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HomeMy WebLinkAbout12473 ORD - 02/12/1975MLM:VMR :2 -10 -75;1 ST AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF FLASHING BEACONS LOCATED AT THE FOLLOWING LOCATION: INTERSECTION OF S. H. 358 NORTH AND SOUTH FRONTAGE ROADS (PADRE ISLAND DRIVE) WITH CARROLL LANE, 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, TEXAS. SECTION 1. THAT THE 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 FLASHING BEACONS LOCATED AT THE FOLLOWING LOCATION: INTERSECTION OF S. H. 358 NORTH AND SOUTH FRONTAGE ROADS (PADRE ISLAND DRIVE) WITH CARROLL LANE, 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 LOCATION HEREINABOVE DESCRIBED 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 INTRO- DUCTION BUT 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 ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER TTS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, TITS THE /a- DAY OF FEBRUARY, 1975- ATTEST: ITY SECRETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APf}VD: j DAY OF FEBRUARY, 1975 - L&WIg If 61 -ACTING CITY ATTVRNEY 124'73 N I STATE OF TEXAS I COUNTY OF TRAVIS j This AGREEMENT, made this 17th • day of December , 19_74 , 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 rdi a e passed the day of 19 , hereinafter balled 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 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- rants 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 - EXPRE33WAY TYPE E-IA) 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(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 it (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-IA) 4 -60 -767 2 -4 D -18 IN TEMIMM WHEREOF, the parties hereto have caused these presents to be executed in triplicate or the day above stated. ATTEST: By Secretary for City CITY MANAGER THE STATE OF TEXAS Certified as being executed for the _ pxrpose 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 Assistant Attorney General Engineer of Traffic AGREEMENT (TRBFFIC SIGNAL - EXPRESSWAY TYPE E-1A) 4 -60 -767 3 -4 D-18 ESHIHIT 1 LOCATIONS) Intersection of SH 358 North and South Frontage Roads with Carroll Lane, Corpus Christi, Nueces County AGREEMENT (TRJ9 IC SIGNAL - EXPRESSWAY TYPE E -IA ) 4-4 4 -60 -767 D -18 Corpus Christi, Texas /.2 day of , 19-a— 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 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. n J. Howard Stark / f� The above ordinance was passed by the following vote: Jason Lubby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Ne O.D. ED PIPE FNIrx THREAD TOP Hf.RD5 i` L\ 1 -� N Ef 26" 1 —, MOUNT ,�" M tlAlr 1� MOUNr ,A r. C4 0 ,Naauur" /NouNT B" -w- - 'C . q n -- - z — CAP< ROLL LANE l C,11• I-'_, t i NOTE' MOUNT Q'* DIWk. RRE' 7HE .54ME As A46mr'A" CXCEPr MAIN PIPE IW I.CN/ L"KEQ IN FORK MOUNT "B" 0 a Q R h /Ymm- A" EXHIBIT 2