the City of Corpus Christi will maintain that portion of the work which is its con- struction responsibility and will pass such resolutions, and ordinances in accordance with standard forms of the Highway Department to indemnify the State during and after construction against any and all liability or damage growing out of such construction, to regulate traffic, to provide for parallel parking and to prevent encroachment on the right -of- way. "; and, MMREAS, it is deemed necessary that the terms set out in said minutes be accepted by the City of Corpus Christi; RCPT, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS OFRIST2. TEXAS; SECTION 1. That the terms of said minutes above quoted, passed by the State Highway Commission on March 29, 1949, are hereby in all res- pects accepted and approved, and the City will maintain that portion of the work which is its construction responsibility and will pass such resolutions and ordinances in accordance with standard forms of the High- way Department to indemnify the State during and after construction against any and all liability or damage growing out of such construction, to regu- late traffic, to provide for parallel parking and to prevent encroachment on the right -of -way. SECTION 2. That the City Manager is hereby authorised and directed to do any and all things requisite to comply with the terms set out in said minutes hereinbefore mentioned of March 29, 1949. SECTION 3. The necessity for improving Port Avenue and the necessity for proper by -pass routes within the City creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or resolution shell be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this resolu- tion 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 RESOLVED. i r A RESOLUTION NO. PASSED AND APPROVED this day of April, A. D. 1949• ' ATTEST: 0 City of Corpus Christi, Texas city e APPR AS TO LEGAL POMI CC Attor y Corpus Christi, Texas April, 1949 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing resolution, a public emergency and imperative necessity exist for the sus- pension of the Charter rule or requirement that no ordinance or resolution shall be passed finally an the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council, I, there- fore, hereby request that you suspend said Charter rule or requirement and pass this resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, x MAXOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale G Geororgge R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above resolution was passed by the following vote: Wesley E. Seale �. George E. Clark, Jr, John A. Ferris �. R. R. Henry Joe T. Dawson � �3