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Home My WebLink About09502 ORD - 09/24/1969AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED SEPTEMBER 15, 1969, 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 EXHIBHT 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 SEPTEMBER 15, 1969, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT 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, 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 LOCATION SHOWN ON EXHIBIT 1, NAMELY STATE HIGHWAY 286 EAST AND WEST FRONTAGE ROADS WITH HORNE ROAD CREATES A PUBLIC EMERGENCY AND AN IMPERATIOE 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 THE AY OF SEPTEMBER; 1969. ATTE w f�� ax- 4 CITY SECR12r MAYO THE CITY F CORPUS CHRISTI, TEXAS APPROVED: DAY OF SEPTEMBER, 1969: CITY A TORNEY Y 9502 - ` - STATE OF TEXAS T COUNTY OF TRAVIS j This AGREEMENT, made this - 15th day of September , 19 69 by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Corpus Christi I Nueces County, Texas, acting by and through its duly authorized officers under an R&IJU& passed the day of , 19 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(s) by gKMMXXMj passed on the day of 19 at the location(s) 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 said highway traffic signal(s), and super- vise construction. 2. The City hereby consents to the construction of the highway traffic 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 AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E-IA) 4 -60 -767 1 -4 D -18 EXEIIBIT 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 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 = (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 -lA) 4 -60 -767 2 -4 D -18 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: Secretary for City APPROVED AS TO FORM: General Attorneys for the City Assistant Attorney General By 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 REC0MW.MD1?n gna annnn_rn_ District Enginn I/ Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1A) 4 -60 -767 3 -4 D -18 EXHIBIT 1 LdCATION(S) 1. S.H. 286 East Frontage Road with Horne Road. 2. S.H. 286 West Frontage Road with Horne Road. AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -lA) 4 -60 -767 4 -4 D -18 Corpus Christi, xas ' �2 ,day of 19(-7 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 Council; 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 presene meeting of the City Council. Respectfully, D YOP. THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended b e following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel �1 W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. , Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore