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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