HomeMy WebLinkAbout19534 ORD - 10/28/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE U.S. NAVY
AND THE TEXAS MEXICAN RAILWAY COMPANY RELATING TO
CONSTRUCTION OF DRAINAGE FACILITIES WITHIN THE RAILROAD
RIGHT-OF-WAY AT BEAR LANE; APPROPRIATING $6,000; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be authorized to execute agreements
with the U.S. Navy and the Texas Mexican Railway Company relating to
construction of drainage facilities within the railroad right-of-way at Bear
Lane, copies of which agreements are attached hereto and made a part hereof
marked Exhibits "A" and "B" and "C".
SECTION 2. That there is hereby appropriated $6,000 from the No. 295
Storm Sewer Bond Fund, applicable to Project No. 295-72-2.2, Baldwin Farms
Drainage Outfall.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to take
immediate action to preserve and protect public property by expediting the
4 construction of public improvements, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shall take effect upon first reading as an emergency
measure this the 28th day of October, 1986.
ATTEST:
City e�y*�'^f
APPROVED: 027. DAY OF OCTOBER, 1986
HAL GEORGE, CITY ATTORNEY
99.011
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
19534 MICROFILMED
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THI5 AGREEMENT, made this,day of
19
by and between the City of Corpus Christi, hereinafter called "City" and the
Texas Mexican Railway Company, a corporation, hereinafter called "Railway
company" acting by and through A. R. Ramos as Chairman of the Board and Chief
Executive Officer.
WITNESSETH
WHEREAS, the United States Navy owns the property and track thereon at
the location described below, said property and trackage being used by The
Texas Mexican Railway Company under a lease from the United States Navy, and
WHEREAS, in connection with the construction of State Highway 358, and an
attendent drainage outfall known as the Baldwin Farms Outfall, the City
proposes to open -cut an excavation across property leased by the Railway
Company from the United States Navy and to construct a 3 barrel 7' x 6'
Multiple Box Culvert, at a point where the drainage outfall crosses the track
used by said Railway Company at Railroad Station Number 89+87, as indicated on
Exhibit "A" attached hereto and made a part hereof, and
WHEREAS, actual construction across said property leased to the Railway
Company will be under contract by the Texas Department of Highways and Public
Transportation by separate agreement between said state agency and the City,
and
WHEREAS, said construction of the Multiple Box Culvert will necessitate
removing and relaying the railroad track, and
WHEREAS, the City will bear the cost of the above described work, said
track adjustment to be performed by the Railway Company and said construction
of Multiple Box Culvert to be performed by the City acting through the State
Department of Highways and Public Transportation, hereinafter called the
"State".
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively kept
and performed as hereunder set forth, and subject to the approval and consent
of the United States Navy, as to this agreement, it is agreed as follows:
1. The Railway Company hereby grants the City and State permission to
construct a multiple barrel box culvert across Railway Company's right-of-way
as shown on Exhibit "A".
2. The permission hereby granted shall not in any way prevent the Railway
Company from operating its trains, from multiplying or changing track across
the land over which permission has been granted.
Agreement - Tex-Mex Railroad
Baldwin Farms Outfall
Page 1 of 5
Al•"A
3. The Railway Company agrees, at its own expense, to remove the track,
crossties, track spikes and tie plates as necessary in order to permit the
installation of the pre -cast reinforced concrete boxes. When the concrete
boxes have been placed and the backfill compacted, the Railway Company agrees
to relay that portion of removed track.
4. Upon completion of the work, the Railway Company shall bill the City,
which will pay to the Railway Company the cost of labor, material and expenses
incurred. Reimbursement to the Railway Company will be made for work
performed and materials furnished including, but not limited to, insurance
premiums and coverage at the rate and amount set forth in the approved cost
estimate attached, in accordance with the provisions of Federal -Aid Highway
Program Manual, Volume 1, Chapter 4, Section 3, issued by the Federal Highway
Administration on April 25, 1975, and amendments thereto except as modified by
the provisions herein.
5. The Railway Company shall remain adequate cost accounting records for
auditing purposes for a period of three years after payment of the final bill.
6. The Railway Company has estimated that the cost to the City for the track
removal and replacement per this agreement is $6,000.00. When final billing
is made to the City, such billing will include copies of payroll time
statements, equipment useage and related items.
