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HomeMy WebLinkAbout05331 ORD - 04/29/1959IMS:JKH:4 -27 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN AGREEMENT WITH THE COUNTY OF NUECES AND NUECES COUNTY NAVIGATION DISTRICT PROVIDING FOR THE SHARING OF THE EXPENSE OF THE OPERATION OF THE TULE LAKE LIFT BRIDGE BETWEEN THE SAID THREE GOVERNMENTAL BODIES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY THAT THE BRIDGE BELONGING TO THE CITY, CONSTRUCTED IN COOPERATION WITH THE UNITED STATES GOVERNMENT WITH THE USE OF FUNDS DERIVED FROM NUECES COUNTY NAVIGATION DISTRICT, NUECES COUNTY AND THE CITY OF CORPUS CHRISTI, AS LOCAL AGENCIES, AND THE UNITED STATES GOVERNMENT UNDER AN AGREEMENT BETWEEN THE CITY AND THE UNITED STATES GOVERNMENT IN ACCORDANCE WITH THE TERMS OF THE TRUMAN -HOBBS ACT; • AND WHEREAS, SAID BRIDGE IS FINISHED AND IS ABOUT TO BE DELIVERED TO THE CITY FOR OPERATION AND IT IS NECESSARY THAT THE SAID BRIDGE BE INSURED AGAINST CERTAIN HAZARDS AND BE MAINTAINED AND OPERATED; AND WHEREAS, AGREEMENT HAS BEEN REACHED BETWEEN THE CITY OF CORPUS CHRISTI, NUECES COUNTY AND NUECES COUNTY NAVIGATION DISTRICT FOR THE SHARING OF THE COST OF MAINTENANCE AND OPERATION OF THE SAID FACILITY: NOd, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER AN AGREEMENT WITH THE COUNTY OF NUECES AND NUECES COUNTY NAVIGATION DISTRICT, PROVIDING FOR THE SHARING OF THE EXPENSE OF THE OPERATION OF THE TULE LAKE LIFT BRIDGE BETWEEN THE SAID THREE GOVERNMENTAL BODIES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF CURRENT OPERATING BUDGET, /e WHICH IS THE ESTI- MATED AMOUNT OF THE CITY'S COST OF OPERATION AND MAINTENANCE IN ACCORDANCE 44" r 1 WITH SAID AGREEMENT. SECTION 3. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE ABOVE MENTIONED AGREEMENT SO AS TO PROVIDE FOR THE OPERATION AND MAINTENANCE OF THE TULE LAKE LIFT 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 ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS 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 THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THEJDAY OF APRIL, 1959. ATTEST: . MAYOR'- : =,.a:: �- - -, THE CITY OF CO P S CHRIST , TEXAS CITY SECRET Y APPROVED AS TO LEGAL FORM THIS THE 27TJDAY AP RIL, 11959: CITY A TORNEY l/ AGREEMENT FOR SHARING COST OF MAINTENANCE AND OPERATION OF THE TULE LAKE LIFT BRIDGE THE STATE OF TEXAS } COUNTY OF NUECES } THIS AGREEMENT, MADE AND ENTERED INTO BY AND BETWEEN CITY OF CORPUS CHRISTI, ACTING HEREIN BY ITS CITY MANAGER, HEREUNTO DULY AUTHORIZED BY ACTION OF ITS CITY' COUNCIL, HEREINAFTER CALLED "CITY "; COUNTY OF NUECES, ACTING HEREIN BY ITS COUNTY JUDGE, HEREUNTO DULY AUTHORIZED BY ORDER OF ITS COMMISSIONERS COURT, HEREINAFTER CALLED "COUNTY "; AND NUECES COUNTY NAVIGATION DISTRICT NUMBER ONE, ACTING HEREIN BY a ITS CHAIRMAN, HEREUNTO