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Home My WebLink About03990 ORD - 12/15/1954MLD - 12-15-54 AN ORDINANCE ' - - AUTHORIZING AND DIRECTING THE MAYOR AND CITY ' RI Yr-0. Q D HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCE. BE IT ORDAINED BY THE CITY CGUNCIL CF THE CITY OF CORPUS t CHRISTI TEXAS: SECTION 1. THAT THE MAYOR AND CITY MANAGER ARE HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF TPE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREE14ENT WITH THE UNITED STATES OF AMERICA IN CONNECTION WITH THE REMOVAL AND RELOCATION OF THE BASCULE BRIDGES A COPY OF WHICH AGREEME14T 15 ATTACHED HERETO AND MADE A PART HEREOF WHICH NEW AGREEMENT IS IN LIEU OF THE AGREEMENT AUTHORIZED BY ORDINANCE #38201 ADOPTED JULY 2% 1954• SECTION 2. THE NECESSITY FOR PROVIDING FOR REMOVAL AND RELOCATION OF THE BASCULE BRIDGE 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 CIV THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESCLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL: AND THE MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE 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 PASSED AND APPROVED; THIS ,• .,.+ „i,F ,-_� ARTICLES. OF -AGREEMENT BETWEEN THE « ^YK UNITED STATES OF AMERICA AND THE - . - CITY OF .CORPUS,CHRISTI -, TEXAS -- - - ,._,...,,...,. Y..,,•- ,.,,..n..,„.. -_. - . ._... T....+•..--•.;• n-- +.- �A..,.•�w•- .w *- ....,,r.,.. .�..- .«..r�.+i...•w «...,,mow;- w.««»......�. -M. ...w.r..•- - -.F THIS AGREEMENT entered into this day of 19_by and between the UNITED STATES OF AMERICA hereinafter called the "Government ", represented by the Secretary of the Army executing this agreement, party of the first part, and the CITY OF CORPUS CHRISTI, TEXAS, hereinafter called the "City ", party of the second Ak part • .. ` WITNESSETH THAT: WHEREAS the Secretary of the Army has good reason to believe and does believe that the City's bridge across the Port Aransas - Corpus Christi Waterway at the entrance to the main turning basin at Corpus Christi, Texas, is an unreasonable obstruction to free navi- gation of the Port Aransas - Corpus Christi Waterway (a navigable waterway of the United States) due to hazards to navigation because of inadequate horizontal clearance through the draw span of said bridge; and WHEREAS a public hearing was held at Corpus Christi, Texas, on 10 December 1952 in conformity with Section 3 of the Act of Congress of 21 June 1940, as amended by the Act of Congress of 16 July 1952, (33 U.S.C. 511 -523) upon due notice given the City and other parties in interest; and WHEREAS at the said hearing the City presented, in lieu of altering the bridge at the entrance to the main turning basin, an alternate plan which consisted in constructing a new bridge at a location over the Channel to Tule Lake and the removal of the exist- ing bridge; and WHEREAS the Secretary of the Army finds that the existing bridge is an unreasonable obstruction to navigation; and WHEREAS Section 13 of the Act of Congress of 21 June 1940, as amended by the Act of Congress of 16 July 1952, provides for such relocation in order to remove an obstructio to nav i�io�up such terms as may be acceptable to b�ridg owner nd to, the O f Secretary, ' •& +ttt - 1 - NOW THEREFORE, it is agreed between the parties hereto as follows: 1. Relocation of the bridge over the Channel to Tule Lake is preferable to alteration of the existing bridge at the entrance to the main turning basin, and 2. Said relocated bridge shall provide a navigation opening having a usable horizontal clearance of not less than 300 feet normal to the channel, and the elevation of low steel in the open position shall be not less than 130 feet above mean high tide. The fenders for protection of the bridge against collision, being located outside of the authorized 200 foot channel limits, will be in relatively shallow water until the channel is widened and deepened and can, therefore, be of less substantial construction, leaving to a later date, when the channel has been widened and deepened, the construction of more substantial ones equal to those protecting the existing bridge. They shall be constructed of creo- soted piles and timber throughout. If at some future date the Secretary of the Army shall determine and shall so advise said City in writing that more substantial fenders equal to those protecting the existing bridge are necessary for the proper protection of navigation, said City shall reconstruct the fenders so as to provide structures equal to those protecting the existing bridge and pro- posed for the hypothetical bridge at no cost to the United States. It is contemplated that the removal of the existing bridge shall be completed within 180 days after the relocated bridge is placed in operation for both rail and vehicle traffic, with such extensions of time for good cause as determined by the District Engineer. 