7. The Railway Company shall remove its track through the affected area and
arrange with the State's contractor for a window of 72 continuous hours of
time in which said contractor is to remove the existing bridge structure,
install the new concrete boxes and backfill to grade. Upon completion of
above work by the State's contractor, the Railway Company shall replace the
said track for the passage of trains. The State's contractor will work
continuously during the 72 hour time frame to complete the work and every
effort will be made by the State's contractor to lessen the 72 hour time frame
in order that the track will be back in service in the minimum amount of time.
S. since construction of the drainage facility under the Railway Company's
tracks is to be performed within a limited time frame and any delays will
result in an interruption of the Railway Company's scheduled service, all
parties involved (City, State, Railway Company and contractor) shall mutually
agree upon the dates and times during which construction will occur. Should a
delay occur after track has been removed by the Railway Company's forces which
would cause the downtime to exceed the 72 hour time frame, then the State's
contractor shall be liable for all expenses incurred by the Railway Company
caused by such delay.
9. The City reserves the right to cancel this agreement for any reason and
at any time prior to the issuance of a ".Work Order" by the City to the Railway
Company to proceed with any part of the work outlined herein. The City will
not be responsible for any expense incidental to any cost incurred in the
event of the cancellation of this contract.
10. The contract or contracts to be let by the City or State for construction
of the work to be done within the Railway Company's right-of-way shall contain
insurance provisions as follows:
Agreement - Tex-Mex Railroad
Baldwin Farms Outfall
Page 2 of 5
A. Standard Manufacturers' and Contractor's Liability Insurance: The
contractor shall furnish evidence to the Railway Company that, with
respect to the operations he performs, he carries regular Contractor's
Liability Insurance providing for a limit of not less than One Million
Dollars ($1,000,000.00) for all damages arising out of bodily injuries
to/or death of one or more persons in any one occurrence, and Property
Damage Liability Insurance providing for a limit of not less than Five
Hundred Thousand Dollars ($500,000.00) for all damages arising out of
injury to/or destruction of property in any one occurrence and subject to
that limit per occurrence, a total (or aggregate) limit of One Million
Dollars ($1,000,000.00) for all damages arising out of injury to/or
destruction of property during the policy period.
B. Contractor's Protective Liability Insurance: The Contractor shall
furnish evidence to the Railway Company that, with respect to the
operations performed for him by subcontractors, he carries in his own
behalf regular Contractor's Protective Liability Insurance providing for
a limit of not less than One Million Dollars ($1,000,000.00) for all
damages arising out of bodily injuries to/or death of one or more persons
in any one occurrence, and Protective Property Damage Liability Insurance
providing for a limit of not less than Five Hundred Thousand Dollars
($500,000.00) for all damages arising out of injury to/or destruction of
property in any one occurrence and subject to that limit per occurrence,
a total (or aggregate) limit of One Million Dollars ($1,000,000.00) for
all damages arising out of injury to/or destruction of property during
the policy period.
C. Railroads' Protective Liability and Property Damage and Physical
Damage to Property Insurance: The Contractor shall furnish an original
policy to the Railway Company for and in behalf of the Railway Company
which, with respect to the operations he or any of his subcontractors
perform, provides the Standard Railroad Protective Liability Policy, with
coverage as outlined in General Casualty Bulletins No. 258, dated July 9,
1958, No. 345, dated February 19, 1965, and No. 365, dated August 4,
1967, issued by the State Board of Insurance of Texas, providing for
Bodily Injury, Death and Property Damage limited to a combined amount of
Two Million Dollars ($2,000,000.00) per occurrence, and subject to 'a
total (or aggregate) limit of Six Million Dollars ($6,000,000.00).
D. General: This insurance, as specified in paragraph C above, shall
be carried until all work to be performed on the Railway Company's
right-of-way has been completed.
11. During the performance of this contract, the Railway Company (referred to
as the "contractor" in the following paragraphs numbered 1 through 5), for
itself, its assignees and successors ,in interest, agrees to comply with the
following six paragraphs except in those instances where work undertaken under
this agreement is performed by its own forces.
Agreement - Tex-Mex Railroad
Baldwin Farms Outfall
Page 3 of 5
1. Compliance with Regulations: The contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimination
in federally assisted programs of the Department of Commerce (Title 15,
Code of Federal Regulations, Part 8, hereinafter referred to as the
"Regulations"), which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination: The contractor, with regard to the work
performed by it after award and prior to completion of the contract work,
will not discriminate on the ground of race, color, or national origin in
the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate,
either directly or indirectly, in the discrimination prohibited by
Section 8.4 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix A-11 of the Regulations.
3. Solicitations for Subcontractors, including Procurements of
Materials and Equipment: In all solicitations, either by competitive
bidding or negotiations made by the contractor for work to be performed
under a subcontract, including procurement of materials and equipment,
each potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race, color or
national origin.
4. Information and Reports: The contractor will provide all
information and reports required by the Regulations, or orders and
instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information, and its
facilities as may be determined by the City to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor
shall so certify to the City and shall set forth what efforts it has made
to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provision of this contract, the
City shall impose such contract sanctions as it may determine to be
appropriate, including, but not limited to:
A. withholding of payments to the contractor under the contract until
the contractor complies and/or
B. cancellation, termination or suspension of the contract in whole or
in part.
12. Incorporation of Provisions: The contractor will include the provisions
of paragraphs (1) through (5) in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations, order, or
instructions issued pursuant thereto. The contractor will take such action
with respect to any subcontract or procurement as the City may direct as a
means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of
Agreement - Tex-Mex Railroad
Baldwin Farms Outfall
Page 4 of 5
such direction, the contractor may request
litigation to protect the interests of the
contractor may request the United States to
protect the interests of the United States.
IN TESTIMONY WHEREOF, the parties hereto
executed in duplicate on the day above stated.
0
the City to enter into such
City, and, in addition, the
enter into such litigation to
have caused these presents be
THE TEXAS MEXICAN RAILWAY COMPANY THE CITY OF CORPUS CHRISTI
By: By:
A.R. Ramos, Chairmen of the Craig A. McDowell, City Manager
Board & Chief Executive Officer
ATTEST:
(Seal)
ATTEST:
Secretary for Railway Company City Secretary
RECOMMENDED:
APPROVED:
day of
By:
, 19
Assistant City Attorney
APPROVED AS TO FORM:
Attorneys for the Railway Company
Agreement - Tex-Mex Railroad
Baldwin Farms Outfall
Page 5 of 5
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U.S NAVAL AIR
STATION
CITY OF CORPUS CHRISTI
7 3— 7 x 6 DRAINAGE CULVERT
• ..._STATION 89 + 97
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PLAN SHOWING LOCATION OF
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4
CONSENT AGREEMENT
OF THE
TEXAS MEXICAN RAILWAY COMPANY
THIS AGREEMENT made and entered into, by and between the Texas -Mexican
Railway Company, a Texas Corporation domiciled in the County of Webb, State of
Texas, hereinafter called the "Railroad" and the City of Corpus Christi,
Texas, a municipal corporation hereinafter called the "User".
WITNESSETH
WHEREAS, the United States of America is the owner of an easement and
railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900
attached hereto, marked Exhibit "A" and made a part hereof; and
WHEREAS, on the 25th day of June, 1947, the United States of America
entered into an Agreement NOy(R)-41896 with the "Railroad" concerning the use
of such tracks and facilities; and
WHEREAS, the City of Corpus Christi, Texas desires to lay a three -barrel
seven -foot by six-foot reinforced concrete box drainage culvert under and
across the Government's existing track at the location known as the
"Railroad's" Engineering Station 89+97 as is shown more particularly on
Exhibit "A"; and
WHEREAS, subject to the terms and conditions stated below, the Texas
Mexican Railway Company has no objection to the crossing of and underneath.
said track insofar as said Railway Company's operations are concerned;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican
Railway Company, and the City of Corpus Christi, Texas do hereby enter into
the following agreement:
1. The railroad does hereby grant its permission for the said city to lay
and maintain, operate and repair the above listed pipe line. Said pipe line
shall be installed and maintained at all times in a proper and protective
manner.
2. It is understood and agreed that before said pipe line is installed and
also before any changes or repairs are made at any time, that the "User" will
notify the General Manager's Office in Laredo, Texas, of the "Railroad". The
"User agrees to maintain the said pipe line so as to keep it free from leaks
and defects and interference with drainage at the said location.
3. It is understood and agreed that said "User" shall well and sufficiently
indemnify and save harmless the "Railroad" from all claims, demands, damages,
actions and court costs to which said "Railroad" is subjected to paying as a
result of the negligent maintenance, use and operation of said pipe line,
including the negligent construction, repair or failure, in any manner of said
line, if the "User" would have been, in law, liable therefor after assertion
of legal defenses.
4. It is understood and agreed also that the agreements under this consent
agreement to said "User" are limited and strictly subject, to rights and
obligations possessed by the "Railroad" under its agreement 'with the
"Government".
