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HomeMy WebLinkAbout04932 ORD - 12/18/19570MCIPAL ORDINANCE (CO3^TSTPUCTION & MAT ITENANCE) FREINAY PROJECT AN ORDLIANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF IiIGIPTAY NO. STATE 358, LESINGTON BOULEVARD, ( ALONG AND OVER EXISTING LOCATION) IN THE CITY OF CORPUS CI1tiISTI BErAMN THE FOLMMIG LII=S, TO -WIT: FROM. THE EAST CITY LI1=3 OF CORPUS CHRISTI TO STATE. HIG117AY NO. 286, CHARM RANNGH ROAD, AS A FRM, 1AY AND AS A STREET, HMTSIAFTER REF MM TO AS "THE PROJECT° AND AUTHORIZING THE CITY I•1ANAGER OF THE CITY TO MMCUTE AND THE CITY SECRETARY TO AFFIX THE CCRPOI�ATE SEAL ADM ATTEST THE SL,M, A CL-RTAIN CONTRACT BL+'DKEM -1 THE CITY AND THE STATE OF TES PROVIDING FOR T.`. COA STRUCTIO ?, 1UlIT ENANCE, EXISTENCE AND USE OF SAID PROJECT AS A FREWAY AND AS A STE=, ARID DETMIMING TIM LIABILITIES AND RESPONSIBILITIES OF THE CITY A1kTD THE STATE OF TI AS `WITH REFUGE TIIER.ETO, AND DECLARING AN E,22,GaXY AND PROVIDING THAT THE ODOINANCE SHALL BE EFFECTIVE FRO11 AID AFTER ITS PASSAGE. edIMMAS, the public convenience, safety and necessity of the City, and the people of the City require that the portion of Highway No. State 358, Lexington Boulevard, from the East City Limits of Corpus Christi to State Highway No. 286, Chapman Ranch Road, be constructed, since the existing condition constitutes a serious inconvenience to the public, which it is urgently required to be remedied; and 'S4HIOY'S, the City has requested the State of Texas to contribute financially in the project; and - AUMEAS, the State of Texas has made it known to the City that the State iTM assist the City in the improvement and maintenance of said project as a street and as a Freeway, providing the City approves the plans for said project. NOW THEREFORE, BE IT ORDAIN;.l1 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. 451, Acts 52nd Legislature, Regular Session. SECTION 2, That the State of Texas be and is hereby authorized to enter upon, con- struct and maintain the project at the location and in the manner shown on the plan at- tached hereto, marked "Exhibit A", and made a part hereof in all respects. SECTION 3. The City Hanager 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." Tyy' City Kanager of the City is further authorized to approve and sign the detailed plan. -Ibr construction of the project or 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. SzS,TTON k. The fact that there is an imperative necessity that the work provided for in said contract be begun and carried out promptly, and that such contract should accordingly 1- be forthwith executed, creates a public emergency requiring that this ordinance be passed finally on the date of its introduction, and the Mayor having in uniting declared the existence of such emergency and requested such passage is ordinance shall be ..1csed finally on the date of its introduction, this 7 r , A. D. �:� tt_.r,. J r and shall take effect immediately upon its passage and app oval by the Mayor. MAYOR THE CITY OF CORPUS CIUESTI, TEXAS ATTEST: City Secretary APPROV IFM AS TO LMAL FOfi, I: , - - /,a /z;- z a VA EXHIBIT "o" ONICIPAL CONSTEOGTION AID I•;AETLNdANCE AGSM T FOP F3U'E.=iAY P%QJDCT STATE of 'M uS COUNTY OF PJUECES This agreement made t:is day of , l9_, 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 ", part; of the second part. WITNESSETH Whereas, the City has requested the State to contribute financial aid in the improvement and maintenance of a controlled access highway with n such city, from the East City Limits of Corpus Christi to State Highway No. 286, the route over and along existing location and hereinafter called the "PROJXT", 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 oJhereas, the State Highway Engineer, acting for and in behalf of the State Righi.•ay Commission, has made it Down to the City that the State will assist the City in the improvenent and maintenance of said project, conditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter into agreements with the State for the purpose of determining the liabilities and responsibilities of the parties with reference thereto. AGREIIME. 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: 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,. supple- mented 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 in- clude grading, pavement, curbs and gutters, sidewalks, bridges, grade separation struct- ures, 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 Free- way, designed to serve abutting property and adjacent areas. Project Authorization 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 requested and consented to the construction and main- tenance of the project and the State in the construction and maintenance of such pro- ject 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"", clear of all obstructions and encroachments 250 feet minimum right of way widths, it being understood that additional widths will be required for special conditions such as grade separation structures, intersections, and as re- quired for proper design through rough terrain. The City will not in the future permit encroachments on-said right of bray without prior approval by the Highway Department. The City will also provide right of way for outfall drainage channels where required for proper drainage of the Project. Existing Utilities The City will provide for the installation, removal or other necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the proper improvement, maintenance and use of said project. Ex- isting 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 expenses to the State, such expense will be the direct charge and obligation of the City. Fneaneering 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 super- vise the construction, reconstruction or betterment work as required by said•plans. As the project is developed to the construction stage, either as a unit or in increments, -2- the State will secure the Cityts approval of the construction plans for each increment or the unit prior to award of contract. Division of Construction Responsibilities The State ivrill construct grading, bridges, outfall channels and culverts for existing drainage conditions, grade separation structures, pavement, 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 accord- ing to the following understanding: The State's construction responsibility hill 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 wi11 pay for all inlets on or adjacent to the Freeway and Frontage Streets in- cluding their leads to the outfall main. Inlets, leads and laterals which drain areas outside the Freeway 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 information shall be as hereinafter provided. Pavement StripipZ The State iTill 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 Righway Traffic signal installations on Frontage