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HomeMy WebLinkAbout12088 ORD - 05/29/1974TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXIST- ENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE FOLLOWING INTERSECTIONS: I. PADRE ISLAND DRIVE AND ROSTORYZ ROAD; 2. PADRE ISLAND DRIVE AND STAPLES STREET; and 3. PADRE ISLAND DRIVE AND AIRLINE ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. Thatthe City Manager be and he is hereby authorized to execute an agreement between the City of Corpus Christi and the State of Texas for the installation, construction, existence, use, operation and maintenance of highway signal projects at the following intersections: 1. Padre Island Drive and Kostoryz Road; 2. Padre Island Drive and Staples Street; and 3. Padre Island Drive and Airline Road, all as more fully set forth in the agreement, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid agreement in order that proper signalization may be installed at the intersections above named 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, and having requested the suspension of the Charter rule 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 afterits passage, IT IS ACCORDINGLY SO ORDAINED, this the a / y of I 1974. ATTEST: t City Secretary APPROVED THIS AY OF MAY, 1974: �hSS J Ci ty Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS -1 -- -r - -- T- - STATE OF TEXAS I COUNTY OF TRAVIS I This AGREEMENT, made this day of , 19 74 , 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 a passed the day of , 19 74 , 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 Ordinance passed on the day of 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 plane and specifications, install said highway traffic signal(5), 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-lA) 4 -60 -767 1 -4 D -18 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 before making any changes in the design of operation and timing of the signal(5) 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 X (4hel+):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 -L4) 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 By y Mayor 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: Chief Engineer of Maintenance Operations RECOi+A=ED FOR APPROVAL: strict Engineer Assistant Attorney General Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1A) 4 -60 -767 3 -4 D -18 • Corpus Christi, Texas • day of Ade, 19- i 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 present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote! Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark t/ The above ordinance was passed by the following vote; Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark