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Home My WebLink About09118 ORD - 11/13/1968vMP:11/12/68 • • AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED NOVEMBER 5, 196d, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE INSTALLATION, CON- STRUCTION EXISTENCE UgE, OPERATIONS 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 EXECU- TION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: p SECTION 1. THAT THE CERTAIN AGREEMENT DATED NOVEMBER 5, 1968, 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, AND THE SAME IS HEREBY APPROVED, AND R. MARVIN TOWNSEND, CITY MANAGER, 15 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 11 NAMELY STATE HIGHWAY 286 EAST FRONTAGE ROAD WITH GOLLIHAR ROAD AND STATE HIGHWAY 286 WEST FRONTAGE ROAD WITH GOLLIHAR ROAD 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 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 THEj DAY OF NOVEMBER, 1968. ATTEST: . '� /� 'fl 0 G �iY CITY SECRETARY OR HE CITY OF CORPUS CHRISTI, TEXAS APPROVED: %3Vr_DAY OF NOVEMBER, 1 68: r 91I-8 AS ISTANT CI Y ATTOR Y STATE OF TEXAS j COUNTY OF TRAVIS j This AGREEMENT, made this 5th day of November , 19 68 , by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Corpus Christi Nueces County, Texas, acting by and through its duly authorized officers under an qgaWe passed . the day of NOVEMBER , 19 68 , hereinafter called the "City," Party of the Second Part: W I T N E S S E T H WHEREAS, the City has authorized the installation of highway traffic signal(.) by Ordinance passed on the day of NOVEMBER 19 68 , j2 brh,�x at the locations) shown on EXHIBIT 1, attached hereto and made a part hereof, in-the City: A G R E E M E N T NOW, therefore, in consideration of the premises and of the mutual cove- nants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install eaid highway traffic signal(.), and super- vise construction. 2. The City hereby consents to the construction of the highway traffic signals) 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 AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E-lA) 4 -60 -767 1 -4 D -18 I '' 0 EXHIBIT 2, and made a part hereof. S. 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 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 Ik (they) be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a 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. AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1A) 4 -60 -767 2 -4 D -18 d IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: By Secretary for City City Manager THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway Commission: By Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: General Attorneys for the City District Engineer Engineer of Traffic Assistant Attorney General AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E-lA) 3 -4 4 -60 -767 D-18 k' U TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS DAY OF tt�j9°O 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 COUNCILS 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, 7 YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GAGE LOZAN O, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR.�J KEN MCDANIEL W. J. "WRANGLER" ROBERTS