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HomeMy WebLinkAbout15026 RES - 08/01/1979we A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION GRANTING PER- MISSION TO THE STATE TO INVENTORY AND PROVIDE UPGRADED PASSIVE SIGNING AND MARKINGS AT VARIOUS PUBLIC RAILROAD GRADE CROSSINGS UNDER THE JURIS- DICTION OF THE CITY OF CORPUS CHRISTI, UNDER THE PROVISIONS OF SECTION 203 OF THE HIGHWAY SAFETY ACT OF 1973, ALL AS MORE FULLY SET FORTH WITHIN THE AGREEMENT FORM, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. WHEREAS, the State Department of Highways and Public Trans- portation has determined that there is a need to inventory and upgrade passive protection at public railroad grade crossings within the State; and WHEREAS, the City of Corpus Christi agrees with the State Department of Highways and Public Transportation that improving passive pro- tection at public -railroad grade crossings within Corpus Christi would be an im- provement to traffic safety; and WHEREAS, the Federal Government has made funds available provided by Section 203 of the 1976 Highway Safety Act to finance 100% of the cost to implement the improvements; and WHEREAS, project improvements will be made in compliance with the standards specified in the Texas Manual on Uniform Traffic Control Devices; Provided the State will; 1. Inventory all public the City. 2. Provide for the safe minimum interference work sites. 3. Provide all required the project. railroad grade crossings within passage of traffic and provide to traffic at the respective funds necessary to implement The City of Corpus Christi will: 1. Accept ownership of the newly installed or upgraded devices on streets of iti-jurisdiction and agree to maintain such devices NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and is hereby authorized to execute a consent agreement with the State Department of Highways and Public Transportation to grant permission for the State or its Contractor to perform the work described as may be necessary to provide a minimum passive warning system at those public streets and road grade crossings of railroads within the Corpus Christi city limits as defined and designated by the State. 15028 SECTION 2. The necessity to execute the aforesaid consent agreement in order that improved passive protection on public railroad grade crossings under the jurisdiction of the City may commence without delay 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 that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this resolution be passed finally on its date of in- tr_oduction,Dand take effect from a d after its passage, IT IS ACCORDINGLY SO RESOLVED, this the 4L/d'ay of -4444,411.9/9. ATTEST: 1y,tie Secretary APPROVED: / DAY OF JULY, T9.7.9. J. BRUCE AYCOCK, CITY ATTORNEY ITY OF CORPUS CHRISTI . COMMISSION REAGAN HOUSTON CHAIRMAN DEWITT C GREER CHARLES E SIMONS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC 'TRANSPORTATION %( SI IN, 'IEXt% 78701 Subject: Placement of Passive Warning Devices at Public Railroad Grade Crossings Gentlemen: ENGINEER_DIRECTOR G L DEDERRY IN REPLY REFER 10 FILE NO D-18SE In compliance with Section 203 of the Highway Safety Act of 1973, a Statewide Program has been developed to inventory and improve passive protection at public railroad grade crossings within the State. This program will provide for signing and marking improvements at those public crossings where a need is defined by the State acting by and through the State Department of Highways and Public Transporta- tion. Federal funding for such improvements is to be provided by Section 203 of the 1976 Highway Safety Act with State matching funds; no City or County funds will be required. \ Districtwide projects, which include your jurisdiction, are proposed to make the necessary improvements. These projects will provide for the installation or upgrading of crossbuck signs, number of track signs, advance warning signs, and pavement markings to conform with the standards specified in the Texas Manual on Uniform Traffic Control Devices. Since improvement needs may be designated at crossings within your jurisdiction,, you; participation in this program is recommended. Such participation will require the acceptance and return of this agreement. By your acceptance of this agreement, signing or marking improvements designated in the proposed project can be made under the above mentioned funding. Existing passive protection devices found to be nonstandard or in poor condition will be salvaged and disposed of without credit to your jurisdiction. Upon completion of the project, the newly installed or upgraded devices, excluding crossbuck and number of track signs, shall become your jurisdiction's property and maintenance responsibility. By duly authorizing the signing and return of one copy of this letter, the City/gasanxy of Corpus Christi grants permission for the State or its Agent to perform the work herein described as may be necessary to provide a minimum passive warning system at those'public street/road grade crossings of railroads within its jurisdiction as defined and designated by the State. Your early consideration and approval is requested to allow a project for said improvements. CITY OF CORPUS CHRISTI By R. Marvin ATTEST: Townsend, City Mgr. City Secretary APPROVED: Asst. City Attorney Director of Finance Approved by R. Marvin Townsend, City M Sincerely yours B. L. DeBcrry Engineer -Di 0i%T0I '' °O --� Byro O. Blaschke, Chief Engineer of Maintenance Operations anager on the day of August under authorityOrdinance granted b y Resolution passed on the lst day of Witnessed August , 19P, , 1979. Corpus Christi, Texas 5 / day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 19 T% For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. The Charter rule Luther Jones Edward L. Sample Dr. Jack Best .David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky Respectfully, MAYO T was suspended by the F CORPUS CHRISTI, TEXAS following vote: The above ordinance was pass Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky by the following vote: 15028