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HomeMy WebLinkAbout07882 ORD - 01/26/1966e t.. AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JANUARY 17, 1966, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE INSTALLATION, CONSTRUC- TION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS AT THE LOCATIONS-SHOWN ON EXHIBIT 1 ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;-AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CERTAIN AGREEMENT DATED JANUARY 17, 1966, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE INSTALLA- TION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE LOCATIONS SHOWN ON EXHIBIT 1, ATTACHED HERETO AND = MADE A PART HEREOF, IN THE CITY OF CORPUS CHRISTI, BE,r,' THE SAME IS HEREBY APPROVED, AND HERBERT W. WHITNEY, CITY MANAGER, IS HEREBY AUTHORIZED TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CORPUS CHRISTI, AND TO TRANSMIT THE SAME TO THE STATE OF TEXAS FOR APPROPRIATE ACTION. SECTION 2. THE FACT THAT THE HIGHWAY TRAFFIC SIGNALS ARE NEEDED AT THE LOCATIONS SHOWN ON EXHIBIT 1, NAMELY STATE HIGHWAY 358 EAST FRONTAGE ROAD WITH S. H. 9 (LEOPARD STREET) AND STATE HIGHWAY 358 WEST FRONTAGE ROAD WITH S. H. 9 (LEOPARD STREET) CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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 ACCORDINGLY SO ORDAINED, THIS THE aC (e DAY OF JANUARY, 1966. ATTE CIT�RETA •iH!�j/ YOR APPROVVEED_AS TO LEGAL FORM THIS THE CITY OF CORPUS CHRISTI, TEXAS :Z Amk� a 716SISTANT Cl TY�J�'f'1'O RNEY // 7882 ; y • 3 _ STATE OF TEXAS Y COUNTY OF TRAVIS This AGREEMENT, made this 17th day of January , 1966 by and between the State of Texas, hereinafter called the "State," Party of the {y First Part; and the City of Corpus Christi Nueces County, Texas,'acting by and through its duly authorized officers under an qjd..i .UZepassed the day of 19 , hereinafter called the "City," �•' Party of the Second Part: 7 I e� `;..� W I T N E S S E T H -r WHEREAS, the City has authorized the installation of highway traffic ' ; signal(s) by Ordinance Resolution passed on the day of 19 at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, 4 . in the City: A G R E E M E N T NOW, therefore, in consideration of the premises and of the mutual cove -. nant6 and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 4 9 1. The State will furnish the necessary funds for the actual construction, 'f. prepare plans and specifications, install said highway traffic signal(s), and super- ' vise construction. 2. The City hereby consents to the construction of the highway traffic yr' signal(s) shown on EXHIBIT 1 by the approval of the location and manner of construc- tion as shown on plans and described in specifications attached hereto, marked i a AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E-lA) 4 -60 -767 1 -4 D -18 _ 4 ' EXHIBIT 2, and made a part hereof. 3'. The City will'operate and maintain the highway traffic signal(s) upon completion of the installation(s) by the State. 4. The City will pay all power costs for operating the signal(s). +. 5. The City will obtain written approval of the State Highway Engineer 9 I before making any changes in the design of operation and timing of the signal(s) or before removing any part of the installation(s). 6. The City will return'any'and all parts of said highway traffic signal installation(s) to the State should ft- (they) be removed by the City for any reason " other than for installation on a State or Federal numbered highway route at a f , f location approved by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 8. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and /or Contracts between the City and the State, this Agreement shall take precedence over the other Agreements and /or Contracts. a e t i AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -lA) 4 -60 -767 F n`' 2 -4 D -18 n IN TESTIMONY WHEREOF„ the parties hereto have caused these presents to be executed in triplicate on the day'above stated. ATTEST: CITY OF CORPUS CHRISTI , By Secretary for Cityf City Manager APPROVED AS TO LEGAL FORM: 1 -25 -66 THE STATE OF TEXAS CITY ATTORNEY ' i Certified as being executed for the �+ DIRECTOR OF FINANCE purpose and effect of activating - + and /or carrying out the orders, established policies, or work pro- grams heretofore approved and i authorized by the State Highway ti Commission: e j By Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: General Attorneys for the City District Engineer I'ifG, A6sistant Attorney General Engineer of Traffic i• gyp• w ifx I a ',-AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E-1A) 4 -60 -767 3 -4 D -18 i EXHIBIT 1 LOCATIONS) 1. State Highway 358 East Frontage Road with S.H. 9 (Leopard St.) Installation of interconnecting cable and controller to operate City installed signal heads and detectors from State signal controller located at West Frontage Road. ..,; 2. State Highway 358 West Frontage Road with 5. ,U. 9 (Leopard St.) X•�I .e. r ; fi- t i� +1t'' ! i f , AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1A) 4 -4 _ tl� • 't t . 4 -60 -767 D -18 CORPUS CHRISTI, TEXAS DAY OF V CLya/ f 194 J 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 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, 2 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ' DR. MCIVER FURMAN (��2 JACK BLACKMON PATRICK J. DUNNE ! //.C•tO DR. P. JIMENEZ, JR. KEN MCDAN I EL 0 RONNIE SIZEMORE, .xri�Q WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN l..(�'f 0 JACK BLACKMON CA_'c 4 p : PATRIICK J. DUNNE _6e' 0 Y DR. P. JIMENEZ, JR. } ` ♦' KEN MCDAN I EL O �, s RONNIE SIZEMORE WM. H. WALLACE i ae