5. The said "User" has paid to the "Railroad" the sum of One Dollar ($1.00)
as a part of the consideration for this agreement, the receipt of which is
hereby acknowledged.
6. If upon and after abandonment by ordinance by the Council of the City of
Corpus Christi, Texas, in regular session, of said pipe line, said City or
"User" has not removed all of its property within a reasonable length of time,
covered by this agreement from under the railroad tracks, it is understood and
agreed that said "Railroad" shall have the full right in its discretion to
retain said property on said premises or to destroy, abandon, sell or
otherwise dispose of the same. However, in the event the "Railroad" removes
the property and restores the premises to its original condition, any expense
incurred by the "Railroad" concerning such removing and relocation shall be
borne by the City of Corpus Christi, Texas.
7. All obligations imposed by this contract shall be performable in the
County of Nueces, Texas and binding upon the parties hereto, their successors
and assigns.
EXECUTED IN DUPLICATE ON THIS
day of , 19
ATTEST: THE TEXAS MEXICAN RAILWAY COMPANY
Secretary, The Texas -Mexican
Railway Company
By:
ATTEST: CITY OF CORPUS CHRISTI
City Secretary Craig A. McDowell, City Manager
APPROVED:
By:
day of , 19
Assistant City Attorney
Consent Agreement
Texas -Mexican Railway Co.
Page 2 of 2
•
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CM OF CORPUS CHR/STI
3- 7 x 6 DRAINAGE CULVERT
STATION 89 + 97
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THIS DRAWING WAS TRACED
11101.1 A REDUCER COPY OF .• • SCALE IN MILER •
1145 DRAWING NO.100000
•
U.S. NAVAL AIR 0101100
0000u5 0311501. 11040
PLAN SHOWING LOCATION OF
NAS. RAILROAD FACILITILS
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.4
CONSENT AGREEMENT
OF THE
UNITED STATES OF AMERICA
THIS AGREEMENT, made and entered into by and between the UNITED STATES OF
AMERICA, represented by the Commanding Officer, U.S. Naval Air Station, Corpus
Christi, Texas, hereinafter called the "Government" and the City of Corpus
Christi, whose address is P.O. Box 9277, Corpus Christi, Texas 78469,
hereinafter called the "User" to wit:
WITNESSETH
The "Government" hereby states that no objection is made to the "User's"
occupancy and use for the purpose of constructing, maintaining, operating and
repairing a three -barrel seven -foot by six-foot reinforced concrete box
culvert hereinafter referred to as the "Facility" in, through, under, over and
across a portion of land described as follows:
A strip of land 40 feet in length and 60 feet in width, the centerline of
which intersects Station Number 89+97 of the existing railroad as shown
on Exhibit "A" attached hereto and made a part hereof, with ingress to
and egress from the said land for the purposes above stated,
Under the following terms and conditions:
1. That the "User" previously has obtained written consent from the Texas
Mexican Railway Company for the construction of the "Facility" and approval of
the plans and specifications therefor.
2. That the "User" assumes the burden of obtaining any easement required
from the owner and any and all parties having or claiming to have an interest
herein.
3. This statement of no objection is not assignable or transferable, except
upon written consent by the "Government" or its duly authorized representative
named herein.
4. In no event shall this agreement be considered as granting any interest
in the lands hereinabove described. Further, this instrument shall not be
construed as granting any right in excess of the rights and interests
presently owned by the "Government", nor as in any way granting any part of
the rights and interests owned by the "Government".
5. The "User" shall retain title to the "Facility" covered by this
instrument and all costs and expenses incurred in connection with the
constructing, maintenance, operation, repair and removal of said "Facility"
shall be borne by the "User". Upon the termination of the use, . the "User"
shall remove the hereinabove described facility and restore the land
described, as nearly as practicable to its condition prior to the construction
of the "Facility" to the satisfaction of the "Government". In the event the
"User" fails or refuses to remove the "Facility" and restore the premises to
the satisfaction of the "Government", the "Government" may do so and any
expenses incurred by the "Government" in removing such "Facility" or property
or in restoring the land, shall be reimbursed by the "User".
O
6. All activities as pertain to the aforesaid use shall be at the sole cost
of the "User", and shall be subject to such reasonable rules and regulations,
as regards supervision or otherwise, as may from time to time be prescribed by
the "Government" or by the Commanding Officer, U.S. Naval Air Station, Corpus
Christi, Texas, who is hereby designated as the local representative of the
"Government" in charge of administering this agreement.
