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Home My WebLink About13005 ORD - 02/04/1976• JM:vmr:2- 3- 76;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER 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 AT THE FOLLOWING LOCATION. INTERSECTION OF S. R. 357 (SARATOGA BLVD.) AND FM 43 (WEBER ROAD), ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB- STANTIAL 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. 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 mainte- nance of flashing beacons at the following location: Intersection of S. H. 357 (Saratoga Blvd.) and FM 43 (Weber 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 signalization may be installed at the location hereivabove 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 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 1day of February, 1976. ATTEST: S ecretary � MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATOVED: DAY OF FEBRUARY, 1976 Me., A852_-- City Attorney 13005 Y STATE OF TEXAS X COUNTY OF TRAVIS X This AGREEMENT, made this 17th day of December , 19 75 a by and between the State of Texas, hereinafter called the "State ", Party of the First Party and the City of Corpus Christi , Nueces County, Texas, acting by and through its duly authorized officers under an Ordinance �a passed the day of , 19 , hereinafter called the "City ". Party of the Second Parts W I T N E S S E T H s WHEREAS, there is (amt) (a) highway traffic signal(m) in place at the location(a) shown on EXHIBIT 19 attached hereto and made a part hereof, said highway traffic signal(m) having been installed, operated, and maintained by the State at a time when said location(m) was (mmc) not within the corporate limits of the City; and WHEREAS, said location(&) is (=At) now within the corporate limits of the City; and WHEREAS. it is not the policy of the State to install, operate, or main- tain highway traffic signals inside the corporate limits of cities of 159000 population and over (latest Federal Census), except on expressway type of con - structionj and AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 1 -5 1- 70- 804,•D -18T File 18.135 -1 WHEREAS, the City has requested the State to leave the highway traffic signal(a) in place at the location(n) shown on EXHIBIT 1 and has authorized the continued existence, use, operation, and maintenance of the highway traffic signal(a) by Ordinance passed on the day of , .19 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 leave the highway traffic signal 0) in place at the location(B) shown on EXHIBIT 1. The plans for the highway traffic signal installa- tions) are attached hereto, marked EXHIBIT 2, and made a part hereof. 2. The City will operate and maintain the signal(a). 3. The City will pay all power costs for operating the signal(4M. 4. 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(a) or before removing any part of the installation(s).' 5. The City will return any and all parts of said highway traffic signal installation(w) to the State should it (k!") 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. AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 1 -70 -804, D -18T File 18.135 -2 2 -5 11 6, 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 - TYPE 3A) 1 -70 -804, D -18T File 18,135 -3 3 -5 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: C ty Attorney, - Assistant Attorney General AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 4 -5 CITY OF CORPUS CHRISTI By xgyus 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 programs heretofore approved and authorized by the State Highway Commissions By Chief Engineer of Maintenance Operations RECOMMENDED FOR APPROVAL: D trict Engineer Engineer of Traffic 1 -70 -804, D -18T File 18.135 -4 RKET IT 1 LOCATION(S) 1. Intersection of SH 357 and FM 43 AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 1 -70 -804, D -18T File 18.135 -5 5 -5 CORPUS CHRISTI, TEXAS DAT OF , �g / y TO THE MEMBERS OF THE CITY COUNCIL �T CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE MErESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 19 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 1 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUT" GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE