HomeMy WebLinkAbout09724 ORD - 04/22/1970AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, AN AGREEMENT WITH THE STATE OF TEXAS FOR
THE RELOCATION OF F.M. 763, WHICH RELOCATION IS
MADE NECESSARY BY THE EXTENSION OF RUNWAYS AT
CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF
SAID AGREEMENT BEING ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY T-E CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE 15 HEREBY,
AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, AN AGREEMENT WITH THE STATE OF TEXAS FOR THE RELOCATION
OF A PORTION OF F.M. 763, WHICH RELOCATION IS MADE NECESSARY BY THE EXTEN-
SION OF RUNWAYS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF
SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT WITH THE
STATE OF TEXAS AT THE EARLIEST PRACTICABLE DATE IN ORDER THAT THE RELOCA-
TION AND RECONSTRUCTION OF A PORTION OF F.M. 763 MAY BE COMMENCED WITHOUT
DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION 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 NECES-
SITY 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 SO ORDAINED, THIS THE`7CGLDAY OF
APRIL, 1970.
ATTEST;
APPROVED:
00.- DAY OF APRIL, 1970:
CITY ATTORNEY
aCiIel111,4
THE CITY OF CORPUS CHRISTI, TEXAS
9724
AGREEMENT BETWEEN THE STATE OF TEXAS
AND THE CITY OF CORPUS CHRISTI
This agreement made this day of , 19, 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 ease-
ment 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 existing runway
extensions at the Corpus Christi International 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 WHEREAS, 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;
NOW, THEREFORE, in consideration of the provisions and of the mutual
covenants and agreements of the parties hereto, to be by then 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
all new right -of -way required by the State for relocation, reconstruction,
and satisfactory maintenance of the effected portion of F. M. 763. This action
will be taken by the City in exchange for action to be taken by the State,
as provided in Paragraph B.4 of this agreement.
2. The City will approve plans and will 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 costa 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.
2. The State will secure the approval of the City of the plans
and specifications for the work prior to beginning the actual reconstruction.
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 quitclaiming 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 relocations. 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 instrument by the Governor of Texas shall be a necessary
condition to complete fulfillment of this agreement.
2-
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 original drawing prepared by Reagan & McCaughan, Engineers, and revised by
Rader and Associates on September-12, 1969. 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 relocation
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 -four (24) feet Wide,
on an eight (8) inch compacted thickness of flexible base on six (6) inch
limp stabilized subgrade, with a base crown width of thirty (30) feet and
a subgrade crown width of thirty -six (36) feet. Culverts and bridges required
will be in accordance with current Texas Highway Department standards with
roadway widths of thirty -eight (38) feet and thirty -four (34) feet respectively.
3. In the reconstruction work proposed under the terms of this
agreement, the State will act as the agent of the City in performing 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 otle r circumstances beyond
the reasonable control of the State.
- 3-
r
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the day above stated.
THE STATE OF TEXAS:
CITY OF CORPUS CHRISTI:
City Manager
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
- 4 -
Certified as being executed for the
purpose and effect of activating and /or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highway Commission:
Executed as State Highway Engineer &
Approved for State Highway Commission
RECOMMENDED FOR APPROVAL:
District Engineer, District 16
Engineer, Secondary Roads
Right of Way Engineer
Chief Engineer of Maintenance Operations
Corpus Christi, Texas
' 241ayof
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution 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,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
, 19
R _
THE CITY - OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon 1 Q�
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the fol owing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. i`Wrangler" Roberts
Ronnie Sizemore
rix'eiax GALL ROAp_
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