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HomeMy WebLinkAbout15045 ORD - 08/08/1979vp:8/6/79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN'AGREE- MENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF FLASH- ING BEACONS AT THE FOLLOWING LOCATION: Intersection of S.H. 357 (Saratoga Blvd.) and Staples Street, 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, 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 installation, construction, existence, use, operation and mainte- nance of flashing beacons at the following location: . Intersection of S.H. 357 (Saratoga Blvd.) and Staples Street, 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 operated and maintained at the location hereinabove described creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no 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 ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ATTEST: -Gi£y` Secretary ' APPROVED: (r, DAY OF AUGUST, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant C �� ,•ttorney day of August, 1979. 15045 THE C OF CORPUS CHRISTI, TEXAS / 11$A 03 L STATE OF TEXAS X COUNTY OF TRAVIS X This AGREEMENT, dated this 75 day of January., by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of cnrpui Christi , Nueces County, Texas, acting by and through its duly authorized officers under an Ordinance/ Resolution, passed the day of ,19 , hereinafter called the "City," Party of the Second Part, made to become effective when fully executed, by both parties. W I T N E S S E T H: WHEREAS, there is (are) (H) highway traffic signal(s) in place at the location(H) shown on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic signal(s) having been installed, operated, and maintained by the State at a time when said location(X) was ( ) not within the corporate limits of the City; and WHEREAS, said location() is (4M00 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 15,000 population and over (latest Federal Census), except on expressway type of con- struction; and WHEREAS, the City has requested the State to leave the highway traffic signal(s) in place at the location(s) shown on EXHIBIT 1 and has authorized the continued existence, use, operation, and maintenance of the highway traffic signal(s) by Ordinance/Resolution passed on the _day of ,19 AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 11 -75 -804,D -18T 1-4 AGREEMENT: 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(s) in place at the location(00 shown on EXHIBIT 1. The plans for the highway traffic signal instal- lation(s) are attached hereto, marked EXHIBIT 2, and made a part hereof. 2. The City will operate and maintain the signal(s). 3. The City will pay all power costs for operating the signal(s). 4. The City will obtain written approval 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 instal- lation(s). 5. 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. 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) 11-75-804, D -18T 2-4 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates shown hereinbelow. Ail'EST: Executed on behalf of the City this day of ,19 . By: Secretary for City R. Marvin Townsend, 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 and Public Transportation Commission: Executed on behalf of the State this _day of ,19 . By: Chief Engineer of Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: DAY OF AUGUST, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance District Engineer Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 11 -75 -804,D -18T 3-4 EXIIIBIT 1 LOCATION(8) 1. Intersection SH 357 (Saratoga St) with FM 2444 (S. Staples St) AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 11 -75 -804,D -18T 4-4 ey,si j s1d "£/opgf&t9 S. ld 357 - F74 .24.00 - S S/2,1)1;J FouR J4/2y Pop can/o/ Jl Rox. /Soo ___ I s/z// dezCe,4 {1/2.sta. can/to/lei on ez,sffny wax/ Ave.2. i= S,14357 (2re.42 god.) Urxferounc/ 21e2caf Con/ea/ c2h!(, fvi// 6e /oukc/ undcigizoand Vo avidly /wood uf5/,{ Pes znc/ foaled ow. ,fetc/ -- Cgishn y 61a -en i/zs/,, ce,t/eo/let noolAttir -f` ['Ono o/ inJeasech&n, Adhz ct Itken„'� "SroP Al,czd ” 34 "x3G ' w/ s nijle emlut //zstf,n9J t¢1ron /UoV Etezt Awl Skunk/c% Undareunc/ ,t/ie7 zt Hro, non -/xh Corpus Christi, Texas day of �V 19-( TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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 was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS suspended by the following 04) ) vote: was passed by the following vote: 0)40 o Q D 15045