HomeMy WebLinkAbout04573 ORD - 07/05/1956Form 1037
MUNICIPAL MAINTENANCE ORDINANCE
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE
HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF
Corpus Christi , COUNTY OF Nueces
TEXAS, HEREBY REFER
Rt D.TO.,AS MUNICIPAL MAINTENANCE PROJECT AND
AUTHORIZING THE CI$ "bi"`THE CITY OR OTHER AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN
AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE-
CLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD 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 State Highway routes within the
City be adequately maintained; and
WHEREAS, the City has requested that the State of Texas, enter
upon and contribute financially to the maintenance of said project; and
WHEREAS, thwe State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole cost and expense,
enter upon and maintain said project, conditioned upon the provisions concerning
liabilities and responsibilities for maintenance, control, supervision, and
regulation which are set out in the form attached hereto, made a part hereof, and
marked "MUNICIPAL MAINTENANCE AGREEMENT "; and
WHEREAS, said project consists of those State Highways and /or
portions thereof which are described and included in the form attached hereto and
marked "MUNICIPAL MAINTENANCE AGREEMENT."
NOW, THEREFORE, BE IT ORDAINED by the ;-F'1'
SECTION 1. That the public convenience, safety and necessity of the City
and the people of the City require said project be adequately maintained.
SECTION Z. That the State of Texas be and is hereby authorized to enter
upon and maintain said maintenance project.
SECTION 3. That the Mayor, or proper City official, of the City, be and
is hereby authorized to execute for and on behalf of the City an agreement with
the State of Texas, in accordance with and for the purpose of carrying out the
terms and provisions of this order, in the form attached hereto, made a part hereto,
and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed
to attest the agreement and to affix the proper seal of the City thereto.
SECTION ¢, The Mayor of the City, having requested in writing that this ordinance
take effect forthwith and 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 agreement aforesaid shall be immediately made, executed and delivered
to the end that such work herein provided for may be begun and carried out promptly
and with expedition. The reading of the ordinance on three several days is hereby
dispensed with and the same shall be in full force and effect from and after its
passage,
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Form 1038
MUNICIPAL MAINTENANCE AGREEMENT
(For Maintenance Only)
STATE OF TEXAS ()
COUNTY OF TRAVIS ()
THIS AGREEMENT made this day of , 19 , by and be-
tween the State of Texas, hereinafter referred to as the "State," party of the
first part, and the City of Cis
County, Texas, (population;'' ' ° *' , 1950 Federal Census) acting by
and through its duly authorized officers, 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 assume maintenance on State
Highway routes within such city; and
WHEREAS, the Legislature of the State of Texas did enact Senate Bill No. 415,
46th Legislature, effective May 15, 1939, authorizing and empowering the State
Highway Commission in its discretion to enter into contracts or agreements with the
governing bodies of incorporated cities, towns, and villages relative to the location,
relocation, construction, reconstruction, and maintenance, control, supervision,
and regulation of State Highways within or through the corporate limits of such
municipalities; and
WHEREAS, the general policy of the State Highway Commission provides that
the State Highway Department may assist in maintenance, control, supervision, and
regulation of any or all State Highway routes through municipalities with a population
of 15,000 or less, and any or all State Highway routes except the congested or
downtown sections of those municipalities with a population in excess of 15,000 as
shown by the last available Federal Census, conditioned that the City will enter into
agreements with the State for the purpose of determining the liabilities and respons-
ibilities of the parties with reference thereto; and
WHEREAS, the State Highway Engineer, acting for in behalf of the State
Highway Commission, has made it known to the City that the State will assist the
City in the maintenance, control, supervision, and regulation of certain State Highway
routes within such city, conditioned that the City will enter into agreements with the
State for the purpose of determining the liabilities and responsibilities of the
parties thereto; and
WHEREAS, all such agreements made with cities, towns, and villages are for the
purpose of maintenance, control, supervision and regulation of State Highway routes,
and shall in no way be considered to cover any present or past obligations either
real or anticipated concerning such highway routes through municipalities;
1
Form 1038
Rev 9 -1 -53
NOW THEREFORE, in consideration of the premises and of the mutual convenants
and agreements of the parties hereto to be by them respectively kept and performed,
it is agreed that maintenance will be assumed by the State over the specified State
Highway routes within said city, as set out in the following provisions.
Coverage
1. State assumption of maintenance under this agreement covers the State
Highway routes and portions thereof which are listed and described as
follows:
An State meted blgbfty VOWWO a those 1.140ed mder Paregrapb 2.
2. It is mutually agreed that on the portions of City Streets listed
below, along which marked highway routes have been located as
authorized by the City, the City shall retain full responsibility
and control for maintenance, improvement, and regulation; and the
State shall not be required or obligated to participate therein,
except that the State is hereby authorized and hereby agrees to
rkera and directional and des-
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Form 1038
Rev 9 -1 -53
3. The City agrees that traffic regulations including speed limits, will be
established and fixed by agreement with the State after traffic and engineer-
ing surveys have been conducted.
