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HomeMy WebLinkAbout05601 ORD - 12/02/1959• AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNAI(S) AT THE INTERSECTION(S) SHOWN ON-EXHIBIT NO. 1, ATTACHED HERETO AND MADE • A PART HEREOF, IN THE CITY OF CORPUS CHRISTI, TEXAS, AND ALITI•IOR I Z I NG1J�E 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 INSTALLATION,_ CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF SAID HIGHWAY TRAFFIC SIGNAL(S); PAYMENT -BY THE STATE OF TEXAS,_OF THE INSTALLATION AND CONSTRUCTION COSTS; PAYMENT BY THE CITY OF THE COST OF OPERATING AND MAINTAINING THE HIGHWAY TRAFFIC SIGNAL(S) AND ALL THE POKER COST FOR OPERATING SAID HIGHWAY,TRAFFIC SIGNAL(S); CHANGES IN THE DESIGN OF OPERATION AND TIMING OF THE HIGHWAY TRAFFIC SIGNAL(S) AND REMOVING ANY PART OF THE HIGHWAY TRAFFIC SIGNAL(S); RETURN TO THE STATE OF ANY AND ALL PARTS OF SAID TRAFFIC SIGNAL INSTALLATION(S) REMOVED BY THE CITY; POLICE ENFORCEMENT BY THE CITY REQUIRED FOR SECURING OBEDIENCE TO THE HIGHWAY TRAFFIC SIGNAL(S); AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, THE PUBLIC CONVENIENCE, SAFETY, AND NECESSITY REQUIRE THAT THE HIGHWAY TRAFFIC SIGNAL(S) BE INSTALLED AT THE INTERSECTION(S) SHOWN ON EXHIBIT NO. 1, ATTACHED HERETO; AND ORDINANCE (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1) . FORM D -18 -3 11 -z &56 -1- WHEREAS, THE STATE OF TEXAS HAS MADE IT KNOWN TO THE CITY THAT IT WILL: (1) FURNISH THE NECESSARY FUNDS FOR THE ACTUAL CONSTRUCTION, (2) PREPARE PLANS AND SPECIFICATIONS, (3) INSTALL SAID HIGHWAY TRAFFIC SIGNALS), AND (4) SUPERVISE CONSTRUCTION, PROVIDED THE CITY WILL! (1) APPROVE THE PLANS, SPECIFICATIONS, AND LOCATION OF SAID HIGHWAY TRAFFIC SIGNALS), (2) OPERATE AND MAINTAIN THE SIGNAL(S), (3) PAY ALL POWER COSTS FOR OPERATING THE SIGNALS), (4) OBTAIN WRITTEN APPROVAL OF THE STATE HIGHWAY ENGINEER BEFORE MAKING ANY CHANGES IN THE DESIGN OF OPERATION AND TIMING OF THE SIGNAL(S) OR BEFORE RE- MOVING ANY PART OF THE INSTALLATION(S), (5) RETURN ANY AND ALL PARTS OF SAID HIGHWAY TRAFFIC SIGNAL INSTALLATION(S) 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, AND (6) BE RESPONSIBLE FOR THE POLICE ENFORCEMENT REQUIRED FOR SECURING OBEDIENCE TO THE HIGHWAY TRAFFIC SIGNAL W . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. THAT SINCE THE PUBLIC CONVENIENCE, SAFETY, AND NECESSITY REQUIRE IT, HIGHWAY TRAFFIC SIGNALS) -BE CONSTRUCTED AND PROVIDED AT THE INTERSECTION(S) SHOWN ON EXHIBIT NO. 1, ATTACHED HERETO, IN THE CITY OF COrt l % C.H RJI Si I.' . . . . . . . • TEXAS. ORDINANCE TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1) -2- FORM D -18 -3 11 -28 -56 r_ • SECTION 2. THAT THE STATE OF TEXAS BE AND IS HEREBY AUTHORIZED TO CON- STRUCT SAID HIGHWAY TRAFFIC SIQNAL(S) AT THE LOCATION(S) AND IN THE MANNER SHOWN ON THE PLANS AND DESCRIBED IN THE SPECIFICATIONS ATTACHED HERETOO MARKED "EXHIBIT A," AND MADE A PART HEREOF IN ALL RESPECTS. SECTION 3. THAT THE CITY WILL OPERATE AND MAINTAIN THE SIGNALS). SECTION 4. THAT THE CITY WILL PAY ALL POWER COSTS FOR OPERATING THE SIGNALS). SECTION 5. THAT THE CITY WILL OBTAIN WRITTEN APPROVAL OF THE STATE HIGHWAY ENGINEER BEFORE MAKING ANY CHANGES IN THE DESIGN OF OPERATION AND TIMING OF THE SIGNAL(S) OR BEFORE REMOVING ANY PART OF THE HIGHWAY TRAFFIC SIQNAL INSTALLATIONS). SECTION 6. THAT THE CITY WILL RETURN ANY AND ALL PARTS OF SAID HIGHWAY TRAFFIC SIQNAL INSTALLATION(S) 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. SECTION 7. THAT THE CITY WILL BE RESPONSIBLE FOR THE POLICE ENFORCEMENT REQUIRED FOR SECURING OBEDIENCE TO THE HIGHWAY TRAFFIC SIGNALS). SECTION 8. THAT THE MAYOR 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 ORDINANCES IN THE FORM ATTACHED HERETO, MADE A PART HEREOF, 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 THERETO. SECTION 9. THAT THE MAYOR OF THE CITY HAVING REQUESTED IN WRITING THAT THIS ORDINANCE TAKE EFFECT FORTHWITH AND THERE BEING IN FACT AN EMERGENCY AND ORDINANCE TRAFFIC SIGNAL - EXPRESSWAY TYPE E-1) FORM D-18 -3 11 -28 -56 -3- IMPERATIVE PUBLIC NECESSITY THAT THE WORK HEREIN PROVIDED FOR BE BEGUN AND CARRIED OUT PROMPTLY AND WITH EXPEDITION, AND THAT THE CONTRACT AFORESAID SHALL BE IMMEDIATELY MADE, EXECUTED, AND DELIVERED TO THE END THAT SUCH WORK THEREIN PROVIDED FOR MAY BE BEGUN AND CARRIED OUT PROMPTLY AND WITH EXPEDITION. THE READING OF THIS ORDINANCE ON THREE SEVERAL DAY$ IS HEREBY DISPENSED WITH, AND THE SAME SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE. PASSED AND APPROVED, THIS THE DAY OF 1959. r ATTEST: MA OR THE CITY 0 RPUS CHR T1, TEXAS yyy CITY SECRETARY APPROVED AS TO LEQAL FORM THIS v THE DAY OF , 19591 CITT ATTORNE ' ' ORDINANCE TRAFFIC SIGNAL - EXPRESSWAY TYPE E-1) FORM D 18 -3 11 -z8 -56 EXHIBIT NO. 1 LOCATION OF INTERSECTIONS) 1. STAPLES AT ANTELOPE 2. STAPLES AT BUFFALO ORDINANCE (TRAFFIC SIGNAL - ERPRFSSWAY TYPE -E -1) -5- FORN D -18 -3 11 -28 -56 I THE STATE OF TEXAS COUNTY OF TRAVIS g THIS AGREDENT, MADE THIS DAY OF 19 BY AND BETWEEN THE STATE OF TEXAS, HEREINAFTER CALLED 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 AUTHORIZED THE INSTALLATION OF HIGHWAY TRAFFIC SIGNAL(S) BY ORDINANCE PASSED ON THE DAY OF 1 19_, AT THE INTERSECTION(S) SHOWN ON EXHIBIT NO. 2, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY; AND WHEREAS, THE STATE HAS MADE IT KNOWN TO THE CITY THAT IT WILL: (1) FURNISH THE NECESSARY FUNDS FOR THE ACTUAL CONSTRUCTIONS (Z) PREPARE PLANS AND SPECIFICATIONS, (3) INSTALL SAID HIGHWAY TRAFFIC SIGMAL(Sj, AND (11) SUPERVISE CONSTRUCTIONS PROVIDED THE CITY WILL: (1) APPROVE THE PLANS, SPECIFICATIONS AND LOCATION OF SAID HIGHWAY TRAFFIC SIGNALS), (Z) OPERATE AND MAINTAIN THE SIGNAL(S), (3) PAY ALL POWER COSTS FOR OPERATING THE SIGNALS), (4) OBTAIN WRITTEN APPROVAL OF THE STATE HIGHWAY ENGINEER BEFORE MAKING ANY CHANGES IN THE EXHIBIT "B" AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1) _ FORM (1-18-11 11 -z8 -56 so DESIGN OF OPERATION AND TIMING OF THE SIGNAL(S) OR BEFORE REMOVING ANY PART OF THE INSTALLATIONS), (5) RETURN ANY AND ALL PARTS OF SAID HIGHWAY TRAFFIC SIGNAL INSTALLATION(S) 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, AND (6) BE RESPONSIBLE FOR THE POLICE ENFORCEMENT REQUIRED FOR SECURING OBEDIENCE TO THE HIGHWAY TRAFFIC SIGNALS). AGREEMF�N7_ 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. THE STATE WILL FURNISH THE NEFESSARY FUNDS FOR THE ACTUAL CONSTRUCTION, PREPARE PLANS AND SPECLFICATIONS, IN§TALL SAID HIGHWAY TRAFFIC SIGNAL(S), AND SUPERVISE CONSTRUCTION. 2. THE CITY WILL OPERATE AND MAINTAIN THE HIGHWAY TRAFFIC SIGNAL(S) UPON COMPLETION OF THE INSTALLATION(S) BY THE STATE. AGREEMENT TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1) FORM D -18 -4 11 -28-56 -2- 3. THE CITY WILL PAY ALL POWER COSTS FOR OPERATING THE SIGNALS). 4. THE CITY WILL OBTAIN WRITTEN APPROVAL OF THE STATE HIGHWAY ENGINEER BEFORE MAKING ANY CHANGES IN THE DESIGN OF OPERATION AND TIMING OF THE SIGNAL(S) OR BEFORE REMOVING ANY PART OF THE INSTALLATIONS). 5. THE CITY WILL RETURN ANY AND ALL PARTS OF SAID HIGHWAY 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. 6. THE CITY WILL BE RESPONSIBLE FOR -THE POLICE ENFORCEMENT REQUIRED FOR SECURING OBEDIENCE TO THE HIGHWAY TRAFFIC SIGNAL(S). 7- IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE CITY RECOGNIZES THAT THE PUBLIC CONVENIENCE, SAFETY, AND NECESSITY REQUIRE THE CONSTRUCTION OF THE HIGHWAY TRAFFIC SIGNAL(S) AS HEREIN PROVIDED AND HAS CONSENTED TO THE CONSTRUCTION OF THE HIGHWAY TRAFFIC SIGNALS) HERE - INABOVE NAMED BY THE APPROVAL OF THE LOCATION AND MANNER OF CONSTRUCTION AS SHOWN ON PLANS AND DESCRIBED IN SPECIFICATIONS ATTACHED HERETO, MARKED "EXHIBIT Ain AND MADE A PART HEREOF'. 8. IN THE EVENT THE TERMS OF THIS AGREEMENT ARE IN CONFLICT WITH THE PROVISIONS OF ANY OTHER EXISTING AGREEMENTS AND/OR CONTRACTS BETWEEN THE CLTY AND THE STATE, THIS AGREEMENT SHALL TAKE PRECEDENCE OVER THE OTHER AGREE- MENTS AND/OR CONTRACTS. ALL OTHER PROVISIONS OF -SAID EXISTING AGREEMENTS AND/OR CONTRACTS NOT IN CONFLICT WITH THIS AGREEMENT SMALL REMAIN IN FULL FORCE AND EFFECT. AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1) -3- FORM D -18-4 11 -28-56 IN TESTIMONY WHEREOF, THE PARTIES HERETO HAVE CAUSED THESE PRESENTS TO BE EXECUTED IN TRIPLICATE ON THE DAY ABOVE STATED. ATTEST: SECRETARY FOR CITY APPROVED AS TO LEGAL FORM THIS DAY OF •1959 CITY ATTORNEY APPROVED AS TO FORM: GENERAL ATTORNEYS FOR THE CITY BY CiTy t1vm CITY OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS CERTIFIED AS BEING EXECUTED FOR THE PURPOSE AND EFFECT OF ACTIVATING AND/OR CARRYING OUT THE ORDERS ESTABLISHED POLICIES OR WORN PRO- GRAMS HERETOFORE APPROVED AND AUTHORIZED BY THE STATE HIGHWAY COMMISSION: BY CHIEF ENGINEER OF MAINTENANCE - OPERATIONS RECOMMENDED FOR APPROVAL ISTRICT ENGINEER ASSISTANT ATTORNEY GENERAL ENGINEER OF RAFFIC REvISED 9-13-57 AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1) FORM D -18-4 11 -28 -56 -4- EXHIBIT NO. 2 LOCATION OF INTERSECTION(S) 1. STAPLES AT ANTELOPE 2. STAPLES AT BUFFALO AGREEMENT (TRAFFIC SIGNAL - EXPRESSWAY TYPE E -1) FORM 0 -18-4 11 -28 -56 -5- • CORPUS CHRISTI ERAS ODAY OFD 19-t(2 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCEDV OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY' YOR THE CITY ORPUS CHRI I,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY T ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. 5601