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HomeMy WebLinkAbout04367 ORD - 10/19/1955" MUNICIPAL ORDINANCE (Construction and Maintenance) FREEWAY PROJECT AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF HIGHWAY NO. U. S. 181 (ON NEW LOCATION) IN THE CITY OF CORPUS CHRISTI, BETWEEN THE FOLLOWING LIMITS, TO —WIT: FROM PALO ALTO STREET IN THE BEACH ADDITION TO PERRY STREET IN THE BROOKLYN ADDITION AS A FREEWAY AND AS A STREET, HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZING THE CITY MANAGER OF THE CITY 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 CONSTRUCTION, MAINTENANCE, $XI$TENCE AND 61SA OF SAID PROACT AS A FREEWAY AND AS A STREET, AND DETER- MINING THE LIABILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO; AND DECLARING AN EMERGENCY AND PROVIDING THAT THE ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the City, and the people of the City require that the portion of Highway No, U. S. 181 from Palo Alto Street in the Beach Addition to Perry Street in the Brooklyn Addition be constructed, since the existing condition constitutes a seri- ous inconvenience to the public, which it is urgently required to be reme- died; and WHEREAS, the City has requested the State of Texas to contribute fi- nancially in the project; and WHEREAS, the State of Texas has made it known to the City that the State will assist the City in the improvement and maintenance of said pro- ject as a street and as a Freeway, providing the City approves the plans fir said project. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. That since the public convenience, safety and necessity of the City and the people of the City require it, said project shall be constructed as a street and as a Freeway as defined by House Bill No, 45 Acts 52nd Legislature, Regular Session. ti SECTION 2. That the State of Texas be and is hereby authorized to &A- ter upon, construct and maintain the project at the location and in the man- ner shown on the plan attached hereto, marked "Exhibit A ", and made a p4ot hereof in all respects. SECTION 3. 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 Manager of the City is further authorized to approve and sign the detailed plans for construction of the project ox any section thereof when and as such plans are completed and prior to award of construction contract by the State. The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City thereto. SECTION 4. The fact that there is an imperative necessity that the work provided for in said contract be begun and carried out promptly, and THAT SUZ:H CONTACT SHOULD ACC O.',Dlii.;LY B_ FOHTWJI TH EXECUTED, .,.;FATES A P'J-�LIC GENCY NEQUIIiIN3 THAT THIS OItDIIdA ?ICE BE PASSED FINALLY ON THE DATE OF ITS II!T;2G- DUCTION, AND THE 7;AYoi< IIAVING IN `..f:IT17IG D=CLA�fED THE EXISTENCE OF SUCH ECi;GENCY AND R-Q't T:n SUCH PASSACE T }il$/i. DIMF d,.E SH S PASSED FINALLY O11 THE DATC OF IT I ;'TODU.TI C "I, THIS , A,. �. AfID SHALL TA ;' EFFECT I :*IEDIAI_LY UPON ITS PASSf.a- AND A Pi -,C1 „L UY THE hiAY i. iFi- CITY OF CO :;PUS CNRISTI, TEXAS I TY ..ECI:EI :1Fi RC''J` 10 =: _ rG? I. GCT03l.R 1 j �u MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT FOR FREEWAY PROJECT STATE OF TEXAS .COUNTY OF NUECES Q This agreement made this day of , 19_, by and between the State of Texas, hereinafter referred to as the "STATE ", party Of the first part, and the City of Corpus Christi, Nueces County, Texas, acting by and through its duly authorized officers under an ordinance passed the day of , 19_, 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 maintenance of a controlled access highway within such city, from Palo Alto Street in the Beach Addition to Perry Street in the Brooklyn Addition, the route over new location and hereinafter called the "Project ", and has by proper ordinance authorized the State to enter upon and improve and maintain or assist the City in the improvement and maintenance of said project as a street and as a Freeway; and Whereas, the State Highway Engineer, acting for and in behalf of the State Highway Commission, has made it known to the City that the State will assist the City in the improvement and maintenance of said project, con- ditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legis- lature, Regular Session, will enter into agreements with the State for the purpose of determining the liabilities and responsibilities of the parties with reference thereto. A G R E E M E N T Now Therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by ahem respectively kept and performed as hereinafter set forth, it is agreed as followsi —1— Definitions It is understood that this project shall be constructed as a street to consist of a "Freeway" as defined by House Bill 451, Acts 52nd Legislature, Regular Session, supplemented by "Frontage Streets" as mutually agreed to by the City and the State. The term "Project" as used in this agreement and hereinabove described as to termini, shall include grading, pavement, curbs and gutters, sidewalks, bridges, grade separation structures; culverts, storm sewers, outfall channels, freeway illumination, as well as other usual appurtenances common to a normal street project. The term ~Freeway" denotes that portion of the project consisting of the inner pavement lanes designed to serve through traffic. The term "Frontage Streets" denotes the outer streets, auxiliary to the Freeway, designed to serve abutting property and adjacent areas. Project 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 exclusive control of and jurisdiction over all streets and public ways within the incorporated limits of such City, and that the City has re- quested and consented to the construction and maintenance of the project and the State in the construction and maintenance of such project does so at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to improve or assist in the improvement of said project at the location and in the manner shown on the plan approved by both parties and attached hereto, marked "Exhibit A ", and made a part hereof in all respects. Right of Way The City will provide or procure without cost to the State and, save as otherwise provided herein or on Exhibit "A "y clear of all obstructions and encroachments the following minimum right of way widths, it being under- stood that additional widths will be required for special conditions such as grade separation structures, intersections, and as required for proper design through rough terrain. The City will not in the future permit en- croachments on said right of