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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 V9�� 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, -2- 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 -3— 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. -4— 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 ` �97F