HomeMy WebLinkAbout05437 ORD - 07/29/1959IMS:JKH:7 -29 -59
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT (IN LIEU OF THE AGREEMENT
AUTHORIZED BY ORDINANCE NO. 5398) FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, WHEREIN
THE CITY IS JOINED BY THE NUECES COUNTY NAVIGATION DIS,
TRICT, AND WHICH AGREEMENT 15 WITH THE STATE OF TEXAS
AND THE STATE HIGHWAY COMMISSION FOR THE CONSTRUCTION
OF A HIGHWAY OVERPASS ON STATE HIGHWAY NO. 9 AT A
POINT WHERE SAID HIGHWAY CROSSES OVER THE SAVAGE
LANE RAILROAD LINE, WHICH IS PART OF THE BASCULE
BRIDGE REMOVAL AND RELOCATION PROJECT; REPEALING
ORDINANCE NO. 5398; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI IS THE SPONSOR OF A PROJECT
•
KNOWN AS THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT, WHICH INCLUDES
THE CONSTRUCTION OF THE TULE LAKE HIGH LIFT BRIDGE AND THE CONSTRUCTION OF
CERTAIN RAILROAD LINES AND YARDS; AND
WHEREAS, ONE OF THE RAILROAD LINES TO BE CONSTRUCTED AS PART OF
THE AFOREMENTIONED PROJECT IS KNOWN AS THE SAVAGE LANE LINE AND EXTENDS FROM
THE SOUTH APPROACH OF THE AFORESAID TULE
� tLAKE HIGH LIFT BRIDGE TO THE TEX-
MEX RIGHT -OF -WAY ALONG STATE HIGHWAY NO.1 ; AND
WHEREAS, SAID SAVAGE LANE LINE CROSSES OR INTERSECTS STATE HIGHWAY
NO. 9 AT A POINT APPROXIMATELY 700 FEET WEST FROM THE CENTER LINE OF SAVAGE
LANE; AND
WHEREAS, THE STATE OF TEXAS AND THE STATE HIGHWAY COMMISSION HAS
AGREED TO CONSTRUCT A HIGHWAY OVERPASS ON STATE HIGHWAY N0. 9 IN ORDER TO
AFFECT A SAFER AND MORE CONVENIENT CROSSING; AND
WHEREAS, IT IS NECESSARY FOR THE CITY TO ENTER INTO AN AGREEMENT
WITH THE STATE OF TEXAS AND THE STATE HIGHWAY COMMISSION AND THE NUECES
COUNTY NAVIGATION DISTRICT No. 1 SO THAT THE AFORESAID OVERPASS CONSTRUCTION
PROJECT MAY BE BEGUN; AND
WHEREAS, As A RESULT OF RENEGOTIATION WITH THE TEXAS HIGHWAY
DEPARTMENT, A NEW FORM OF AGREEMENT HAS BEEN DRAFTED WHICH IS ACCEPTABLE
TO THE CITY AND THE NAVIGATION DISTRICT AND THE HIGHWAY DEPARTMENT, AND
IS IN LIEU OF THE AGREEMENT AUTHORIZED FOR EXECUTION BY ORDINANCE No.
5398:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
5437
I.
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED
TO EXECUTES FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT
WITH THE STATE OF TEXAS AND THE HIGHWAY COMMISSION OF THE STATE OF TEXAS
FOR THE CONSTRUCTION OF A ROAD OVERPASS ON STATE HIGHWAY No. 9 AT A POINT
ON SAID HIGHWAY WHERE THE HIGHWAY INTERSECTS WITH OR CROSSES THE SAVAGE
LANE LINE WHICH IS BEING CONSTRUCTED BY THE CITY OF CORPUS CHRISTI AND
THE NUECES COUNTY NAVIGATION DISTRICT No. 1 AS PART OF THE BASCULE BRIDGE
REMOVAL AND RELOCATION PROJECT. SAID CONTRACT AND AGREEMENT PROVIDING FOR
THE CONSTRUCTION OF THE AFORESAID OVERPASS BY THE STATE OF TEXAS AT NO
COST TO THE CITY OR THE NAVIGATION DISTRICT, EXCEPT FOR SUCH COLLATERAL
CONSIDERATION WHICH MAY BE IMPOSED BY REASON OF THE AGREEMENTS CONTAINED
IN THE FOLLOWING CONTRACT FORM, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF TO -WIT:
-2-
I4
4
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SECTION 2. THAT SAID AGREEMENT DESCRIBED IN SECTION 1 HEREOF
BE EXECUTED IN LIEU OF THE EXECUTION OF AGREEMENT AUTHORIZED BY ORDINANCE
No. 5398, AND SAID ORDINANCE No. 5398 IS HEREBY REPEALED.
SECTION 3. THE IMPORTANCE OF OBTAINING AN AGREEMENT WITH THE
STATE OF TEXAS AND THE STATE HIGHWAY COMMISSION WHEREBY THE STATE AGREES
TO CONSTRUCT AN OVERPASS AND TO BEAR THE COST OF SAID CONSTRUCTION
SO THAT THE SAVAGE LANE RAILROAD LINE MAY BE CONSTRUCTED AND A SAFER AND MORE
CONVENIENT CROSSING OBTAINED WHERE SAID RAILROAD LINE INTERSECTS WITH
STATE HIGHWAY No. 9, AND SO THAT THE BRIDGE REMOVAL AND RELOCATION PROJECT
MAY BE COMPLETEDCREATES AN IMMEDIATE 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 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 SUCH ORDINANCE TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED
AND APPROVED, THIS THE A,q DAY OF
ATTEST:
{tijlMl�SrQ_ XA" c aJ
PC'r,NG CITY SECRETARY
1959.
MAYOR '
THE CITY . CORPUS • RISTI, TEXAS
APPROVED AS TO EGA j FORM THIS
THE.Z/ DAY OF � , 1959:
)t44• +-
CITY A
TORNEY
CORPUS CHRISTI, TEXAS
,Z7 DAY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE 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 COUNCIL;
I THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 1S INTRODUCED, OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
1959
MAYOR
THE CITY 0
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK Jo DUNNE
R. A. HUMBLE
GABE LOZANO, SR.
RPUS C
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 LOZANO, SR.
STI,TEXAS