HomeMy WebLinkAbout04058 ORD - 01/19/1955a, .•cw,�r�lyryi�:� *..,.. r:tmri>P�5�- H :rA.+
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
AEF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN
AGREEMENT WITH THE STATE OF TEXAS, WHEREBY THE CITY
AGREES TO SUBORDINATE ITS RIGHT IN A CERTAIN WATER PIPE
LINE RIGHT OF WAY TO THE HIGHWAY RIGHT OF WAY USE OF THE
STATE OF TEXAS, SAID PIPE LINE RIGHT OF WAY BEING A
STRIP OF LAND EXTENDING FIRM CALALLEN TO SAVAGE LANE
ADJACENT TO AND ON THE NORTHERN SIDE OF HIGHWAY 9 RIGHT
OF WAY, IN ACCORDANCE WITH THE TERIS AND CONDITIONS SET
FORTH IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED
HERETO AND ;�.ADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY !•TANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED FOR AND OH BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A14
AGREEMENT WITH THE STATE OF TEXAS, WHEREBY THE CITY AGREES TO SUBORDINATE
ITS RIGHT IN A CERTAIN WATER PIPE LINE RIGHTOF WAY TO THE HIGHWAY RIGHT OF WAY
USE OF THE STATE OF TEXAS, SAID PIPE LINE •RIGHT OF WAY BEING A STRIP OF LA ND
EXTENDING FROM CALELLEN TO SAVAGE LANE ADJACENT TO AND OH THE NORTHERN SIDE
OF HIGHWAY 9 RIGHT OF WAY, IN ACCORDANCE WITH THE TER,iS AND CONDITIONS SET
FORTH IN SAID AGREEMENT, A COPY C' WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF:
SECTION Z. THE NECESSITY FOR EXECUTING THE ABOVEMENTIONED AGREEMENT
IN ORDER FOR THE HIGHWAY DEPARTME14T OF THE STATE OF TEXAS TO COt1MENCE THE
IIIPROVING AND WIDENING OF HIGHWAY 9 CREATES AN 114PERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 110 ORDINANCE OR
RESOLUTION SHALL EE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL HEETINGS OF THE
CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO
EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS
ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY PASSED AIID APPROVED, THIS THE 19' DAY OF
JANUARY, 1999•
2c� &L, r��
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY SE P PIRY
APPROVED AS T LEGAL F .M:
CITO[ IEY `
�NSlauljj/55 _
«.� ..h THE STATE W TEXAS • .««.. r. « x. _ —.r .... w •.. ...« „�
COIRITT OF tAIECfS
WHF7M* THE CITY IX CORPUS CHRISTI 13 NOW HAINTAIRING A WATER
SUPPLY MAIN PIPE LINE EXTENDING FROM A POINT NEAR CALALLEN TO A POINT
HEAR THE INTERSECTION Or HIGHWAY 9 WITH SAVAGE L1WC, ADJACCNT TO THE NORTH
GOUHDAM OF THC ORIGINAL HIGHWAY 9 RIGHT DP WAY AS ESTABLISHED iR SEPTCUSERb
1933, WHICH PIPE LINE 18 LOCATED WITHIN THE RIGHT OF WAY £ASCM£NT TWENTY
FEET IN WIDTH AOJDi H1Hq SAID HIGHWAY 9 RIGHT OF WAY; ACID
WHEREAS, THE STATE OF TENIAB HAS UF.Trivitw D THAT SAID HIGHWAY 9
SHOULD NC 414PROV90 AND WIDENED SO AS TO INCREASE THE WIDTH OF SAID NIGHT OF
WAY A Di BYANEE DF FORTY (101' FEET ON INC NORTH 310L THEREOF, AND HAS
ENTERED INTO AN AORECNENT WITH THE COUNTY OF NUCCCO FOR ACQUISITION OF
SAID ADDITIONAL RIGHT OF WAY FOR "m USE OF THE STATE OF TEXAS IN iMPROYi NB
AND Wi OCN1H6 SAID HIOHVAYI AND
WHEREAS, SUCH IMPROVEMENT AND VIDEN{INS PROJECT WILL NOT MATERIALLY
' INTERFERE WITH THE USE OF SAID PIPE LILAC NOW OWNED, OPCRATED AND NAINTAINZD
BY THE CITY OF CORPUS CHRISTI, BUT WILL INCLUDE IN THE STATE HIGHWAY RIONT
OF WAY THE SAME LAND BUROEHED WITH THE EASEMENT FOR THE SAID WATER PIPE
LINE RIGHT OF WAY I= OWNED BY THE CITY OF CORPUS CHRISTI,AND THE STATE OF
TEXAS AND Tilt CITY OF CORPUS CHRISTI NAVE AGRECO TO SUGORDINATE THE RISNTS
Of THE CITY tit DAID WATER PIPE LIKE LIGHT OF WAY TO TIIC HIGHWAY RIGHT OF
WAT USE OF THE STATE OF T£RASS
NMI, THCR70M, KNOW ALL NEIi BY THESE FRESENTSi
THAT IT IS AGECEO AHD UNOEI.JTOOD BY ADD BETWL'EN THL STATE HIGHWAY
DLPARTNEHT OF THC STATE OP TEXAS, HEREINAFTER CALLED "HIGHWAY DEPARYHENT ",
AND THE CITY OF CORPUS CHRISTI, HEREIH/6TCR CALLED THE "Ct TY ", AS FOLLOUSH
1.
THAT THE CITY OF CORPUS CHRISTI GOES HLREBY SUDORDINATE ITS RIGHT,
TITLE ACD INTEREST IN AID TO THE LAND BURDENED BY ITS PIPE LIKE RIGHT OF VAT
CASEMENT, SAID LAND BEING A STRIP OF LAND CXTCMDI02 FROM CALALLCN TO SAME
LANE ADJACCNT TD AND ON THE NORTHERN SIDE OF HIGHWAY 9 RIGHT OT WAY AS LS.
TASUEHEO IN SZPTEMER, 1933, FOR INC PURPOSE OF THE U3E OF SAID TWENTY (201)
FEET BY THE STATE or TEXAS, ANp THE STATE HICIWAY DEPARTMENT, AND ITS SUCCESSORS,
AS A PORTION OP THE RIGHT OF WAY OF RAID STATC HIGHWAY 9 AO INPROYCO AND
WIDENED.
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THERE IR RESeeveO IN THE CITY or CORPUS CHRISTI, HOWEVER, THE CON-
TINUED RIGHT TO USE AND NAINTAIN, REPAIR, RECONSTRUCT, ALTER, MME CONNECTIONS,
TAP SAID WATER MAIN AS A PART Or THE WAYERWORRS SYSTEM OF THE CITY OF CORPUS
CHRISTI, INCLUDING THE RIGHT TO NAME EXCAVATIONS FOR SAID PURPOSES; PROVIDED,
HOWEVER, THAT ALL EXCAVATIONS MADE SHALL BE MADE IN ACCORDANCE WITH THE
aPECIFICAT10N5 PROv10E0 BY THE STATE HIGHWAY DEPARTMENT, AND WITH SUCH RESTOR+
ATIOMS, REFILLS AND RECONSTRUCTION OF THE HIGHWAY STRUCTURE SO EXCAVATED
AS SHOULD MEET WITH THE RULES, REGULATIONS AND REOVIRE14ENTS OF THE STATE
HIGHWAY DEPARTMENT.
3•
IT IS AGREED THAT THE RIGHTS AND INTERESTS HEREBY ASSIGNED, TRANS —
FENREO AND SUBORDINATED TO THE STATE HIGHWAY DEPARTMENT ARE SUBJECT TO THE
RESERVATION SET FORTH 111 PARAGRAPH 2 ABOVE.
WITNESS OUR HANDS BY THEaESPECTIVE OFFICERS OF THE PARTIES HERETO,
DULY AUTHOR12ED THIS DAY OF JANUARY, 1955.
THE CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM
ITV ATTORNEY ,
THE STATE OF TEXAS
eV
TATS HIGHWAY ENGINEER
APPROVEDI APPROVAL REC*DUDEOs
CHAIRMAN, STATE, IGHWAY OMMiaS1oN ,
EMBER, STATE IGMIAY MISSION
ER, STITE HIGHWAY COMMISSION
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CNRI STI � TE %p5— �� - `�" "`��`�� � - - -'•��'"
7955 "
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 PRCSENT MEETING
OF THE CITY COUNCIL.
RESPECTFULLY,
276
M fOR
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
P. C. CALLAWAY
ELLROY KING
JAMES S. NAISMITY
W. JAMES BRACE
i
• F. P. PETERSON, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: /
P. C. CALLAWAY
ELL ROY KING
JAMES S. NAISMITH
W. JAMES BRACE
F. P. PETERSON, JR.
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