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HomeMy WebLinkAbout09160 ORD - 12/11/19686 B.Iw:12/11/68 AN ORDINANCE AN ORDINANCE APPROVING THE AGREEMENT DATED DECEMBER 11, 1968, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE MAINTENANCE, CONTROL, SUPERVISION AND REGULATION OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF CORPUS CHRISTI; AND PRO- VIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, R *3:F -? SECTION 1. THAT THE CERTAIN AGREEMENT DATED DECEMBER 11, 1968, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI FOR THE MAINTE- NANCE, CONTROL, SUPERVISION AND REGULATION OF CERTAIN STATE HIGHWAYS AND/ OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF CORPUS CHRISTI BE, AND THE SAME IS HEREBY APPROVED; AND THAT R. MARVIN TOWNSEND, CITY MANAGER, IS HERE- BY 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 NECESSITY TO IMMEDIATELY ENTER INTO THE AFORE- SAID AGREEMENT CREATES A PUBLIC EMERGENCY AND 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 NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDI- NANCE 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 O/;!�b DAY OF DECEMBER, 1968. ATTEST: CITY SECRET RY APPROVED: _4 DAY OF DECEMBER, 1968: CITY ATTO EY 0 THE CITY OF CORPUS CHRISTI, TEXAS F 91-ro Form 1038 (Revised 7 -1 -67) MUNICIPAL MAINTENANCE AGREEMENT STATE-OF TEXAS O COUNTY OF TRAVIS () THIS AGREEMENT made this IITH day of DECEMBER , 19-68—, by and between the State of Texas, hereinafter referred to as the "State ", party of the first part, and the City of Corpus Christi cueceo County, Texas (population 167.6% 1960 Federal Census) acting by and through its duly authorized officers, hereinafter called the "City ", party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to Assist. the mainten- ance of State Highway routes within such city; and WHEREAS, the State Highway Engineer, acting for and in behalf of the State Highway Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision, and regulation of State Highway routes within such city, conditioned that the City will enter into agreements with the State for the purpose of determining the responsi- bilities of the parties thereto: A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: -1- Form 1038 (Revised 7 -1 -67) Coverage 1. This agreement is intended to cover and provide for State participation in the maintenance of the following classifi- cation of State Highway routes within the City: A. Non - Controlled Access routes or portions thereof which are described and /or graphically shown as "State Main- tained" routes in Exhibit "A ", which is attached hereto and made a part hereof. B. All State Highway routes or portions thereof which have been designated by the Texas Highway Commission as Con- trolled Access Highways and which are described and /or graphically shown in Exhibit "B ", which is attached hereto and made a part hereof. The City shall retain full responsibility for the mainten- ance of those State Highway routes and portions thereof which are listed and /or graphically shown in Exhibit "A" and Exhibit "B" as "City Maintained" routes, except that the State is hereby authorized by the City to erect and maintain normal route markers and directional and desti- nation signs thereon for direction of highway traffic. 3. In the event that the present system of State Highway routes within the City is changed by cancellation, modified routing, new routes, or change in the City's corporate limits, the State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained" under paragraph 1 above, unless the execution of a new agreement on the changed portion of the routes is requested by either the City or the State. GENERAL CONDITIONS 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered'by this agreement in the manner set out herein. -2- • Form 1038 (Revised 7 -1 -67) 2. This agreement shall supplement ALL existing agreements between the State and the City for the maintenance or construction and maintenance of the highways covered herein and this agreement shall supersede such existing agreements only in respect to points of conflict. 3. Traffic regulations indluding speed limits, will be established and fixed by agreement with the State after traffic and engi- neering surveys have been conducted. 4. It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. 5. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes throughthe City and shall in no way be considered to cover any present or past obli- gation either real or anticipated concerning such State Highway routes through the City. 6. The City shall prohibit the movement of loads over State main- tained streets which exceed the legal limits for either weight, length, height or width, as prescribed in Vernon's Penal Code 827a for public highways outside corporate limits of cities, except those having proper permits from the State for such movements. The City shall also, by ordinance and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the street and /or for traffic safety. 7. