HomeMy WebLinkAbout03179 ORD - 12/04/1951AN ORDINANCE
AUTHORIZING AND DIRECT11IG THE CITY MANAGER TO EXECUTE
CONTRACTS BY AND,PETGJEEN THE STAVE OF TEXAS, STATE.. ,
HIG5VAY,DEPARTMENT AND THE,CITX_OF CQRPUS CHRISTI OR
THE' LAR' AI .PI, p IAL POR ROAD BUILDING. _
PURPOSES. ON P.$._E105VAY NO. 25, EATENDING. FROM U. S.
HIGHJPAY 'N0. 59 AT THE NUECES RIVER TO L9.AE CORPUS
CHRISTI PARK ENTRANCE IN SAN PATRICIO COUNTY AT THE
SITE6,ON CITY PROPERTY DESCRIBED IN.SAID CONTRACTS,
VV4gH CONTRACTS ARE,ATT$CHED_H]�O; ACID DECLARING AN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized and directed to
execute for and on behalf of the City of Corpus Christi, contracts by and between
the State of Texas State Highway Department and the City of Corpus Christi for
the purchase of'caliohe material for road building purposes on P.R. Highway No. 25,
extending from U. S. Highway No. 59 at the Nueces River to We - Corpus Christi
Park Entrance in San Patricio County at the sites on city property described in
said contracts, which contracts are attached hereto and made a part hereof.
SECTION 2. The fact that it is of beneficial ihterest to the City of
Corpus Christi to execute contracts between the State of Texas State Higkrv+ay
Department and the City of Corpus Christi for the purchase of caliche materials
from sites of city property 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 aate it is introduced and that such
ordinance or resolution shall 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
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 ORDAINED.
PASSED AND APPROVED this day of �GG�G A. D. 1.
MAYOR ... ...... .
TEST: The City of Corpus - Christi, Texas
Gity.Seeretary. . .
APPROVED AS TO LEGAL FORM:
_. !� Wttorney,
AGREEMENT
for purchase of
ROAD MATERIAL
by and between
the
STATE OF TEXAS
STATE HIGHWAY DEPARTMENT
and
(Name)
_Corpus Christi, Texas
(Mailing Address)
#X�mmm
F.A.P. No.
S. P. No.
Highway No. P.R. No. 25
San Patricia County
Type of Material:
Caliche
Type of Proposed Work:
Flexible Base
M -7 -49 -1785 I
STATE OF TEXAS
COUNTY OF
This agreement it made this day of
19 - 51, by and'between The City of Corpus Christi
his t eir executors, administrators, eirs, successors or assigns, hereinafter re-
ferred to as the Party of the First Part, and the State of Texas, State Highway De-
partment, acting through its State Highway Engineer, hereinafter referred to as the
Party of the Second Part.
Whereas, the Party of the Second Part contemplates the utilization of
acceptable Caliche material for road building
purposes on p,R ig way o.�, a en ing rom U.S. Fiwv, No. 59 at the
Nueces River to Lake Corpus Christi, Park Entrance
s;,; in San Patricio County, and for no other purpose.
Whereas, preliminary investigations have indicated that acceptable
material of this nature is available from lands hereinafter described, owned/con-
trolled by the Party of the First Part, and
Whereas, the Party of the First Part desires to sell any or all of this
acceptable material:
Witnesseth: The Party of the First Part for, and in consideration of
one dollar ($1.00) and other valuable considerations, receipt of which is hereby ac-
knowledged, does hereby agree to hold for the exclusive use of the Party of the
Second Part, its agent or Contractor, all Caliohe
material occurring on said lands, hereinafter described, and to sell any or all of is
material that may prove acceptable to the Party of the Second Part at the unit royalty
price of �'p p p per cubic yard. The Party of the First Part
hereby further agrees to indemnify ana save harmless the Party of the Second Part
from any and -all damage, or loss, that may develop from existing mortgages or liens
on the lands hereinafter described, but the rights hereby .granted are subject to the
lease now existing between the City and the State Park Board.
The Party of the Second Part agrees to pay for all accepted material at
the unit royalty rate designated above by the Party of the First Part. Only one royal-
ty payment will be made for each project involved. This /these royalty payment (s)
will be made at such time as the /each project is finaled. No royalty payment will be
made for strippings of quarry or other unsuitable material, whether at quarry or
delivered on the road.
