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HomeMy WebLinkAbout12629 ORD - 06/04/1975MLM:VMR:6- 3- 75;1ST TEXAS; AN ORDINANCE APPROVING ADOPTION OF STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS TO BE INSTALLED ALONG CONTROLLED ACCESS FREEWAYS IN THE CITY OF CORPUS CHRISTI, DESIGNATED AS "MUNICIPAL AGREEMENT, TRAFFIC SIGNAL FREEWAY - TYPE "B", IN SUBSTANTIALLY THE FORM 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. APPROVAL IS HEREBY GIVEN FOR ADOPTION OF A STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS TO BE INSTALLED ALONG CONTROLLED ACCESS FREEWAYS IN THE CITY OF CORPUS CHRISTI, DESIGNATED AS "MUNICIPAL AGREEMENT, TRAFFIC SIGNAL FREEWAY - TYPE "B", IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ADOPT A STANDARD FORM OF AGREEMENT FOR INSTALLATION, OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS TO BE INSTALLED WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, THEREBY ELIMINATING THE NECESSITY FOR SEPARATE ORDINANCES FOR INSTALLATION OF EACH TRAFFIC SIGNAL, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY QEQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF JUNE, 1975• ATTES SECRETARY MAYOR E CITY OF CORPUS CHRISTI, TE S AP VED: DAY OF JUNE, 1975: CITY ATTORNEY 12629 THE STATE OF TEXAS X COUNTY OF TRAVIS X This AGREEMENT, made this day o£ 19 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 Ordinance passed the 4th day of June, 1975, hereinafter called the "City ", Party of the Second Part: W I T N E S S E T H: WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State, the City has authorized the State to maintain certain highways within the City which consist in part of the freeway type highway; and WHEREAS, from time to time the City requests the State to install traffic signals on such highways; and WHEREAS, the State under the provisions of Minute Order 62512, dated July 31, 1969, has authority to install traffic signals in cities of over 15,000 population on freeway type highways; and WHEREAS, the City of Corpus Christi has a population of 204,525 according to the 1970 Federal Census: A G R E E M E N T NOW, therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: (1) This Agreement shall apply to all highway traffic signal installations approved by both the State and the City, the City's approval being indicated by signature of the City Manager on the plan title sheet for such installation. Highway traffic signal installations made a part of this AGREEMENT (TRAFFIC SIGNAL FREEWAY - TYPE B) 1 -3 3 -75 -700 agreement shall contain on the title sheet the following statement: "The City hereby consents to the construction of this highway Traffic Signal as to location and manner of construction as indi- cated on these plans, said installation being a part of "Agreement (Traffic Signal Freeway - Type B) dated " (2) The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s), and supervise construction. (3) The City hereby consents to the construction of the highway traffic signal(s) by the approval of the location and manner of construction as shown on plans and described iu specifications. (4) The City will operate and maintain the highway traffic signal(s) upon completion of the installation(s) by the State. (5) The City will pay all power costs for operating the signal(s), including all power necessary for installation and testing of the signals prior to completion of the installation by the State. (6) 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). (7) 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. (8) The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). AGREEMENT (TRAFFIC SIGNAL FREEWAY - TYPE B) 2 -3 3 -75 -700 D -18T (9) 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. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: CITY OF CORPUS CHRISTI By City Secretary city Manager APPROVED: City Attorney THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, establishing policies, or work programs heretofore approved and authorized by the State Highway Commission: By: Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: Assistant Attorney General District Engineer Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL FREEWAY - TYPE B) -3- 3 -75 -700 n -iaT CORPUS CHRISTI, TEXAS DAY OF TO THE METERS OF THE CITY COUNCIL COFoUS 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) 1, 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, — (2, \�� "-- MAYOR THE CITY OF CORPUS CHRISTI, TE S THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO OE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F LOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE