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HomeMy WebLinkAbout15418 ORD - 03/19/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEPA.^, Fon THE IN.TALLATIO , CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS AT THE FOLLOWING LOCATIONS: (1) Lipan Street with N. Tancahua Street. (2) Lipan Street with N. Carancahua Street. ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement between the City of Corpus Christi and the State of Texas for installation, construction, existence, use, operation and maintenance of highway traffic signals at the following locations: (1) Lipan Street with N. Tancahua Street (2) Lipan Street with N. Carancahua Street all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid agreement in order that proper signalization may be operated and maintained at the locations hereinabove described creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be read at three several meetings of the City Council, but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the i9 day of .March, 1980. ATTEST: ty Secretary APPROVED: /57 DAY OF MARCH, 1980: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR /WW THE CITY OFL RPUS CHRISTI, 15418 • STATE OF TEXAS COUNTY OF TRAVIS X 1 This AGREEMENT, dated this day .,f ,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 aaNIBEEMEIME NiiMnIM4MMMENI/Ordinance/NEMUUME, passed the day of 19_, hereinafter called the "City,"/"XMMXXX1r Party of the Second Part,is made to become effective -when fully executed by both parties. W I T N E S S E T H WHEREAS, the City/ZalialEf has authorized the installation of highway traffic signal(s) by an XLt7 t/Ordinances, passed on the day of ,19 at the location(s) shown on EX- HIBIT 1, attached hereto and made a part hereof; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covets 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 provide for the actual construction, prepare plans and specifications, install said highway traffic signal(s) and supervise construction. 2. The City/MEE5 hereby consents to the construction of the highway traffic signal(s) shown on EXHIBIT 1 by the approval of the location and manner of con- struction as shown on the plans and described in the specifications. AGREEMENT (TRAFFIC SIGNAL. - 0 F SYSTEM SAFETY FUNDS) 1-4 1Q-79-1000, D-18 G • 3. The City/481 will operate and maintain the highway traffic signal(s) in a manner consistent with the design upon completion cf the installation(s) by the State. 4. The Cityy will pay all power costs for operating the signal(s). 5. The Cityy will be responsible for the police enforcement re- quired for securing obedience to the highway traffic signal(s). 6. In the event the terms of this Agreement are in conflict with the provisions of any other existing agreements and/or contracts between the City/E'didily and the State, this Agreement shall take precedence over the other agreements and/or contracts. AGREEMENT (TRAFFIC SIGNAL - OFF SYSTEM SAFETY FUNDS) 10-79-1000, D-18 2-4 IN TESTIMONY WHEREOF, the parties -hereto have caused these presents to be executed in triplicate on the dates shown hereinbelow. ATTEST: Executed on behalf of the City/County, this day of ,19 By: Secretary for City - 4WiiitPatirg4 City Manager lETORW THE 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 and Public Transporta- tion Commission: Executed on behalf of the State, this day of ,19 . By: Chief Engineer of Safety and Maintenance Operations APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: J. Bruce Aycock, City Attorney By ASSt.Attorney for the City District Engineer yt dgit'i-TAYr q Director of Finance Engineer of Traffic AGREEMENT (TRAFFIC SIGNAL -OFF SYSTEM SAFETY FONDS) 3-4 10-79-1000 D-18 EXHIBIT 1 LOCATION(S) 1. Intersection of Lipan Street with Tancahua Street 2. Intersection of Lipan Street with Carancahua Street AGREEMENT (TRAFFIC SIGNAL - OFF SYSTEM SAFETY FUNDS) 4-4 10-79-1000 D-18 Corpus Christi, Texas /9 day of Atte" ,19) • TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, 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, 'YIR IX• '' THE CIOF IRPUS CHRISTI, TEXAS The Charter rule was suspend by by th - owing vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky 15418