It is mutually agreed that payment will be made only for acceptable
material, measured loose measurement in vehicles as delivered at points on the
road designated by the duly authorized representative of the Party of the Second
Part. It is further mutually agreed and understood that the agents of Contractors
for the Party of the Second Part are to have free ingress to and egress from said
lands, hereinafter described, for the purpose of excavating and removing said mate-
rial. All fences, gates and other existing improvements on the said lands, herein-
after described, after removal of all material desired by the Party of the Second
Part, shall be placed in a condition comparable in repair to their former state by
the Party of the Second Part, its agent or Contractor. All equipment placed on said
lands by the Party of the Second Part, its agent or Contractor, to assist in the re-
moval of said material, shall be removed by the Party of the Second Part, its agent
or Contractor, upon the abandonment of the quarry.
M -7 -49 -1785 2
It is further mutually agreed and understood that should the Party
of the First Part at any time consider the maintenance of watchman or the
erection of additional fences, cattle guards, etc., necessary to safeguard his
their land, improvements, livestock, etc., against possible damage or loss
during quarry operations, all arrangements and costs incident thereto shall be
the entire responsibility of the Party of the First Part. Any such safeguards
considered necessary by the Party of the Second Part shall be the entire re-
sponsibility of the Party of the Second Part.
This agreement shall expire ,2 year(s) from the date of execu-
tion unless the Party of the Second Part at tt —I time has under contract or has
issued work order for construction of the project or projects hereinbefore de-
,, scribed, in which event this agreement shall remain in effect until all such
material desired by the Party of the Second Part for construction of said proj-
ect or projects has been removed and the conditions hereinbefore stated have
been fulfilled.
Location and description of lands hereinbefore mentioned (Give
such information as is necessary to establish the location and limits of the
source of material in a manner satisfactory and understandable to both parties):
Source e3ng a portion of the City of Corpus 6hristi land located near the
! Administration Building in Lake Corpus Christi Park and being more particularly
described as follows:
Beginning at a point for the S.W. corner of said parcel of land and from which
point the East corner of the Administration Building bears S 410001Vd a distance of
e� 438 Ft., said point being approximately 50 Ft. East of centerline of Park Road;
Thence with boundry of pit S 470051E a distance of 235 Ft. to a point for
the S.E. corner;o
Thence N 230161E a distance of 155 Ft.;
Thence N 10 ;9'E a distance of 108 Ft, to a point for the N.E. corner;
Thence N 64 571W a distance of 100 Ft, to a point for the N.W. corner, said
point being approximately 50.0 Ft. East of centerline of Park Road;
Thence S 410001iV a distance of 180 Ft, to the point of beginning and contains
in all 1 acre of land, more or less.
married, o us an Recommended for approval:
and wife should sign)
Witness:
Resident Engineer
District Zngineer
Engineer Road Design
M -7 -49 -1785 3 Engineer Land Service Roaas
7
AGREEMENT
for purchase of
ROAD MATERIAL
by and between
the
STATE OF TEXAS
STATE HIGHWAY DEPARTMENT
and
The City of Cor us Christi
ame
Corpus Christi Tex
ai ing as ress
F.A.P. No.
S. P. No.
Highway No, P.R. No. 25
San Patricio County
Type of Material:
Caliche
Type of Proposed Work:
Flexible Base
M -7 -49 -1785 I
8 ,
STATE OF TEXAS
COUNTY OF
This agreement ig made this day of ,
19 by and" between The Cit of Cor us Christi
his�heir executors, a ims ra ors, ears, successors or assigns, hereinafter re-
ferred to as the Party of the First Part, and the State of Texas, State Highway De-
partment, acting through its State Highway Engineer, hereinafter referred to as the
Party of the Second Part.
Whereas, the Party of the Second Part contemplates the utilization of
acceptable Caliche material for road building
purposes on P.R. Highway No. 25 a en ing rom U.S. Hwy. No. 59 ht the
Nueces River to Lake Corpus Christi Park Entrance
in San Patricio County, and for no other purpose.
