HomeMy WebLinkAbout04988 ORD - 03/05/1958JAW:MEM:3/5/58
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND .ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
AN AGREEMENT WITH THE STATE OF TEXAS FOR THE RELOCATION
OF A CERTAIN PORTION OF STATE FARM TO MARKET ROAD NO. 763
IN CONNECTION WITH THE DEVELOPMENT OF THE NEW MUNICIPAL
AIRPORT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, IT 15 NECESSARY AS A PART OF THE DEVELOPMENT AND CLEARING
OF THE LAND FOR CONSTRUCTION OF THE NEW MUNICIPAL AIRPORT OUTSIDE THE CITY
LIMITS TO RELOCATE THAT CERTAIN PORTION OF THE EXISTING STATE FARM TO MARKET
ROAD 763 WHICH NOW LIES ACROSS THE LANDS ACQUIRED FOR THE DEVELOPMENT OF THE
SAID MUNICIPAL AIRPORT; AND
WHEREAS, AN AGREEMENT HAS BEEN REACHED WITH THE STATE OF TEXAS AS
TO THE SAID RELOCATION OF THAT PORTION OF STATE FARM TO MARKET ROAD 763 WHICH
IS NECESSARY IN THE DEVELOPMENT OF THE NEW MUNICIPAL AIRPORT;
NOW, THEREFORE, 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
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE AN AGREE-
MENT WITH THE STATE OF TEXAS FOR THE RELOCATING OF A CERTAIN PORTION OF STATE
FARM TO MARKET ROAD N0. 763, FOR THE PURPOSE OF CLEARING THAT PART OF THE LANDS
ACQUIRED FOR THE NEW MUNICIPAL AIRPORT THAT IS NECESSARY FOR CONSTRUCTION OF THE
NEW MUI4 ICIPAL AIRPORT, A COPY OF WHICH AGREEMENT IS HEREBY ATTACHED AND MADE A
PART HEREOF.
SECTION 2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO CARRY OUT
THE ACTS TO BE DONE ON BEHALF OF THE CITY IN PERFORMANCE OF THE SAID CONTRACT,
INCLUDING THE EXECUTION OF SUCH INSTRUMENTS AS WILL FULLY PERFORM THE OBLIGA-
TIONS OF THE CITY UNDER THE SAID AGREEMENT.
SECTION 3. THE NECESSITY FOR THE IMMEDIATE REMOVAL OF THAT CERTAIN
PORTION OF STATE FARM TO MARKET ROAD N0. 763 FROM THE LAND HERETOFORE ACQUIRED
BY THE CITY FOR USE IN CONSTRUCTION OF THE NEW MUNICIPAL AIRPORT 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 ON
THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE
READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED
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THAT SUCH EMERGENCY AND 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 SO ORDAINED.
PASSED AND APPROVED THIS u DAY OF MARCH, 1958.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTT
CITY SEC ET RY
APPROVED AS TO LEGAL FORM
THIS ' DA OF MARCH, 1958:
CITY A TORNEY
AGREEMENT BETWEEN THE STATE OF TEXAS
AND THE CITY OF CORPUS CHRISTI
This aereement made this day of , 1958, by and
between the State of Texas, hereinafter called the State, acting by and
through the State Highway .Engineer, and the City of Corpus Christi, Texas,
hereinafter called the City, acting by and through its duly authorized
officers under properly constituted authority.
WHEREAS, the State is the holder of certain fee title and /or
easement rights on which the State has constructed and is now maintaining
a public road in Nueces County, Texas known as Farm-to-Market Highway
Number 763;
WHEREAS, the City now proposes the construction of a new airport
near Clarkwood, Texas, and it will be necessary that certain sections
of the above named highway be relocated and reconstructed to allow for
location of said airport as planned;
AND WHEPYAS, the City recognizes and acknowledges its responsibilities
and liabilities for such highway relocation and reconstruction to
preserve the use of this highway for the public;
&Td, THEREFORE, in consideration of the provisions and of the
mutual covenants and agreements of the parties hereto, to be by them
respectively kept and performed as hereinafter set forth, it is agreed
as follows:
A. Obligations of the City
1. The City will furnish, or cause to be furnished, free of
cost to the State clear title or easement rights satisfactory to the
State for al]. new right -of -way required by the State for relocation,
reconstruction, and satisfactory maintenance of the effected portion of
F.i-i. 763. This action will be taken by the City in exchange for action
4,
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to be taken by the State, as provided in Paragraph B. 4 of this agreement.
