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Home My WebLink About05424 ORD - 07/15/1959JAW:JKH:7 -13 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AS AGENT FOR AND ON BEHALF OF THE GOVERNMENTAL BODIES AND RAILROAD COMPANIES PARTICIPATING IN THE BASCULE BRIDGE RELOCATION PROJECT, TO EXECUTE A CONTRACT TO PURCHASE FROM E. H. COLE- CERTAIN RAILROAD RAILS, TIES, AND OTHER MISCELLANEWS RAILROAD EQUIPMENT; APPROPRIAT- ING $76,340.00 OUT OF BRIDGE REMOVAL AND RELOCATION BOND FUND NO. 230, PROJECT NO. 13 -55 -8; AND DECLARING AN EMERGENCY. WHEREAS, NUECES COUNTY, THE CITY OF CORPUS CHRISTI, NUECES COUNTY NAVIGATION DISTRICT No. 1, THE MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - MEXICAN RAILWAY COMPANY AND TEXAS AND NEW ORLEANS RAILROAD COMPANY ARE JOINTLY INVOLVED IN A PROJECT KNOWN AS THE BASCULE BRIDGE REMOVAL PROJECT, WITH THE UNITED STATES OF AMERICA REIMBURSING THE SAID GROUP FOR THE COST OF THE PROJECT; AND WHEREAS, THE BASCULE BRIDGE REMOVAL PROJECT INVOLVES THE RE- CONSTRUCTION OF CERTAIN RAILROAD TRACKAGE AND JOINT INTERCHANGE YARDS AND RAILROAD TRACKAGE, LARGELY OUTSIDE THE CORPORATE LIMITS OF THE CITY; AND WHEREAS, E. H. COLE_ HAS OR WILL HAVE AVAILABLE CERTAIN RAILROAD EQUIPMENT NOT PRESENTLY IN USE, THE EXACT AMOUNT OF WHICH IS UNKNOWN, AND HAS AGREED TO SELL TO THE SAID GROUP, AT A PRICE SUBSTANTIALLY LESS THAN THE MARKET VALUE THEREOF, FOR USE BY THE SAID GROUP TN THE BASCULE BRIDGE REMOVAL PROJECT; AND WHEREAS, THE GROUP COMPOSED OF NUECES COUNTY, THE CITY OF CORPUS CHRISTI, NUECES COUNTY NAVIGATION DISTRICT N0. 1, THE MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - MEXICAN RAILWAY COMPANY AND TEXAS AND NEW ORLEANS RAILROAD COMPANY DESIRE TO PURCHASE THE SAID EQUIPMENT, AT A SUBSTANTIAL SAVINGS IN COST, WITH THE CITY TO BE REIMBURSED WHEN THE UNITED STATES OF AMERICA REIMBURSES THE SAID GROUP FOR THE COST THEREOF: 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 ACTING AS THE 7 5421 AGENT OF AND ON BEHALF OF THE GROUP COMPOSED OF NUECES COUNTY, THE CITY OF CORPUS CHRISTI, NUECES COUNTY NAVIGATION DISTRICT N0. 11 THE MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - MEXICAN RAILWAY COMPANY AND TEXAS AND NEW ORLEANS RAILROAD COMPANY THE GROUP JOINTLY INVOLVED IN THE BASCULE BRIDGE REMOVAL PROJECT) TO EXECUTE A CONTRACT WITH E. H. COLE TO PURCHASE FROM E. H. COLE CERTAIN SECOND HAND USEABLE RAILROAD RAILS, TIE PLATES, ANGLE BARS, SPIKES, CROSS TIES AND SWITCH TIES AT THE PRICES HEREAFTER SET OUT, BUT NOT TO EXCEED THE QUANTITIES,BEREIN- AFTER SET OUT, OF EACH ITEM OF EQUIPMENT, TO -WIT; 500 NET TONS AT $6O PER NET TON OF 70 POUND ARA TYPE 8 RAIL, 185 NET TONS AT $60 PER NET TON OF TIE PLATES FOR 70 POUND AND 90 POUND RAIL, 25 NET TONS AT $60 PER NET TON OF ANGLE BARS FOR 70 POUND ARA RAIL, 30 NET TONS AT $60 PER NET TON OF 9116" x 5 -3/16" SPIKES, 25,000 61 x 8^ X 8,, CROSS TIES AT $1.25 PER CROSS TIE, AND 11.5 MFBM OF 7° X 8" SWITCH TIES AT $$60 PER MFBM. SECTION 2. THE SAID CONTRACT SHALL PROVIDE FOR DELIVERY TO CORPUS CHRISTI WITHIN 60 DAYS FROM DATE OF APPROVAL OF THE CONTRACT BY THE U. S. CORPS OF ENGINEERS, PROVIDE FOR PARTIAL PAYMENTS CORRESPONDING WITH DELIVERIES, PROVIDE FOR INSPECTION PRIOR TO LOADING AT SHIPPING POINT, THE SITE OF WORK BEING BETWEEN ROCKDALE AND GIDDINGS, TEXAS, PROVIDING E. H. COLE TO DELIVER ALL AVAILABLE UP TO ENUMERATED QUANTITY, PROVIDING CITY NOT OBLIGATED TO PURCHASE EXCEPT UP TO DESIGNATED QUANTITY AT DESIGNATED PRICE, PROVIDING SAID EQUIPMENT MUST BE USEABLE, PROVIDING FOR INSPECTION AND CHECKING OF QUANTITY DELIVERED AT CORPUS CHRISTI, TEXAS, AND PROVIDING FOR CONTRACT TO BE EFFECTIVE ONLY UPON APPROVAL BY THE U. S. CORPS OF ENGINEERS. SECTION 3. THERE IS HEREBY APPROPRIATED OUT OF THE BRIDGE REMOVAL AND RELOCATION BOND FUND 230, PROJECT N0. 13 -55 -8, THE SUM OF $76,34o.0o. -2- s SECTION 4. THE FACT THAT THE CITY1 ACTING AS AGENT FOR NUECES COUNTY, THE CITY OF CORPUS CHRISTI, NUECES COUNTY NAVIGATION DISTRICT ND. 12 THE MISSOURI PACIFIC RAILROAD COMPANY, THE TEXAS - MEXICAN RAILWAY COMPANY AND TEXAS AND NEW ORLEANS RAILROAD COMPANY, CAN PURCHASE CERTAIN RAILROAD EQUIPMENT NECESSARY FOR THE BASCULE BRIDGE REMOVAL PROJECT FROM E. H. COLE, AT PRICES SUBSTANTIALLY LESS THAN COULD BE OBTAINED ELSEWHERE 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 MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDI- NANCE 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 P �SGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE AY OF 1959• ATTEST: MAYOR 1 THE CITY OF C RPUS CHR TIC TEXAS wG CI Y SEC E RY APPROVED AS TO LEGAL FORM THIS A3TH DAY F JULY, 1959: CITY A TO NEY ii irk TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: CORPUS CHRISTI, TEXAS (zlz -91y /f', I V v 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, c MAYOR 4XAS THE CITY OF CORPU HRISTI, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING E6LROY KING ( , JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. _ I I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury' of the City of Corpus Cbristi to the credit of No. i Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Direct Finance i I.3��Pf