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HomeMy WebLinkAbout02821 ORD - 07/11/1950AN ORDINANCE AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND ITAINTENANCE OF THE PORTION OF U.S. HIGTMAY NO. 181 AS RELOCATED ALONG AVENUE "E" IN THE CITY OF CORPUS CHRISTI AS A FREEMY AND AS A STREET HEREINAFTER REFERRED TO AS "THE AVENUE 'EI PROJECT "(AND AUTHORIZING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE AND THE CITY SECRETARY.) TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID AVENUE "E" PROJECT AS A FREEWAY; FOR THE INDEM2IIFICATION OF THE STATE OF TEXAS BY THE CITY AGAINST ALL DAMAGES TO ADJOINING, ABUTTING, AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION IMITH ANY CLAIM OR SUIT THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, the public convenience, safety and necessity of the City of Corpus Christi, and the people of the City, require that the portion of U.S. Highway 181 as relocated along Avenue "E" be constructed. Since the existing highway consti- tutes a danger and serious inconvenience to the public, it is urgently required to be remedied,; and WHEREAS, the City has requested the State of Texas to contribute financially in the Avenue "E" Project; and WHEREAS, the State of Texas has made it known to the City that it will assist the City in the Avenue "E" Project by furnishing the necessary funds for actual construction, reconstruction, and maintenance; and by supervising construction, providing the City approves the plan and alignment for said project; and WHEREAS, the City, in consideration of the providing of said project, agrees to indemnify the State of Texas against all damages or claims for damage to adjoining, abutting or other property for which the State is liable, arising out of, incident to, and in any way connected with the installation, the con- struction, the existence, the use and maintenance of the Avenue "E" Project as a freeway or the passage,and enforcement of this Ordinance, Now, Therefore, BE IT ORDAINED BY TN`: CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That since the public convenience, safety and necessity of the City of Corpus Christi and the people of the City require it, said street including Aiueces Bay Causeway and its approaches, culverts, storm sewers, and outfall channels as well as the usual appurtenances common to streets and "free -,,rays" shall be constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon, construct, and Maintain the Avenue "E" Project at the location and in the manner shown on the plan attached hereto and marked "Exhibit A" and made a part hereof in all respects. Z$Z( -I- SECTION 3. The City i:anager of the City of Corpus Christi is hereby authorized to approve and sign the detail plans for the construction of the Avenue "E" Project or any section thereof wher and as such plans are completed and prior to award of construction contract by the State. SECTION 4. That nothing in this Ordinance shall be construed to obligate the State of Texas to pay any direct, incidental, or consequental damages to adjoin- ing, abutting, or other property in enforcement of this Ordinance or by reason of the installatior_, construction, existence, use and maintenance of the Avenue "E" Project authorized herein as a freeway. SECTION 5. For and in consideration of the mutual covenants herein contained, the City of Corpus Christi does hereby agree to indemnify the State of Texas against all damages and claims for damages to adjoining, abutting, or other property for which the State of Texas is liable, arising out of, incident to, or in any way connected with the installation, the construction, existence, use and maintenance of said Avenue "E" Project as a street or as a freeway and does hereby agree to inde_nify the State of Texas against all court costs, attorney's fees, and all expenses in connection with suits for suoh damages, and shall, if requested to do so in writing, assist or relieve the State of Texas from defend- ing any such suits brought against it. SECTION 6. Nothing contained herein shall ever be construed to place upon the State of Texas any manner of liability for injury to or death of persons or for damages to, or loss of property arising out of or in any manner connected with the maintenance or use of the Avenue "E" Project and the City will save the State of Texas harmless from any damages arising out of said maintenance or use of said Avenue "L" project. SECTION 7. The City Manager of the City, be and is hereby authorized to execute for and on behalf of the City an agreement and contract with the State of Texas in accordance with and for the purpose of carrying out the terms and provisions of this Ordinance, in the form attached hereto and marked "Exhibit B ". The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City hereto. SECTION 8. There being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the contract aforesaid shal:L be inanediately made, executed, and delivered to the end that such work herein_ provided for may be begun and carried out promptly and with expedition, requiring that the Charter rule providing that no ordinance shall go into effect before the expiration of ten days from the time of its final passage and the ordinance rule requirir_g more than one reading or prohibiting the passage of an ordinance on the date of introduction and the taking effect of such ordinance on the date of introduction and passage, be and the same are -2- hereby suspended; and this Ordinance shall be passed and take effect as an emergency measure and be in full force from and after its passage as provided by law, and it is so ordair_ed. ' PASSED: �a APPROVED-",T� ate Attorney ATTEST: OLUX� City Secretary dsIM iA.1,M yzr�,- Mayor "B;HiIBIT H" MUNICIPAL CONSTRUCTI011 AGREE38M (Combination Construction, Reconstruction and Maintenance) STATE OF TEIAS ) } COUNTY OF TRAVIS } This agreement made this day of 1950, by and between The State of Texas, hereinafter referred to as the "STATE ", party of the first part, and the City of Corpus Christi , Nuesss County, Texas acting by and through its duly authorized officer, under an ordinance passed