DULY AUTHORIZED BY ACTION OF ITS BOARD OF NAVIGATION AND +d i CANAL COMMISSIONERS, HEREINAFTER CALLED "DISTRICT "; W I T N E 5 5 E T H. WHEREAS, PURSUANT TO A CONTRACT DATED JANUARY 10, 1955, BETWEEN CITY AND THE UNITED STATES OF AMERICA, A NEW VERTICAL LIFT BRIDGE (HEREINAFTER CALLED LIFT BRIDGE) HAS BEEN CONSTRUCTED OVER TOLE LAKE CHANNEL, PORT OF CORPUS CHRISTI; AND WHEREAS, SUCH LIFT BRIDGE IS TO REPLACE THE EXISTING CITY -OWNED BASCULE LIFT BRIDGE (HEREINAFTER CALLED BASCULE BRIDGE) AT THE ENTRANCE TO THE PORT OF CORPUS CHRISTI; AND WHEREAS, SUCH BASCULE BRIDGE IS TO BE REMOVED FROM SUCH EXISTING LOCA- TION IN COMPLIANCE OF TERMS OF THE SAID CONTRACT OF JANUARY 10, 1955, BETWEEN CITY li AND THE UNITED STATES OF AMERICA; AND WHEREAS, SUCH REMOVAL WILL GREATLY ENHANCE THE FACILITY AND USEFULNESS OF THE PORT OF CORPUS CHRISTI, AND SUCH BENEFITS WILL ACCRUE TO CITY, COUNTY AND DISTRICT; AND WHEREAS, THE SAID BASCULE BRIDGE IS PRESENTLY BEING MAINTAINED AND OPERATED BY AND AT THE EXPENSE OF DISTRICT; AND WHEREAS, CITY, COUNTY AND DISTRICT ARE DESIROUS OF CONTINUING TO PROVIDE VEHICULAR AND RAIL SERVICE AND ACCESS TO THE PORT OF CORPUS CHRISTI: NOW, THEREFORE, THE PARTIES HERETO, IN'.ORDER TO PROVIDE THE SERVICES HEREINABOVE�DESCRIBED, MUTUALLY COVENANT AND AGREE TO AND WITH EACH OTHER AS FOL- LOWS: Y ARTICLE I (1) THE COST OF MAINTENANCE AND OPERATION OF SAID LIFT BRIDGE AND ALL UNINSURED LOSSES SHALL BE SHARED EQUALLY BY THE PARTIES HERETO. (2) COUNTY SHALL BE THE OPERATING AGENCY OF SUCH LIFT BRIDGE, AND WILL HAVE CONTROL OF ALL OPERATfa- AND MAINTENANCE PERSONNEL, INVESTIGATE ALL CLAIMS FOR DAMAGES AND MAKE COLLECTIONS OF ALL CLAIMS FOR-DAMAGES TO THE'BRIDGE. - (3) COUNTY, AS OPERATING AGENCY, WILL DISBURSE ALL FUNDS NECESSARY FOR SUCH OPERATION AND MAINTENANCE, EXCEPT MONEYS EXPENDED FOR HAZARD INSURANCE ON SUCH LIFT BRIDGE AND FUNDS EXPENDED FOR ELECTRICAL POWER THERETO. ARTICLE II (1) COUNTY SHALL PROVIDE WORKMAN'S COMPENSATION INSURANCE FOR ALL EM-_- PLOYEES ASSIGNED --TO THE OPERATION AND MAINTENANCE- OF'SUCH LIFT BRIDGE EXCEPT THOSE EMPLOYEES OF AN INDEPENDENT CONTRACTOR OR CONTRACTORS WHO CONTRACT FOR MAINTENANCE OR REPAIRS OF SUCH LIFT BRIDGE. - (2) COUNTY SHALL PROVIDE PUBLIC LIABILITY INSURANCE IN, AN ACCEPTABLE FORM FOR THE BENEFIT OF ALL THREE (3) PUBLIC BODIES COVERING ALL PUBLIC LIABILITY OR PROPERTY DAMAGE FOR WHICH THE OPERATOR OF THE LIFT BRIDGE MAY BECOME LIABLE OR WHICH MAY EXIST BY REASON OF THE EXISTENCE, OPERATION OR MAINTENANCE OF THE BRIDGE, ARTICLE III- (1). A HAZARD INSURANCE POLICY ON SUCH LIFT BRIDGE SHALL BE CONTIN000S- . , �7 LY PROVIDED BY CITY IN THE AMOUNT OF $3,io4,577.00, AND COSTS OF PREMIUMS SHALL BE PAID BY CITY. - - (2) ELECTRICAL POWER SHALL BE FURNISHED CONTINUOUSLY TO SUCH LIFT BRIDGE AT THE EXPENSE OF CITY. ARTICLE