HomeMy WebLinkAbout13005 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