-SAND THE CIVIL AERONAUTICS ADMINISTRATION
2. The City/will approve plans and provide funds to pay all
costs of preliminary engineering, construction engineering, and actual
relocation and reconstruction of the highway.
3. The City will deposit funds to cover all costs of this
work with the Treasurer of the State of Texas upon completion of the
plans and cost estimates for the reconstruction. This deposit of
funds will be under the terms of the usual form of escrow agreement
prepared by the State in such cases.
B. Obligations of the State
1. The State will prepare plans and supervise the relocation
and reconstruction of F.M. 763.
AND THE. CIVIL AERONAUTICS ADMINIS-
2. The State will secure the approval of the City /of the TRATION.
plans and specifications for the work prior to beginning the actual
reconstruction. Any subsequent major changes in plans or specifications
,, AND THE CIVIL AERONAUTICS
will require the approval of both the State and the City./ - ADMINISTRATION.
3. Upon completion of the work and final acceptance by the
State, the State will assume the responsibility and cost of the
maintenance of the completed facility.
4. Upon completion of the work and final acceptance by the
State, the State Highway Commission will recommend to the Governor of
Texas that he execute proper instruments to the City quit — claiming all
of the State's rights, titles and interests in and to the roadway and
right —of —way of that portion of F.M. Road 763, shown in red on Exhibit
A, which will be closed due to the proposed relocation. This action will
be taken in exchange for the action to be taken by the City as provided
in Paragraph A.1, herein. Execution of such instruments by the Governor
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of Texas shall be a necessary condition to complete fulfillment of this
agreement.
5. Upon completion of the work and final acceptance by the
State, the State Highway Commission will by official order cancel and
remove from the State Highway system that portion of the old location
of F.M. Road 763 which shall no longer be needed as a part of the State
Highway System.
C. General Conditions
1. The relocation proposed is to be substantially as shown
on Drawing No. 2392 -B, prepared by Reagan & McCaughan, Engineers in
November, 1957, and revised on January 283 1958. A copy of this
drawing, marked Exhibit "A" is attached hereto, and is made a, part
of this agreement in all respects.
2. The road construction work proposed on the relocated
section is to be performed in accordance with the current design
standards of the Texas Highway Department for Farm -to- Market Highways
now in use in Texas Highway Department District No. 16. In general
for this section, this will provide for a Two Course Surface Treatment,
twenty feet (209 wide, on an eight inch (82) compacted thickness of
flexible base, with a base crown width of twenty -eight feet (281) and
a subgrade crown width of thirty -four feet (349. Culverts and bridges
required will be in accordance with current Texas Highway Department
standards with roadway widths of thirty -four feet (349 and twenty -four
feet (249, respectively.
3. In the reconstruction work proposed under the terms of
this agreement, the State will act as the agent of the City in per-
forming the work, and no risk will attach to the State for any additional
costs which may be involved by reason of action of the elements or other
circumstances beyond the reasonable control of the State.
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IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the day above stated.
City of Corpus Christi
CITY MANAGER
ATTEST:
City Secretary
APPROVED AS TO FORM:
0,
City Attorney
The State of Texas:
Executed as State Highway Engineer
and approved for State Highway
Commission:
State Highway Engineer
RECWIENDED FOR APPROVAL:
Chief Engineer of Highway Design
Engineer, Secondary Roads
District Engineer
APPROVED AS TO FORM:
Assistant Attorney General
CO PUS CHRISTI, TEXAS
n
J-1
TO THE MEHBERS'OF`THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE A PUBLIC EMERGENCY AND IMPERATIVE MP ERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER ROLE OR REQUIREMENT THAT NO ORDINANCE OR.RESOLU-
TION 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
.. ; '.._THEREFORE, . . .. _ . Q .. _ .. ..
COUNCIL' I - NER EBV RE UEST THAT YOU SUS ►END SAID CHARTER RULE
OR RFOUIREMENT'AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFUL V,
MAYOR- -�"`TT
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BILLER
MANUEL P. MAL DOHA DO,
CHARLIE J. AILL6 .._. i.��
ARTHUR R. JAMES (T
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH -
W. J. ROBERTS
B. E. BIGLER 1 \
MANUEL P. MALDONADO /
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE `
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