way without prior approval by the Highway Department. (a) Approximately 200 feet for the Ship Channel Bridge (construed herein as an elevated portion of the Freeway) and from Palo Alto Street to the south end of the bridge. (b) Approximately 264 feet, in general, outside the limits of the Ship Channel Bridge and its south approach, with an absolute minimum of 220 feet and additional areas where necessary at major interchanges, etc. Existing Utilities The City will provide for the installation, removal or other neces- sary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the proper improvement, —2— maintenance and use of said project. Existing utilities shall be adjusted in respect to location and type of installation as determined by mutual agreement between the City and the State. After such agreement is reached, if, upon receipt of written request by the State, the City does not promptly carry out this provision, and if such delay results in additional expense to the State, such expense will be the direct charge and obligation of the City. Engineering Services The State will prepare or provide for the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction, reconstruction or better- ment work as required by said plans. As the project is developed to the con- struction stage, either as a unit or in increments, the State will secure the City's approval of the construction plans for each increment or the unit prior to award of contract. Division of Construction Responsibilities_ The State will construct grading, bridges and culverts for existing drainage conditions, grade separation structures, pavements curb and gutter as required for construction of the Freeway and Frontage Streets, including connecting ramps, medians, traffic interchanges and turning lanes. If storm sewers are required, the State and City will assume joint financial responsibilities for construction according to the following understanding: The State's construction responsibility will be limited to drainage of the right of way plus a strip 150 feet wide on each side. The City agrees to assume responsibility for drainage outside of this area. Sewer main and outfall construction costs will be apportioned on the basis of discharge into the main. This will take into account greater discharge from paved areas as well as smaller discharge from more distant areas. The State will pay for all inlets on or adjacent to the Freeway and Frontage Streets including their leads to the outfall main. 'Inlets, leads and laterals which drain areas outside the Free- way and Frontage Streets into the outfall main shall be paid for by the City. It is agreed that existing drainage facilities may be used without cost to the State. Responsibilities for construction of traffic control devices, pavement striping, street illumination, and signs for traffic regulation and infor- mation shall be as hereinafter provided. Pavement Striping The State will construct and maintain all longitudinal center line, lane line and non — passing barrier strips on those portions of the project where maintenance of the pavement is the State's responsibility. Traffic Control Devices Highway Traffic signal installations on Frontage Streets, and at —3— interchanges will be constructed by the State at its expense subject to the condition that each signal installation shall be justified by a traffic and engineering study. The City will pay for the cost of power for operating the signals and will operate and maintain the signals at its sole expense. The City will obtain the approval of the State before making any changes in the design of operation and timing of the signals or before removing any part of a signal installation. Any and all parts of any State installed signal which might be removed shall remain the property of the State and shall be returned to the State unless such part or parts are installed on a route of the State Highway System within the City at a location approved by the State. It is understood that the installation of future highway traffic signals will be the subject of a future separate agreement outlining the responsi- bilities of installation and maintenance. For other types of traffic con- trol divices, such as stop and slow signsp parking meters, and other such devices, the type of device9 necessity, and points of installation will be fixed by agreement between the City and The State after traffic and engineer- ing studies have been made. The City will not install or maintain or permit the installation or maintenance of any type of traffic control device which will affect or in- fluence the utility of the project whithout having obtained in writing the prior approval of the State. Traffic control devices installed prior to the date of this agreement and which will affect or influence the utility of the project are hereby made subject to the terms of this agreement, and the City agrees to the removal of all such devices unless their continued use in place is approved in writing by the State. Street Illuminating System This being a Freeway project, it operation and maintenance of a street responsibility of the City and States mined by a separate agreement. Future Utilities is understood that the instillation, illumination system will be a joint such responsibilities to be deter— The City will secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the project or entering the project right of "way. When overhead power lines are considered necessary, the line and structure construction of crossings shall conform to the highest grade and defined by the latest published edition of the National Electrical Safety Code pub- lished by the National Bureau of Standards. It is understood that all under- ground crossings shall be made by bgringg jacking or tunneling; that Conductor casing of sufficient lenght to clear the Freeway and Frontage Streets wilh be required; and ghat where utility tunnels or culverts are constructed the City shall require that all utility services, either publicly or privately owned shall use the tunnels or culverts for crossing the project. Underground crossings other than through the utility tunnels or culverts, or utility con- structed conduits will not be permitted. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the States may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as is practicable. The City will not cut nor permit a third party to cut the pavement for the placement of any pipe or conduit for any utility to be placed transverse 4 to the project. The City will pay to the State promptly the cost`,of repair work by the State made necessary by reason of the installation, repair, re- moval or adjustment of any publicly or privately owned utilities or services, which may occur after the completion of the project. Traffic Regulations and Safety Provisions The City will pass and enforce an ordinance regulating the parking of vehicles as follows: 1. Prohibit all parking on the Freeway traffic lanes. 2. Restrict parking on Frontage Streets to parallel parking and to one side of the Frontage Streets only, and further to prohibit parking at specified places in compliance with the provisions of Section 95, Article XII, R.C.S. 6701d, Texas Uniform Act Regulating Traffic on Highways, and at other locations as future traffic and engineer- ing studies may dictate. The City will prohibit all parking on the Frontage Streets between 12:00 midnight and 6:00 A.M. to facilitate sweeping of the streets. The City will pass and enforce an ordinance providing for one —way traf- fic operation on all frontage streets for the entire length of the project, except as otherwise indicated on approved construction plans or otherwise permitted by agreement as future traffic or engineering studies may dictates. The City agrees that other traffic regulation 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 conducted. The State is authorized and agrees to erect and maintain on the project right of way all traffic signs necessary to regulate, warn, or guide traffic; and such signs shall conform with the then current Texas Manuel on Uniform Traffic Contr ©l Devices for Streets and Highways; The City will prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction or encroachment within the right of way without prior agreement with the State, in conformance with regulations under the Federal —aid Road Act which require that the rights of way provided for Federal —aid highway projects shall be held inviolate for public highway purposes and no unauthorized signs, and no posters, bill - boarde,:rQadside stands or other private installation shall be permitted within the right of way limits. The City will prohibit the movement of loads over the project 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. Division of Maintenance Responsibilities 1. Pavement and Surface Areas. The State will maintain all pavements, bases, shoulders, curb and gutter, grade separation structures, bridges and bridge structures, median strips, and roadway areas between and adjacent to pavements, such maintenance to be limited transversely to "toe of slope ", "top of cut" or "back of frontage street curb" as the case may be. 5 _ The State will sweep, mow, and otherwise kelp clean thi- defined area. The City at its own expeps a will be responsible for similar maintenance of all other surface areas, including intersecting and cross streets not on the design~ * =d State Highway System and out- side the boundaries herein defined for State maintenance. 2. Drainage Facilities. The State will maintain the irainage facilities within he,ria�ht of way limits. The City will be responsible for all other''�ac��11les. Maintenance work by the State shall be performed only as long as the project is the route of a State highway and it is understood and agreed between the parties hereto that all obligations of the State and the City as created her -ein shall terminate if and when the project is no longer the route of a State highway. It is mutually agreed and acknowledged that the City shall retain all func- tions and responsibilities for maintenance, control, supervisions and regu- lations which are not specifically described as the responsibility of the State. These general maintenance provisions are supplemented or in case of conflict are superseded in respect to the conflict only, by the specific maintenance responsibilities as delineated in other provisions of this agreement. Future Street and Railroad Crossings It is understood and agreed between the parties hereto that the City will refrain on its part and will prohibit any other third party from carry- ing any present or future street at grade across or into the Freeway or any present or future railroad at grade across or into the Freeway lanes except as may be shown on the sketch attached hereto and marked "Exhibit A Rail- road and street crossings will be allowed under the Ship Channel Bridge where both parties agree. This provision shall not prevent the City from constructing such underpasses or overpasses in the future as may be necess- ary to effect such crossings needed to relieve traffic when plans and specifications have been approved by the State. Indemnification The City agrees to indemnify the State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connect- ed with the installation, the construction, the existence, the use and /or maintenance of such project and does hereby agree to indemnify the State against any and all court costs, attorneys' fees and all expense in connec- tion with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing in this agreement shall be construed to place any liability on the city for personal injuries arisisag out of the construction of such project. Furthermore, it is not the intent of this agreement to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor unless the State it- self would be liable for such injury or damage. Nothing herein contained shall be construed to place upon the State any manner 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 mainten- ance or use of the project, and the City will save the State harmless from —6— any damages arising from said maintenance and /or use of said project.- It is further understood and agreed between the parties hereto that the improvement and /or maintenance of the 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 payment, of any of the obligations of the City in- curred in the improvement, past or present, of any street project. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Corpus Christi on the day of 19_ s , and the State on the day o ATTEST; City Secretary —7— , 19_, CITY OF CORPUS CHRISTI, TEXAS BY TITLE_ 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 works?,, �p ams heretofore approved ty tli�`�ta I Highway Commission. BY State Highway Engineer APPROVAL RECOMMENDED: Expressway Engineer District Engineer Engineer Road Design CORPUS RIST, TEXAS 1955 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 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; FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO X� 430 s r