the day of , 1950, hereinafter called the "CITY", Party of the second part. W I T N E S S E T H Whereas, the City has requested the State to contribute financial aid in the improvement and /or maintenance on Highway U.S. 181 as relocated along Avenue "E" from the North City Limits to Market Street within such City, and has by proper ordinance authorized the State to enter upon and isiprove and /or maintain or assist the City in the improvement and /or aainterance of said Avenue "E" Project as a street and an a freeway as contemplated by House Bill Ho. 771, Acts of the Regular Session of the Fifty First Legislature. Whereas, the State Highway Engineer, acting for and in behalf of the State Highway Commission in activating such program, has made it known to the City that the State will assist the City in the improvement and /or maintenance of said Avenue "E" project by fumishing the funds necessary to construct, reconstruct or other- wise place said Avenue "E" in a condition to properly serve motor vehicle traffic thereon by preparing plans for said improvement and supervising the construction, reconstruction or betterment work as provided in said plans or may be provided in said plans conditioned that the City, as contemplated by Senate Bill 415, Acts 46th legislature, Regular Session, will enter into an agreement with the State for the purpose of determining the liabilities and responsibilities of the parties with reference thereto, determining and providing adequate and appropriate means for the regulation of traffic, policing and maintenance of the project upon ocmpletion, -1- and provided further, that the City approves the plan and alignment of the project, and, provided further, that the City will indemnify the State against all damages to adjoining, abutting or other property occasioned by or resulting from the installa- tion, construction, existence, use or wintonanoo of said Avenue "B" project and the passage and enforcement of the ordinance herein referred to. Now therefore, in consideration of the promisee and of the mutual covenants and agreements of the parties hereto to be by theca respectively kept and performed as hereinafter set forth, it is speed as follower A G R 9 1 V 3 N T 1. It is agreed and understood that the tern "Avenue 'R' Project" as used in this agreement includes Nueoes Bay Causeway and its approaches, culverts, stores severe and outfall channels as well as the usual appurtenances common to a street project. The arm "Throughway" denotes the two inside streets son no4 of the north bound lanes and south bound lanes. The term "Frontage Straete denotes the two outside streets set up for I*oal traffic. 2. The State as its contribution to the improvement of said Avenue "B" Project will prepare or provide for the plans, advertise for bids, and let the construction contract, or otherwise provide for the oonstruotion, and will supervise the am- struction, reconstruction or betterment work as required by said plane, and will pay the cost of those items which are the responsibility of the State. As each unit of construction work is developed the State will secure the City's approval of construction plane prior to award of contract. S. As long as the city street is a designated highway, the State will =in- tain said Avenue "is" Project except those portions as may be made the City's obli- gation as mutually agreed to by the parties hereto. 4. The State agrees to construct and maintain all traffic stripes on tba througkmay and longitudinal stripes on the Frontage Streets. S. The State agrees to and will have cols responsibility for the creation and maintenance of signs along the Avenue "R" Project for direction of traffic. S. The City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorise the State to improve or assist in the im- provement of said Avenue "E" Project at the location, and in the manner shown on the sketch, which ake tch is attached hereto, marked "Rxhibit A" and made a part hereof in all respects. 7. The City as provided for said Avenue "N" Project a right-of-may free of all•obstruetions and of a width sufficient to properly provide for the improvements shown on the plans, without cost to the State and will not, in the future, permit encroachments on said right -of -way. -2- Os The City will provide at its own expense for any necessary additional Installation, removal or other necessary adjustment of any and all utilities or services, whether publicly or privately owned, as may be necessary to permit proper improvement, maintenance and use of Amid Avenue "E" Project, and failure of the City to promptly carry out this provision upon the written request of the engineer shall, if such delay results in additional expense to the State, be the direst sharp and obligation of the City. 9. The City agrees that parking regulations will be established and speed limits fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineering surveys have been made. 10. The City agrees that traffic control devices, such as stop and slow sigma, traffic signal lights, parking meters and other typos of devises for traffic control, in respect to type of device, points or installation, and neeeasity will be fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineering surveys have been made. The City agrees at its own expense to install and maintain such traffic control devices on the frontage streets as may mutually be approved by both the City and the State, and further agrees at its own expense to sweep, flush and otherwise keep said Avenue s$" Project in a clean and sanitary condition. 11. The joint responsibilities of the City and State for construction, main- tenance and furnishing of electric energy as required for installation and operation of a street lighting system on the Avenue Project will be determined in a future supplemental agreement. 1E. The area between the back of the Frontage Street pavement and the property line is Provided for utilities, and. the City, agrees to maintain this area end to place, or require to be placed, in this area all motor beaoes and utility poles and lines. 13. The City agrees to provide, at its entire expense, any additional traffic striping desired on the Frontage Street subject to the approval of the State. 14. The City agrees to require that all future utility lime across the Avotan "E" Project be placed through utility conduits installed underneath the throughway pavements by means of borings and will not out nor permit a third party to out the pavemant for the placement of any pipe or conduit for any utility to be placed transverse to the Avenue "Ne Project. is. The City will secure or cause to be secured from the Highway Department a permit for placing utilities parallel to the Avenue "E" Project within the area provided for utilities. 18. The City agrees to hold to a minimum overhead power lines across the Avenue "E" Project. When such power lines are permitted to areas this project, the line and atruoture construction of crossings shall eenform to grade B construction„ the highest grads, as defined by the latest published edition of the U.S. Department of Commerce National Bureau of Standarda "Safety Rules for the Installation and Dhain- tenanee of Electric Supply and Communication Linea". Clearances at crossings shall not be less than those specified in these Safety Rules. -3- 19. The City agrees to prohibit the planting of troes or shrubbery within the right -of -way, or the oreation or construction of any other obstruction, without prior agreement with the State, which would impair sight distance to the extent of creating an unsafe or hazardous condition to traffic movement. 18. The City agrees to provide police traffic control when necessary, and re- quested, for the maintenance and repair work by the State. 19. The City agrees to retain the responsibility for drainage facilities that now exist outside the limits of the project. 20. The City agrees to prohibit the movement of loads over State maintained streets which exceed the legal limits for designated State highways for either weight, length, height or width except those having proper permits from the State for such movements. 21. It is understood and agreed between the parties hereto that the City will refrain on its own part and will prohibit any third party from carrying any present or future street across or into the through traffic roadways at grade except those named herein and as shown on the sketch attiwhcd hereto and marind Exhibit "A ". The streets provided for crossing the through traffic lanes are Burleson and Walldue and all other transverse streets shall terminate at the Frontage Streets. This provision shall not prevent the City from c*w truoting such grade separations in the future as may be necessary to relieve traffic when plans and specifications have been approved by the State. 22. The City agrees to indemnify the State against any and all damages and elaims for damage to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any connected with the in- stallation, the construction, the existence, the use aud7or maintenance of such Avenue "E" Project and does hereby agree to indemnify the State against any and all court coats, attorneys} fees and all expenses in connection with suits for such damage and shall, if requested to do no in writing, assist or relieve the State from defending any such suits brought against it. 25. The City agrees nothing herein contained shall be construed to place upon the State any manrurr of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner connected with the maintenance or use of the Avenue "E" Projeet and the City will save the State harmless from any damages arising from said maintenance and /or use of said Avenue "B" Project. 24. It is understood and agreed between the parties hereto that the City, by virtue of the provisions of its charter and the laws of the State of Texas has ex- clusive control of and jurisdiction over all streets and public ways within the in- corporated limits of such City and that the City has requested and consented to the construction of the Avenue "E" Project herein above named and the State its the sots - struction of the Avenue "E" Project does so at the special instanas and request of the City. 26. Bothing in this agreement shall be construed to place any liability on the City for personal injury arising out of the construction of the Avenue "E" Project. -4- 26. It is understood and agreed between the parties hereto that all obligations of the State, created herein, to maintain the herein above described Avenue "$ Project shall and and teraitmtc if and when the State eball abandon, oancel or relocate suoh designation. 29. It is further understood and agreed between the parties hereto that the improvesient and /or saintexamse of the above project by the State is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis of any claim for State assumption, or participation in the pay- ment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. -5- IN WITNESS WEEEEOF, the parties have hereunto affixed their signatures, the City of Carpus Christi, Texas on the day of , 1980, and the Highway Department on the day of , 1960 ATTEST: 7 ffoerstsry APPRMD t ha , State ghway C ss on lkwber, y C ss en er, S to ghtiray Commdeslon -6- CITY OF Corpus Christi, Texas BY city r ilex e 143E STATE OF TSSAS BY State y g r APPROVAL R=OWMNDNDt Di;trr;i Inginser Note: Arty offislsl. signing for and an behalf of a ssmtieipality should attvash an original or authenticated copy of order, resolution, ordinance, or charter provision, or a citation to statute, under the authority of which this agr"- msat is executed. Each agreement should be executed in duplicate. Corpus Christi, Texas 1� TO THE ]MEN OF. T9B CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going 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 Coassoilt T, therefore, hereby 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. Respectfully, City of Corpus Christi, Texas The Charter rule was suspended by the ibllowing votes Leslie Wasserman Jack DeForrest Barney Cott�,� Jam' Sydney Be Herndon George L. Lossman The above ordinance was passed by the following votes Leslie Wasserman Jack DoPorrest Barney Cott Sydney Be Herndon` George L. Lowman 282_ 1