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present encroachments when requested by the State except where specifi- cally authorized by separate agreement; and prohibit the plant- ing of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior agreement with the State. B. The City agrees that traffic control devices, such as stop and slow signs, traffic signal lights and other types of devices for traffic control, in respect to type of device, points of installation, and necessity will be fixed by agree- -3- Form 1038 (Revised 7 -1 -67) ment with the State after traffic and engineering surveys have been made. The City agrees that it will not install or main- tain or permit the installation or maintenance of any type of traffic control device which will affect or influence the utility of the State Highway routes without having obtained in writing the prior approval of the State. Traffic control de- vices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that future traffic signal lights installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation and maintenance. 9. The City agrees to continue its responsibility for proper con- struction, maintenance and control of access driveway facilities in accordance with "Regulations for Access Driveways to State Highways" adopted by the Texas Highway Department or in accord- ance with other standards and specifications for the design, construction and maintenance details subject to approval by the Texas Highway Department. 10. It is understood that the use of unused right of way and areas beneath structures for parking, will be the responsibility of the City as determined by a separate agreement. NON - CONTROLLED ACCESS HIGHWAYS State's Responsibilities 1. Maintain the pavement, base and its support and maintain the shoulders on those sections where there is no curb and gutter. 2. Install and maintain normal highway markings necessary for directing highway traffic in a safe and efficient manner, which shall include normal route markers, directional and destination signs, center line, lane line and no- passing barrier line stripes, and such other pavement markings considered necessary for direction of traffic, except crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the approval of the State. -4- Form 1038 W (Revii3ed 7 -1 -67) 3. Assist the City in sweeping and otherwise cleaning the pavement, in mowing and cleaning of litter; and in maintenance of roadway ditches, on those sections of State Highway routes where and to the extent that such duties are delineated on Exhibit "A ". 4. Assist in snow and ice control as availability of labor and equipment will allow. City's Responsibilities 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to determine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 2. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be per- formed in accordance with State Highway Department specifi- cations and subject to approval of the State. 3. Retain all functions and responsibilities for maintenance, control, supervision, and regulation which are not specifi- cally described as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is speci- fically covered in a separate agreement between the City and the State. -5- Form 1038 • (Revised 7 -1 -67) CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" con- tained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and /or graphically shown in Exhibit "B ". State's Duties 1. Maintain the travelled surface of the through lanes, ramps and frontage roads and those things beneath such travelled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean-up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads exist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways,and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and separation structures or roadways. 5. Erect and maintain all normal markings and signs necessary for the proper use of the facility and direction of traffic thereon. 6. Maintain all drainage facilities within the limits of the right of way AND OUTSIDE RIGHTS OF WAY IN ACCORDANCE WITH SEPARATE AGREEMENTS. City's Duties 1. Restrict parking on frontage roads to parallel parking on one side only and prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances and taking other appropriate action in addition to full compliance with current laws on parking. -5a- .Form 1038 • (Revised 7 -1 -67) 2. Pass and enforce an ordinance providing for one way traffic on the frontage roads except as may be otherwise agreed to by separ- ate agreements with the State. 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is under- taken, crossing over or under the highway facility or entering the right of way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practicable. 