7. In the event that death or injury occurs to any person, or loss,
destruction or damage to any property, in connection with the construction,
maintenance, operation repair, removal or restoration of the hereinabove
described "Facility" its agents, servants or employees, the "User" agrees to
indemnify and save harmless the "Government" from and 'against any loss,
expense, suit, claim, or demand to which the "Government" may be subjected as
result of death, injury, loss destruction or damage. But this agreement shall
not be constructed as giving any causes of action for recovery of any sum by
anyone other than the "Government" and the claims resulting from acts or
omissions of the "Government" will not be subject to indemnification or
reimbursement.
8. The "User" shall be responsible to the "Government" for any and all loss
or damage to "Government" property, arising out of the exercise of this
consent agreement. Any property of the "Government" damaged or destroyed by
reason of the exercise of the consent given herein, shall be promptly repaired
by the "User" to the satisfaction of the "Government" or in lieu of such
repair or replacement, at the election of the "Government" shall pay the
"Government" an amount sufficient to compensate for such loss sustained by
reason of damages to or destruction of the "Government's" property.
9. This agreement concerns use of a specified area for a specific purpose as
herein set out and the "User" shall not under any circumstances create an
interference with the use and enjoyment of rights or interests of the
Government in the land by "Government", its grantees or assigns.
10. No member of or delegate to the Congress, or Resident Commissioner shall
be admitted to any share or part of this agreement, or to any benefit arising
therefrom. Nothing, however, herein contained shall be construed to extend to
any incorporated company, if the consent agreement be for the general benefit
of such corporation or company.
11. The "User" warrants that no person or agency has been employed or
retained to solicit or secure this agreement, upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide established commercial agencies, maintained by the "User"
for the purpose of securing business. For breach or violation of this
warranty, the "Government" shall have the right to annual this agreement
without liability, or in its discretion, to require payment to the
"Government" by the "User" the full amount of such commission, percentage,
brokerage, or contingent fee.
Consent Agreement
United States of America
Pagey2_of_ 3_
0
IN WITNESS WHEREOF, the Navy Department on behalf of the United States of
America has caused this consent agreement to be executed this day of
, 19
UNITED STATES OF AMERICA
Ey:
THIS CONSENT AGREEMENT is also executed by the "User" in acknowledgement
and acceptance of the terms and conditions set forth therein, this day
of , 19
CITY OF CORPUS CHRISTI
By:
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
By:
day of , 19
Assistant City Attorney
Craig A. McDowell, City Manager
CERTIFICATE OF AUTHORITY OF PERSON
EXECUTING AGREEMENT ON BEHALF OF "USER"
I, Craig A. McDowell, certify that I am the City Manager of the City of
Corpus Christi, Texas, a municipal corporation, incorporated under the Home
Rule Statutes of the State of Texas, and that I, who signed the above and
foregoing consent agreement on behalf of the City of Corpus Christi was then
the City Manager, of said Municipal Corporation; that said consent agreement
was duly signed for and on behalf of said City of Corpus Christi by authority
of its governing body and is within the scope of its corporate powers.
Certified this day of , 19
Craig A. McDowell, City Manager
Sworn to and subscribed to before me this day of
, 19
Notary Public in and for the State of Texas
Consent Agreement
United States of America
Page 3 of 3
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CITY OF CORPUS CHRISTI
3— 7 x 6 DRAINAGE CULVERT
STATION 89 + 97
MIT
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EXH/B/T A"
NOTE:
TIIIS DRAWING WAS TRACED ,
FROM A REDUCCU COPY OF
00D DRAWING 60.103000 •
OCALC IN MILLS
.1.9.1. A1410,00410 14,Iv,, .TCVPAn0
IL 3. NAVAL AIR STATION
CORPUS CCRIStI. 10145
PLAN SHOWING LOCATION OF
N.A.S. RAILROAD FACILITIES
01111111 oA•
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CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
October 14, 1986
cc
m
rn
I certify to the City council that $6 000.00 , the amount required foig
the contract, agreement, obligation or expenditures contemplated in the above;
and foregoing ordinance is in the Treasury of the City of Corpus Christi to tgi
cP
credit of:
(O
Fund ND. and Name No. 295 Storm Sewer Bond Fund
Project ND.
Project Name
295-72-2.2
Baldwin Farms Drainage Outfall
0
from which it is proposed to be drawn, and such irony is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
- � Ji� /4
o
Corpus Christi, Texas
.74(` day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
?W. */
MAYOR
THE ITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passe •, by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19534