Whereas, preliminary investigations have indicated that acceptable
material of this nature is available from lands hereinafter described, owned/con-
trolled by the Party of the First Part, and
Whereas, the Party of the First Part desires to sell any or all of this
acceptable material:
Witnesseth: The Party of the First Part for, and in consideration of
one dollar ($1.00) and other valuable considerations, receipt of which is hereby ac-
knowledged, does hereby agree to hold for the exclusive use of the Party of the
Second Part, its agent or Contractor, all C iohe
ina
material occurring on said lands, here er escri e , and to sen any or all o is
material that may prove acceptable to the Party of the Second Part at the unit royalty
price of 'O. D0 per cubic yard. The Party of the First Part
hereby further agees to inoemnity an save harmless the Party of the Second Part
from any and all damage, or loss, that may develop from existing mortgages or liens
on the lands hereinafter described, but the rights hereby granted are subject to the
lease now existing between the City and the State Park Board.
The Party of the Second Part agrees to pay for all accepted material at
the unit royalty rate designated above by the Party of the First Part. Only one royal-
ty payment will be made for each project involved. This /these royalty payment (s)
will be made at such time as the /each project is finaled. No royalty payment will be
made for strippings of quarry or other unsuitable material, whether at quarry or
delivered on the road.
It is mutually agreed that payment will be made only for acceptable
material, measured loose measurement in vehicles as delivered at points on the
road designated by the duly authorized representative of the Party of the Second
Part. It is further mutually agreed and understood that the agents of Contractors
for the Party of the Second Part are to have free ingress to and egress from said
lands, hereinafter described, for the purpose of excavating and removing said mate-
rial. All fences, gates and other existing improvements on the said lands, herein-
after described, after removal of all material desired by the Party of the Second
Part, shall be placed in a condition comparable in repair to their former state by
the Party of the Second Part, its agent or Contractor. All equipment placed on said
lands by the Party of the Second Part, its agent or Contractor, to assist in the re-
moval of said material, shall be removed by the Party of the Second Part, its agent
or Contractor, upon the abandonment of the quarry.
M -7 -49 -1785 2
It is further mutually agreed and understood that should the Party
of th,: First Part at any time consider the maintenance of watchman or the
erection of additional fences, cattle guards, etc., necessary to safeguard his
their land, improvements, livestock, etc., against possible damage or loss
during quarry operations, all arrangements and costs incident thereto shall be
the entire responsibility of the Party of the First Part. Any such safeguards
considered necessary by the Party of the Second Part shall be the entire re-
sponsibility of the Party of the Second Part.
This agreement shall expire 2 year(s) from the date of execu-
tion unless the Party of the Second Part at tRat time has under contract or has
issued work order for construction of the project or projects hereinbefore de-
scribed, in which event this agreement shall remain in effect until all such
material desired by the Party of the Second Part for construction of said proj-
ect or projects has been removed and the conditions hereinbefore stated have
been fulfilled.
Location and description of lands hereinbefore mentioned (Give
such information as is necessary to establish the location and limits of the
source of material in a manner satisfactory and understandable to both parties):
Source No. 1
Being a portion of the City of Corpus Christi land located near the
Administration Building in Lake Corpus Christi Park and being more par-
ticularly described as follows.:
Beginning at a point for the South corner of said parcel ofland, from
which point the North corner of the Administration Building bears due South !I
635 Ft., said corner also being approximatly 50 Ft. West of centerline of
Park Road;
Thence N 24001E a distance of 400 Ft, to a point for the East corner,
said corner being approximatly 50 Ft. from centerline of Park Road;
Thence N 66 O'W a distance of 150 Ft, to a point for the North corner;
Thence 8 24001W a distance of 400 Ft. to the point for the West corner;
Thence S 6600'a distance of 150 Ft. to the point of beginning and con-
tains in all 1.377 acres of land, more or less.
married, o us an ecommen ed°for appr.-
and wife should sign) ~-
Witness:
Resident ngineer
District Engineer
Engineer Road Design
M -7 -49 -1785 3 Engineer Land Service Roads
Corpus Christi, Texas
1967
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
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 shall be read at three meetings of the City Council; I, therefore,
hereby 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,
ALAAAA&�
M YOR
City of Corpus Christi, Texas
The Charter rule was suspended by
the following vote:
Leslie Wasserman
.f
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon �e
George L. Lowman
Frank E. Williamson
3i -79