4. The City agrees to prohibit angle parking, except upon written approval by
the State after traffic and engineering surveys have been conducted to
determine that the roadway is of sufficient width to permit angle parking
without interfering with the free movement of traffic.
5. The City agrees to prohibit parking where such restrictions are necessary
for satisfactory operation of traffic, by passing ordinances and taking
other appropriate action in addition to full compliance with current laws
on parking.
6. The City agrees that traffic control devices, such as stop and slow signs,
traffic signal lights, parking meters, and other types of devices for traffic
control, in respect to type of device, points of installation, and necessity
will be fixed by agreement with the State after traffic and engineering
surveys have been made. The City agrees that it will not install or maintain
or permit the installation or maintenance of any type of traffic control
device which will affect or influence the utility of the State Highway routes
without having obtained in writing the prior approval of the State. Traffic
control devices installed prior to the date of this agreement are hereby
made subject to the terms of this agreement, and the City agrees to the removal
of such devices which affect or influence the utility of the State Highway
routes unless their continued use is approved in writing by the State. It is
understood that future traffic signal lights installed as a joint project by
the City and State will be the subject of a separate agreement outlining the
responsibilities for installation and maintenance.
7. It is mutually agreed that the City may install and maintain any street
lighting system desired by the City provided such installation shall not
constitute a hazard to traffic on the State Highways, and provided the
City shall pay all costs in its installation, maintenance, and electrical
energy required for its operation, unless other conditions are covered in
a separate agreement between the City and the State.
State's Duties
1. The State agrees to maintain normal route markers and directional and desti-
nation signs for direction of highway traffic.
2. The State agrees to maintain center line, lane line, and no- passing barrier
line stripes. Any other traffic striping desired by the City may be placed
and maintained by the City subject to the approval of the State.
3. The State agrees to maintain the pavement, base, and its support, and to
maintain the normal shoulders on those sections where there is no curb and
gutter.
Form 1038
Rev 9 -1 -53
City's Duties
1. 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.
2. The City agrees to prohibit the servicing of vehicles within the normal
width of streets and to prohibit signs, except official traffic signs,
extending into the streets beyond the curb line, except on any streets
and /or portions of streets for which an existing agreement between the
State and the City specifies the control of sign location, in which in-
stances those provisions of such agreement covering control of sign location
shall remain in full force and effect.
3. The City agrees to prevent future encroachments within the right -of -way of
the highway routes and assist in removal of any present encroachments if and
when requested by the State.
4. The City agrees to require installations, repairs, removals or adjustments
of publicly or privately owned utilities or services to be performed in
accord with State Highway Department specifications and subject to approval
of the State; and further agrees to pay to the State promptly the cost of
making repairs to the subgrade or surfacing made necessary by such work
on utilities or services.
5. The City agrees to retain and continue the responsibility for all
drainage, except where participation by the State is specifically
covered in an agreement between the City and the State, and to retain
and continue its duties of sweeping, flushing, and otherwise keeping
the State Highway routes covered herein in a clean and sanitary condition.
6. It is mutually agreed and acknowledged that the City shall retain all functions
and responsibilities for maintenance, control, supervision, and regulation
which are not specifically described as the responsibility of the State.
7. The City agrees to prohibit the planting of trees•or shrubbery or the creation
or construction of any other obstruction within the right -of -way without
prior agreement with the State.
8. The City agrees to continue its responsibility for proper construction,
maintenance, and control of private entrance facilities.
Form 1038
Rev 9 -1 -53
T-1 —i -Pi n +i nn
1. The City agrees, to indemnify the State against any and all damages and
claims for damages to adjoining, abutting or other property arising out
of or in any manner connected with the maintenance or use of the State
Highway covered herein for which the State is or may be liable, and to
indemnify the State against any and all court costs, attorneys' fees and
all expenses in connection with suits for such damages, and, if requested
to do so in writing, to assist or relieve the State from defending any such
suits brought against it.
m inA +i.,n
1. It is understood and agreed between the parties hereto that all obligation
of the State created herein to maintain the State Highway routes covered by
this agreement shall terminate if and when they are no longer routes of
State Highways; and further, that should either party fail to properly fulfill
its obligations as herein outlined, the other party may terminate this agree-
ment upon thirty days written notice.
Said State assumption of maintenance to be effective the date of execution of
this agreement by the Highway Department.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
City of ow�u$ x'uu
on the day of , 19 , and the Highway Department
on the day of
ATTEST:
CITY SECRETARY
APPROVED AS:70 LEGAL FORM JUNE LV, 1950:
..ITY ATTORNEY
APPROVAL RECOMMENDED:
District Engineer, District_
Maintenance Engineer
Note: To be executed in triplicate
and supported by Municipal
Maintenance Ordinance and
Certificate of City Secretary
1.7
, 19
CITY OF COMM
BY,
CITY I'- 'IANAGER
Title of Signing official
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 Commission:
By:
Chief Engineer of Maintenance
Operations
CORPUS ISTI, TEXAS
1956
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 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, 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 CI7Y COUNCIL.
RESPECTFULLY, d /�
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 CULLI /
W. J. ROBERTS /
B. E. BIGLER
MANUEL P. MALDONADO
453