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Home My WebLink About13001 ORD - 02/04/1976• .AH:vmr:2- 2- 76;lst • 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 HIGH- WAY SIGNAL PROTECTS AT THE FOLLOWING INTERSECTIONS: 1. S. H. 358 (Padre Island Drive) North and South Frontage Roads with FM 43 (Weber Road), and 2. S. H. 358 (Padre Island Drive) North and South Frontage Roads with Everhart Road, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARRED 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 highway signal projects at the following intersections: 1. S. H. 358 (Padre Island Drive) North and South Frontage Roads with FM 43 (Weber Road), and 2. S. H. 358 (Padre Island Drive) North and South Frontage Roads with Everhart Road, all as more fully set forth in the agreement, a substantial 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 sigaalization may be installed at the locations hereinabove set forth 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 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 1 13 ®O1 • this ordinance take effect and be in full force and effect from and after zr its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of February, 1976. ATTEST: City Se 'x MAYOR THE CITY OF CORPUS CHRISTI, TEXAS AP VED- DAY OF FEBRUARY, 1976 EXEC., ASST. City Attorney • • STATE OF TEXAS I COUNTY OF TRAVIS j( This AGREEMENT, made this day of , 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 Ressin!£en 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 Order 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), supervise construction, and upon completion of construction, operate and maintain said highway traffic signal(s) with intergrated lane analyzers for a minimum test period of two years. 1 -5 I• • I 2. The City hereby consents to the construction of the highway traffic signal(s) with intergrated lane analyzers shown on EXHIBIT 1 by the approval of the location and manner of construction as shown on plans and described in specifi- cations attached hereto, marked EXHIBIT 2, and made a part hereof. 3. The City will pay all power costs for operating the signal(s) both during and after the test period. 4. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of said highway traffic signal(s), with intergrated lane analyzers, during the test period, without written authority from the Engineer- Director of the State Department of Highways and Public Transportation. 5. The State shall have the authority to make such changes in the design and operation of the highway traffic signal(s) with intergrated lane analyzers as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 6. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 7. Upon termination of the test period the State will leave the highway traffic signals) with intergrated.lane analyzers in place at the location(s) shown on EXHIBIT 1. The plans for the highway traffic signal installation(s) are attached hereto, marked EDIT 2, and made a part hereof. 8. The State will notify the City upon termination of the test period at which time the City will assume operation and maintenance of the signal(s). 9. The City will obtain written approval of the Engineer - Director of the State Department of Highways and Public Transportation before making any changes in the design of operation and timing of the signal(s) or before removing any part of the installation(s). 2 -s 10. The City will return any and all parts of said highway traffic signal installation(s) to the State should IN (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. 11, 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. 3 -5 `� r, 1 • IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: City Secretary APPROVED AS TO FORM: CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager THE STATE OF TEXAS Certified as being executed for the prupose 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 RECOMMENDED FOR APPROVAL: District Engineer Assistant Attorney General Engineer of Traffic 4 -5 EXHIBIT 1 LOCATION(S) 1, SH 358 North and South Frontage Roads with FM 43 (Weber Road) 20 SH 358 North and South Frontage Roads with Everhart Road 5 -5 • • CORPUS CHRISTI, TEXAS -it AT OF -1912 Ta THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 TAME 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 FO LOWING VOTE: JASON Lu6Y DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE LLOWING VOTE: JASON LUBY J� DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE