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Home My WebLink About15396 ORD - 02/27/1980 (2)AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION WHEREBY THE STATE WILL INCORPORATE THE CONSTRUCTION OF A CONCRETE BOX CULVERT IN THE WEST OSO DRAINAGE OUTFALL DITCH INTO THE CON- STRUCTION PLANS FOR THE SOUTH PADRE ISLAND DRIVE IMPROVEMENTS, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,. TEXAS: SECTION 1. That the City Manager be authorized to execute an agree- ment with the State Department of Highways and Public Transportation whereby the State will incorporate the construction of a concrete box culvert in the West Oso Drainage Outfall Ditch into the construction plans for the South Padre Island Drive Improvements, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the hereinabove described agreement at the earliest practicable date 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 in- troduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of -the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORD- INGLY SO ORDAINED, this the 2-7 day of February, 1980. ATTEST: . Secretary APPROVED: T DAY OF FEBRUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY 15396 MAYO /1w E CITY CORPUS CHRISTI, TEXAS Control: 617-1-72 Project: C617-1-72 S.H.358: From West of SH - 286 Intersection West to 0.5 Files N.W. of Airport Ditch WEST OSO DRAINAGE CONSTRUCTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES This agreement, made this day of , 1980 by and between the State of Texas, represented by the Engineer -Director, hereinafter referred to as the "State", party of the first part, and the City of Corpus Christi, Nueces County, Texas, acting by and through its duly authorized officers as authorized by Ordinance passed on the day of , 19 , hereinafter referred to as the "City", party of the second part. WITNESSETH WHEREAS, the City and the State are cooperating in the construction of - a controlled access highway on State Highway No. 358 from the S.H. 286 Interchange with S.H. 358 westward to the S.H. 44 Interchange with S.H. 358; and WHEREAS, said highway required the construction of a storm sewer system for proper drainage; and WHEREAS, it is considered the State's responsibility to provide said storm sewer drainage for said controlled access highway right of way and the front- age property which naturally drains to the said controlled access highway; and WHEREAS, the drainage of areas other than those.that naturally drain to the controlled access highway is considered the financial responsibility of. the City; and WHEREAS, it is in the public interest that the City and the State co- operate in the construction of a drainage outfall to provide drainage for the entire area under consideration; and WHEREAS, surveys, designs and cost estimates made cooperatively by the City and the State have determined: (1) the areas to be considered; (2) the drainage requirements for the areas under consideration; and (3) the relative financial responsibility of the City and the State; all of which are shown on a drawing marked Exhibit "A", attached hereto and made a part hereof; and WHEREAS, it is deemed advisable that the City and State each discharge their respective responsibilities with regard to the construction of the drainage outfall by the City making all utility adjustments and by the State constructing the facility and each party hereto paying for the cost of sections of the drainage outfall as hereinafter agreed and as indicated on Exhibit "A". AGREEMENT NOW, THEREFORE, it is agreed and understood that: 1. The City will proceed at the earliest practicable date to secure at its own expense: (1) the necessary West Oso Ditch right of way; (2) all outfall drainage easements; (3) all railroad crossing easements; and (4) make all neces- sary utility adjustments on the West Oso drainage outfall beginning at the south- west right of way line of State Highway 358 and extending downstream to Kelly Ditch. The City agrees to give the State, at no cost to the State, all borrow material (channel excavation) found within the West Oso outfall channel, which is to be removed to the approved lines and grades. 2. The City will maintain all outfall channels, riprap, concrete boxes and other structures that are within the West Oso outfall channel area and outside the limits of the right of way of State Highway 358. The State will maintain the -2- drainage system proposed for construction on State Highway 358 and the West Oso outfall channel structure within the State Highway 358 right of way. 3. The City will indemnify the State against any and all damages and claims for damages against the State resulting from the operation and maintenance of the West Oso outfall drainage channel. All judgments for such damages of any trial court or such appellate court to which an appeal or request of the City has been taken, shall be paid by the City upon such judgment becoming final. Such payments shall include but are not limited to those damages resulting from injury to or death of persons or for loss of or damage to property and any and all court costs, attorney's fees and expenses related to or connected with any claims or suits for damages resulting from said operation and maintenance. If requested in writing by the State to do so, the City shall assist the State with or relieve the State from defending any such suits brought against it. 4. The State will proceed at the earliest practicable date to construct at its own cost and expense: (1) the concrete box culvert within the State Highway 358 right of way at approximately BL Sta. 691+00; (2) the removal of common channel borrow material to the lines and grades shown on Exhibit "A"; (3) temporary ero- sion control during construction. 5. The State will also construct at City expense: (1) drainage struc- tures under the Tex-Mex Railroad, structures under West Point Road, and inlets, pipe and riprap for down drain structures; (2) remove and replace railroad at West Oso Ditch by railroad force account; (3) seeding and riprap for permanent erosion control as shown on Exhibit "A". 6. Upon completion of construction plans and estimates, the City shall deposit in escrow with the State, in accordance with a separate agreement, funds equal to the estimated amount of the City's participation. -3- 7. It is agreed that engineering costs, including design, contract letting costs, surveying, inspection and supervision, shall be eight percent of the final contract construction cost of the structures indicated on Exhibit "A" to be financed by the City. 8. At the completion of the construction project, the final participa- tion quantities will be mutually agreed to by the parties hereto, to which quantities shall be applied the contract prices to determine the actual finan- cial responsibilities of these contracting parties. -4- IN WITNESS WHEREOF, the parties have hereto affixed their signatures, the City of Corpus Christi on the day of , 19_, and the State on the day of , 19 CITY OF CORPUS CHRISTI By: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating Title: and/or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway and Public Transportation Commission: ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS THE DAY OF , 19 City Attorney -5- By: Engineer -Director Executed and approved for State Highway and Public Transportation Commission under authority of Com- mission Minute Order No. 70104, dated June 20, 1975. RECOMMENDED FOR APPROVAL: District Engineer Bridge Engineer Chief Engineer of Highway Design Corpus Christi exas 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 suspension 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 ordinance finally,on the date_it is introduced, or at the present meeting of the City Council. Respectfully, THE C OF CORPUS CHRISTI, TEXAS The Charter rule was suspen�✓ by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass •; by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15396