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;
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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
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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
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ITS CHAIRMAN, HEREUNTO DULY AUTHORIZED BY ACTION OF ITS BOARD OF NAVIGATION AND
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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:
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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 $3,io4,577.00, AND COSTS OF PREMIUMS SHALL
BE PAID BY CITY. - -
(2) ELECTRICAL POWER SHALL BE FURNISHED CONTINUOUSLY TO SUCH LIFT BRIDGE
AT THE EXPENSE OF CITY.
ARTICLE IV
(1) THE JOINT TECHNICAL COMMITTEE OF CITY, COUNTY AND DISTRICT WHICH
IS A COMMITTEE HEREINBEFORE CREATED BY CITY, COUNTY AND DISTRICT CONSISTING OF
THE CHIEF ENGINEERS AND ATTORNEYS-OF SUCH PARTIES) SHALL SERVE -IN A SUPERVISORY;
CAPACITY OVER THE OPERATION OF SUCH LIFT BRIDGE, AND SHALL DETERMINE AND ESTABLISH
REGULATIONS FOR SUCH OPERATION, SUBJECT TO APPROVAL BY THE GOVERNING 130DIES OF CITY,
COUNTY AND DISTRICT. - -
(2) SUCH TECHNICAL COMMITTEE SHALL PREPARE 'A BUDGET r=H YEAR TO PROVIDE
FOR ALL EXPENSES INCIDENT TO THE OPERATION AND MAINTENANCE OF THE LIFT BRIDGE AND
SHALL PRESENT SUCH BUDGET TO THE GOVERNING BODIES OF CITY, COUNTY AND DISTRICT FOR
APPROVAL. UPON APPROVAL THEREOF, CITY, COUNTY AND DISTRICT SHALL MAKE CORRESPONDING
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APPROPRIATIONS AS PART OF THEIR RESPECTIVE- CURRENT BUDGETS. CITY ANp DISTRICT
SHALL CAUSE THEIR PROPORTIONATE SHARES OF SUCH FUNDS TO BE PAID OVER TO COUNTY FOR
OPERATING AND MAINTENANCE EXPENSES. PROVIDED, THAT WHERE, BY THE TERMS OF THIS
AGREEMENT, ONE OF THE PARTIES HERETO IS REgUIRED TO FURNISH SOME SERVICE OR EXPEND-
ITURE FOR OPERATION OR MAINTENANCE, INCLUDING INSURANCE PREMIUMS AND ELECTRICAL
POWER, SUCH EXPENDITURES OR ANTICIPATED EXPENDITURES MAY BE DEDUCTED FROM THE SUM
TO BE PAID TO SUCH OPERATING AGENCY.
ARTICLE V
(1) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON
THE PARTIES HERETO, AND THEIR SUCCESSORS IN TITLE,FOR A PERIOD OF EIGHTEEN (1$)
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:
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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
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MRS. RAY AI RHEART
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JOSEPH B. DUNN
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PATRICK J. DUNNE
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R. A. HUMBLE
GABE L. LOZANO, SR.
THE ABOVE ORDINANCE WAS
PASSED BY THE FOLLOWING VOTE:
ELLROY KING
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JAMES L. BARNARD
MRS. RAY AIRHEART
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JOSEPH B. DUNN
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PATRICK J. DUNNE
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R. A. HUMBLE
GABE L. LOZANO, SR.