3. Said City shall prepare and submit to the Chief of Engineers, within six months after receipt of notice from the said Chief of Engineers, general plans and specifications for relocation of the bridge and removal of the existing bridge, which notice will not be given until appropriation of funds for the Government's share is made by Congress. The Chief of Engineers may approve-,or reject such 2 - �,g.4..K �Nw! +OfabM1,V _ .. •.s. .. - a�.n lC.-. hSx..sY.0 _ _„ ... -. .vl A. 1. a^r -a ., .:bs+inMYtKnm%.pMS.A,a'T _. ,,, ptans and specif^ications,,in who1e_orsin part,„and may.riggite.,, the,_.,,.. ,,.„,.,,,...,,,,..,,,,,vc.,,„,, ,. -- -- submission of new or additional plans and specifications, but when the Chief of Engineers shall have approved the general plans and specifications they shall be final and binding upon all parties un- less changes therein be afterward approved by the Chief of Engineers and the City, and 4. After approval of such general plans and specifications by the Chief of Engineers, and within ninety days after notification of such approval, the City shall.take bids by public advertising for the relocation of the bridge in accordance with such general plans and specifications. All bids, including any bid for all or part of the project submitted by the City, shall be submitted to the Secretary, together with a recommendation by the bridge owner as to the most competent bid or bids, and at the same time the City shall submit to the Secretary a written guaranty that the total cost of the pro - ject, including the cost of such work as is to be performed by the City and not included in the work to be performed by contract, shall not exceed the sum stated in the guaranty. Upon fixing the proportionate shares of cost as herein provided, the City shall, within a reasonable time to be prescribed by the Secretary, proceed with the work and the cost thereof shall be borne by the Government and the City as provided, and 5. The apportionment of cost shall be in accordance with the provisions of Section 6 of the Act of Congress of 21 June 1940, as amended by the Act of Congress of 16 July 1952, based on the prin- ciples as expressed in the attached exhibit, entitled "Report on Replacement of Bascule Bridge over Entrance Channel to Main Turning Basin by the City of Corpus Christi, Texas ", dated July 16, 1954, as revised December K -, 1954, which is fully incorporated herein by reference and made a part hereof, and 6. The total payments out of Federal funds shall not exceed the proportionate share of the Government of the total cost of the project paid or incurred by the City. Monthly payments will be made by the Government as the work progresses, but no partial - 3 - MW.M.. -. ... . P'1?M'I..wa .. .w .�.JwyY.. �re f:WWM2+i+"JYRS' .. !?' a ,. _ -..i .ri.'.t�i,�'A4%.•ra M'/wWW ents will be.,mad_, e_.for work done .in, excess „of, he .ratio that the Government share bears to the total cost of the project, less ten per cent. 7. The total construction period for the relocation will be in excess of t, wo years. It is therefore contemplated that Congress will make available by continuing appropriations sufficient funds necessary for each years construction costs. The bridge owner agrees to commence construction upon receipt of notification to proceed with funds available for the first years construction. The order approv- ing the guaranty of cost and specifying the proportionate shares of the total cost of the project to be borne by the United States and the bridge owner will incorporate a yearly schedule of construc- tion showing the amount of funds necessary and will incorporate con- tinuing contract provisions for the work, and 8. The period of time for performance of any act to be per- formed by either party hereto may be extended by agreement of the parties. Should the City be prevented from complying with any of its obligations hereunder by any cause beyond its control or by operation of force majeure, then while so prevented its obligation to comply shall be suspended and the City shall not be liable for damages for failure to comply. (Seal Secretary of the Army (Seal City of Corpus Christi, Texas Attest: by /s/ P. C. Callaway /s/ T. Ray Kring Mayor City Secretary Approved as to Legal Form /s/ Russell E. McClure City Manager . /s/ I. M. Sinner City Attorney .4x5+_'•..... r, ,- .. ... .. C Christi, Texas M . I jl 1954 TO TlR KDMERS CF THE CITE COCNCIL Corpus Christi, Texas Gentlemen: t For the reasons set forth in the emergency clause of the foregoing t. ' ordinance, a public emergency and imperative necessity exist-for the suapen- n '�sion of the - Charter Rule or requirement that no ordinancq,or resolution shall " * _ be passed finally on the date it is introduced, and that.auch 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 w of the City Council. Respectfully, ` MAYOR CITY OF CCRPCS CHRISTI, TEXAS • The Charter Rule was suspen4 by. the following vote: P. C. Callaway Marcy Xing el James S. Naismith W. James Brace F. P. Peterson, Jr. The above ordinance was passed by the folloving-nots: .. P. C. Callaway M-1roy Ring- ,- ° James S..Naiemith W James Brace- - F. P. Petearsonn , Jr. WIT •. i B9C O