Streets, and at interchanges wi11 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 main- tain the signals at its sole expense. The City v;ill obtain the approval of the State before raking 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 Highwray System within the City at a location ap_=ved by the State, —3— It is understood that the installation of future highway traffic signals will be the subject of a future separate agreement outlining the responsibilities of installation and maintenance. For other types of traffic control devices, such as stop and siow signs, parking meters, and other such devices, the type of device, necessity, and points of installation 1,rill be fixed by agreement between the City and the State after traffic and engineering 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 id-U affect or influence the utility of the project without having obtained in writing the prior approval of the State, Traffic control devices installed prior to the date of this agreenent 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 aU such devices unless their continued use in place is approved in writing by the State. Street Ill.uminatina, S75tem This being a Freeway project, it is understood that the installation, operation and maintenance of a street illumination system will be a joint responsibility of the City and State, such responsibilities to be determined by a separate agreement. Future Utilities 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 tray. 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 published by the National Bureau of Standards. It is understood that all underground crossings shall be made by boring, jacking or tunneling; that Conductor casing of sufficient length to.clear the Freeway and Frontage Streets trill be required; and that 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 constructed conduits bill 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 State, 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 mill not cut nor permit a third party to out the pavement for the placement of any pipe or conduit for any utility to be placed transverse 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, removal or adjustment of any publicly or privately owned utilities or services, which may occur after the completion Of the project. —4— Traffic RemAations 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 XSI, R.C,S, 6701d, Texas Uniform Act Regulating Traffic on Highways, and at other locations as future traffic and engineering 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 traffic 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 dictate. 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 s:,all conform with the then current Texas Manual on Uniform Traffic Control 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, billboards, roadside stands or other private installation shall be permitted within the right of „ray 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 moveaents. Division of Maintenance Responsibilities 1. Pavement and Surface Areas. The State will i�,aintain 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 keep clean this defined area. The City at its own expense will be responsible for similar maintenance of all other surface areas, including intersecting and cross streets not on the designated State Highway System and outside the boundaries herein defined for State maintenance. 2. Drainage Facilities The State will maintain the drainage facilities within the right of way limits. The City will be responsible for all other drainage facilities. Maintenance uaork 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 herein shall terminate if and when the project is no longer the route of a State highway. It is mutually agreed and acimowledged that the City shall retain all functions and responsibilities for maintenance, control, supervisions and regulations 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 Yailroad 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 carrying 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 shovm on the sketch attached hereto and marked "Exhibit A ". This provision shall not prevent the City from constructing such underpasses or overpasses in the future as may be necessary 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, abuttin;; or other property for which the State is or may be liable arising out of, incident to or in any way connected 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 connection 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 arising 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 itself 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 maintenance or use of the project, and the City will save the State harmless from any damages u 0 f ARISING FROM SAID MAINTENANCE AND/OR USE OF SAID PROJECT. IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO THAT THE IMPROVE- MENT AND /OR MAINTENANCE OF THE PROJECT BY THE STATE IS FOR THE SOLE PURPOSE OF PRO- VIDING 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 INCURRED IN THE IMPROVEMENT, PAST. OR PRESENT, OF ANY STREET PROJECT. IT 15 AGREED THAT IN THE 'EVENT THE STATE OF TEXAS IS AUTHORIZED TO PARTICIPATE IN THE ACQUISITION OF RIGHT -OF -WAY AND /OP. THE COST OF RIGHT -OF -WAY UNDER ANY EXISTING OR FUTURE ACT OF THE LEGISLATURE, THEN THE COST OF THE RIGHT -OF -WAY SHALL BE SHARED IN ACCORDANCE WITH SUCH PROVISIONS OF LAW. IN THE EVENT ANY REVISION IS MADE IN THE FORM OF THIS AGREEMENT OR SIMILAR AGREE- MENTS WITH OTHER CITIES, OR A REVISION IS AUTHORIZED FOR EXECUTION BY THE .STATE HIGHWAY COMMISSION, THE CITY, UPON SO REQUESTING, SHALL BE ENTITLED TO SUBSTITUTE SUCH REVISED FORM OF AGREEMENT FOR THIS AGREEMENT. IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO AFFIXED THEIR SIGNATURES, THE CITY OF CORPUS CHRISTI ON THE DAY OF , 19 , AND THE STATE ON THE DAY OF , 19 ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY _TLT.LE CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM THE STATE OF TEXAS THIS DAY OF , 19_: CERTIFIED AS BEING EXECUTED FOR THE PURPOSE AND EFFECT OF ACTIVATING AND/ CITY ATTORNEY OR CARRYING OUT THE ORDERS, ESTABLISHED POLICIES, OR WORK PROGRAMS HERETOFORE APPROVED AND AUTHORIZED BY THE STATE HIGHWAY COMMISSION. BY STATE HIGHWAY ENGINEER APPROVAL RECOMMENDED: SUPERVISING RESIDENT ENGINEER DISTRICT ENGINEER ENGINEER ROAD DESIGN S 0 CORP CHRISTI, TEXAS -.L ° ,1957 TO THE MEMBERS OF THE 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 RESOLU- TION 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAY THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH , N. J. ROBERTS ' B. E. BIGLER MANUEL P. MALDONADO, ,.... CHARLIE J. RILLS ARTHUR R. JAMES _ ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH N. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. RILLS ' ARTHUR R. JAMES_p ODELL INGLE 1 P, yq�a