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Home My WebLink About04574 ORD - 07/05/1956AN ORDINANCE PROVIDING FOR THE EXISTENCE, USE, OPERATION, AND MAINPENANCE OF HIGHWAY TRAFFIC SIGNALS AT THE INTERSECTIONS SHOWN ON EXHIBIT NO. 1, ATTACHED RE MO AND MADE A PART HEREOF, IN THE CITY OF . COrpue.Cbrieti ................. TEXAS, C ] TY 'HAMAGER AND AUTHORIZING THE/AWW 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 EXISTENCE, USE, OPERATION,. AND MkINTENANCE OF SAID HIGHWAY TRAFFIC SIGNALS; FOR PAYMENT BY THE CITY OF THE COST OF OPERATING AND MAINTAINING THE HIGHWAY TRAFFIC SIGNALS AND ALL OF THE POWER COST FOR OPERATING SAID HIGHWAY - TRAFFIC SIGNALS; FOR RETURN TO THE STATE OF ANY AND ALL PARTS OF SAID TRAFFIC SIGNAL INSTAL- LATIONS REMOVED BY THE CITY; AND DECLARING AN IIMUENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety, and necessity of the City and the i'W,rS IT DESIRABLE people of'the City/x that the highway traffic signals be operated and maintained at the intersections shovn on Exhibit No. 11 attached hereto and made a part hereof, F!ICHT since the intersect to -41mw constitute a danger and serious inconTenience to the public if unprotected; and WAS, the State of Texas has installed, operated, and maintained highway traffic signals at its own expense at the intersections shown on Exhibit No. 11 attached hereto and made a part hereof, prior to the time said intersections were within the corporate limits of the City; and WHEREAS, said intersections are now within the corporate limits of the City; and WHEREAS, it is not the policy of the State of Texas to install, operate, or maintain highway traffic signals inside the corporate limits of cities of 5,000 Ordinance (Traffic Signal - Type 3) -1- 9 5-1 '� population and over (Latest Federal Census); and WHEREAS, the City has requested the State of Texas to leave the highway traffic signals in place at the intersections shown on Exhibit No. 1, attached hereto and made a part hereof, and the State of Texas has made it known to the City that it will leave said highway traffic signals in place provided the City will: (1) operate and maintain the signals, (2) pay all power costs for operating the signals, and (3) return any and all parts of said traffic signal installations to the State of Texas should 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 of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: Section 1. That since the public convenience, safety, and necessity of MAKE DESIRABLE Z the City and the people of the City 2'RnVA e it the highway traffic signals shown on Exhibit No. 1, attached hereto and made a part hereof, shall remain in place. Section 2. That the City will operate and maintain the signals. Section 3. That the City will pay the cost of the power for operating the signals. Section 4. That the City will return any and all parts of said traffic signal installations to the State of Texas should 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 of Texas. CITY PAAPIAGLR Section 5. That the FlnJ-P be and is hereby authorized to execute for and Ordinance (Traffic Signal - Type 3) -2- 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, made a part hereof, and marked Ifthibit B." The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City thereto. Section 6. That the Mayor of the City haling requested in writing that this ordinance take effect forthwith, and there being in fact an emergency and imperative public necessity that the provisions contained herein be carried out promptly and with expedition, and that the contract aforesaid shall be immediately made, executed, and delivered to the end that the provisions contained herein be carried out promptly and with expedition, the reading of this ordinance on three several days is hereby dispensed with, and the same shall be in full force and effect from and after its passage. PASSED AND APPROVED, THis THE AY of , 1956. b1AYGR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: C Y 3 EC A ET4 Y APPROVED AS TO LEGAL FORM jnE li, 1956: CITY ATTORNEY , ordinanos (Treffia Signal - Type 3) -3- EXHIBIT NO. 1 LOCATION OF INTERSECTIONS No. 1. Intersection of Leopard St. (State Highway No. 9) and Savage Lane, Flashing Beacon. No. 2. Intersection of Leopard St. (State Highway No. 9) and McBride Lane, Flashing Beacon. No. 3. Intersection of F. M. Highway No. 665 and F. M. High- way No. 891, Flashing Beacon. No. Q.. Intersection of State Highway No. 44 and-Baldwin Blvd. Fixed Time Signal. No. 5. Intersection of Lexington Ave. (State Highway No. 358) and Staples St., Flashing Beacon. No. 6. Intersection of Lexington Ave. (State Highway No. 358) and Airline Road, Flashing Beacon. No. 7. Intersection of Lexington Ave. (State Highway No. 358) and Everhart Road, Flashing Beacon. Ordinance (Traffic Signal - Type 3) Exhibit No. 1 STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, made this ............ flay of ................; 19...., by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of ...x.4404 ............: .. !.......... 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, there are highway traffic signals in place at the intersections shown on Exhibit No. 21 attached hereto and made a part hereof, said traffic signals having been installed, operated, and maintained by the State at a time when said intersections were not within the corporate limits of the City; and WHEREAS, said intersections are 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 5,000 population and over (Latest Federal Census); and WHEREAS, the City has requested the State to leave the highway traffic signals in place at the intersections shown on Exhibit No. 21 attached hereto and made a part hereof, and the State has made known to the City that it will leave said highway traffic signals in place provided the City will: (1) operate and maintain the signals, (2) pay all power costs for operating the signals, and (3) Agreement (Traffic Signal - Type 3) -1- EXHIBIT B return any and all parts of said traffic signal installations to the State should 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. 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 them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. That the State will leave the highway traffic signals in place at the intersections shown on Exhibit No. 2 attached hereto and made a part hereof. 2. That the City will operate and maintain the signals. 3. That the City will pay the cost of the power -for operating the signals. 4. That the City will return any and all parts of said traffic signal installations to the State should 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. 5. That in the event the terms of this agreement are in conflict with the provisions of any other existing agreement and /or contract between the City and the State, this agreement shall take precedence over the other agreement and /or contract. All other provisions of said existing agreements and /or contracts not in conflict with this agreement shall remain in full force and effect. Agreement (Traffic Signal - Type 3) -2- IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: By Secretary for City C TY NiANMY; -Pr APPROVED AS TO LEGAL FG44 JUNE 4, 1956: THE STATE OF TEXAS CITY ATTORNEY Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway Commission: APPROVED AS TO FORM: General Attorneys for the City Assistant Attorney General By Chief Engineer of Maintenance Operations RECOMMENDED FOR APPROVAL: Revised 9 -2 -53 Agreement (Traffic Signal - Type 3) -3- District Engineer Supervising Traffic Engineer SIT No. 2 LOCATION OF INTERSECTIONS iNor 1. Iateraootled of Leopard St. ($tat* Siglalsy No. 9) and Savage Vie, PlashIM Dorian. V-Ve. 2. Iaateraeiotien of Leopard St. (3tato M~ No. 9) and %Wkride We, F7ashfng B . r/Ne• 3. Intersection of F. M. H40MY go. 665 and F. M. High- my No. on, bushing Bemoan. -,—No* 4. Interseetien of State Highway No. 44 and Beldvin Blvd. Fixed TUm 516=19 . 5. Intersection of L wdngten Ave. (Mato H1~ No. 358) and staples Street„ nashing Beacom. ✓xo. 6. Interaeotiem of Les atgton A". (8tate MgbwV No. 35S) and Airline Road, F2eahing Bessaa. ,✓ o. 7. Intersection of Lead gtaa Ave. (State Bey No. 358) end B'Yerbart Road, Flaahing Beason. Agreement (Traffic signal - Type 3) Exhibit No. 2 CORPUS RISTI, TEXAS U,Z - 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 S65PENSION 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 CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; FARRELL D. SMITH MINOR CULL] 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