IV (1) THE JOINT TECHNICAL COMMITTEE OF CITY, COUNTY AND DISTRICT WHICH IS A COMMITTEE HEREINBEFORE CREATED BY CITY, COUNTY AND DISTRICT CONSISTING OF THE CHIEF ENGINEERS AND ATTORNEYS-OF SUCH PARTIES) SHALL SERVE -IN A SUPERVISORY; CAPACITY OVER THE OPERATION OF SUCH LIFT BRIDGE, AND SHALL DETERMINE AND ESTABLISH REGULATIONS FOR SUCH OPERATION, SUBJECT TO APPROVAL BY THE GOVERNING 130DIES OF CITY, COUNTY AND DISTRICT. - - (2) SUCH TECHNICAL COMMITTEE SHALL PREPARE 'A BUDGET r=H YEAR TO PROVIDE FOR ALL EXPENSES INCIDENT TO THE OPERATION AND MAINTENANCE OF THE LIFT BRIDGE AND SHALL PRESENT SUCH BUDGET TO THE GOVERNING BODIES OF CITY, COUNTY AND DISTRICT FOR APPROVAL. UPON APPROVAL THEREOF, CITY, COUNTY AND DISTRICT SHALL MAKE CORRESPONDING -2- APPROPRIATIONS AS PART OF THEIR RESPECTIVE- CURRENT BUDGETS. CITY ANp DISTRICT SHALL CAUSE THEIR PROPORTIONATE SHARES OF SUCH FUNDS TO BE PAID OVER TO COUNTY FOR OPERATING AND MAINTENANCE EXPENSES. PROVIDED, THAT WHERE, BY THE TERMS OF THIS AGREEMENT, ONE OF THE PARTIES HERETO IS REgUIRED TO FURNISH SOME SERVICE OR EXPEND- ITURE FOR OPERATION OR MAINTENANCE, INCLUDING INSURANCE PREMIUMS AND ELECTRICAL POWER, SUCH EXPENDITURES OR ANTICIPATED EXPENDITURES MAY BE DEDUCTED FROM THE SUM TO BE PAID TO SUCH OPERATING AGENCY. ARTICLE V (1) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON THE PARTIES HERETO, AND THEIR SUCCESSORS IN TITLE,FOR A PERIOD OF EIGHTEEN (1$) MONTHS FROM THE DATE OF EXECUTION HEREOF. PROVIDED, THAT WITHIN THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF SUCH EIGHTEEN (t8) MONTH PERIOD, THIS AGREEMENT SHALL Be REVIEWED BY THE GOVERNING BODIES OF THE PARTIES HERETO. AFTER SUCH REVIEW, SUCH AGREEMENT MAY BE RE- APPROVED OR MODIFIED AS THE PARTIES HERETO MAY DEEM PROPER. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT IN TRIPLICATE ORIGINALS, ON THIS THE DAY OF a 1959• ATTEST: CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY CITY MANAGER ATTEST: COUNTY OF NUECES, TEXAS COUNTY CLERK COUNTY JUDGE , ATTEST: NUECES COUNTY NAVIGATION DISTRICT NUMBER ONE CHAIRMAN SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF a 1959: CITY ATTORNEY COUNTY —ATTORNEY ATTORNEY FOR NUECES COUNTY NAVIGATION DISTRICT NUMBER ONE CORPUS CHRISTI, TEXAS G TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: i FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE 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, MAYOR THE CITY OF CDR CHRISTI, XAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING .JAMES L. BARNARD �a ' d MRS. RAY AI RHEART C(... ,.n JOSEPH B. DUNN w. n /z a PATRICK J. DUNNE O / R. A. HUMBLE GABE L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING l.(w,.4 JAMES L. BARNARD MRS. RAY AIRHEART /�_ t JOSEPH B. DUNN d PATRICK J. DUNNE /?j-i_ -, R. A. HUMBLE GABE L. LOZANO, SR.