4. Pass necessary ordinances and retain its responsibility for en- forcing the control of access to the Freeway facility. -5b- Form 1038 (Revised 7 -1 -67) Termination 1. It is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State Highway routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Said State assumption of maintenance shall be effective the date of execution of this agreement by the Highway Department. IN WITNESS WHEREOF, the parties have hereunto affixed their signa- tures, the City of CaepW Cbristi on the 11TH day of DECEMBER, 19 68 , and the Highway Department on the day of 19 ATTEST: CITY OF CMPU9 CMISTI CITY SECRETARY APPROVED: DAY OF DECEMBER, 1968: CITY ATTORNEY APPROVAL RECOMMENDED: District Engineer, District 16 Engineer of Maintenance BY R. MARVIN TOWNSEND CITY MANAGER (Title of Signing Official) STATE OF TEXAS 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,. By: Chief Engineer of Maintenance Operations Note: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. -6- CORPUS CHRISTI "EXHIBIT A" NON CONTROLLED ACCESS HIGHWAYS I. STATE MAINTAINED A. U.S. HIGHWAY 77: From the south city limits to junction with Interstate 37 (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) B. STATE HIGHWAY 9 Business Route (Loop 407): From junction with Interstate 37 to Spur 72 (Base, surface and structures only.) C. STATE HIGHWAY 44: From west city limits to junction with State Highway 358 (Base, surface and structures only.) D. STATE HIGHWAY 286: From Tarlton Street to State Highway 358 (Base, surface and structures only.) From State Highway 358 to south city limits (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) E. STATE HIGHWAY 357: From south city limits to junction State Highway 358 (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) F. STATE HIGHWAY 358: From junction Interstate 37 to U.S. Naval Air Station (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) G. FARM MARKET HIGHWAY 24: From State Highway 9 Business Route (Loop 407) to south city limits (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) H. FARM MARKET HIGHWAY 624: From west city limits to junction U.S. Highway 77 (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) I. FARM MARKET HIGHWAY 665: From southwest city limits to junction State Highway 358 (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) From junction State Highway 358 to junction State Highway 44 Business Route (Loop 443) (Base, surface and structures only.) J. FARM MARKET HIGHWAY 763: From junction State Highway 44 to south city limits (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) Sheet 1 of 3 K. FARM MARKET HIGHWAY 1694: From junction State Highway 9 Business Route (Loop 407) to south city limits (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) L. FARM MARKET HIGHWAY 2292: From State Highway 9 Business Route (Loop 407) to south city limits (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) M. PARK ROAD 22: From junction State Highway 358 to southeast city limits (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) N. SPUR 72, From junction Interstate 37 to junction State Highway 9 Business Route (Loop 407) (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) 0. STATE HIGHWAY 9: From Mesquite Street via Expressway Lanes to Shoreline Blvd. (Base, surface, structures and assist in mowing, litter clean -up, sweeping and maintenance of roadway ditches.) II. CITY MAINTAINED A. STATE HIGHWAY 44: (West Bound) Beginning at U.S. Highway 181 Expressway "Off" (Loop 443) Ramp near Mesquite and Twigg Streets, along Twigg to Water Street, along Water Street to Williams Street, along Williams Street to Mesquite Street, along Mesquite Street to Upper Broadway which is the beginning of Midtown Traffic Exchange, through the Midtown Traffic Exchange to Laredo Street, along Laredo Street to Agnes Street, along Agnes Street to the intersection of State Highway 358 (South Padre Island Drive.) B. STATE HIGHWAY 44: (East Bound) Beginning at the intersection of State Highway (Loop 443) 358 (South Padre Island Drive) and Agnes Street, along Agnes Street to Carrizo Street, the beginning of the Midtown Traffic Exchange, through the Midtown Traffic Exchange to Chaparral Street, along Chaparral Street to Laguna Street, along Laguna Street to Water Street, along Water Street to State Highway 9 North Expressway Lane near Belden Street. C. STATE HIGHWAY 9z (West Bound) Beginning on Water Street (State Highway 44 (Loop 407) Business Route) at the State Highway 9 Business Route (Loop 407) Frontage Road, along Water Street to Schatzel Street, west on Schatzel Street to Leopard Street, west on Leopard Street to junction of Spin 72 (Corn Products Road) D. STATE HIGHWAY 9: (East Bound) Beginning at Spin 72 (Corn Products Road) along (Loop 407) Leopard Street to Lawrence Street, down Lawrence Street to Water Street, north on Water Street (State Highway 44 Business Route) to State Highway 9 Business Route Frontage Road. Sheet 2 of 3 CORPUS CHRISTI, TEXAS �J / J/ DAY OF(/I�CC[il7LF1OJi��96� 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 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, M oR 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.i� GABE LOZANO, SR. KEN C ✓CDAN I EL ( O 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. KEN MCDANIEL W. J. "WRANGLER" ROBERTS