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Home My WebLink About16307 ORD - 06/10/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF FLASHING BEACONS AT THE FOLLOWING LOCATION: INTERSECTION OF S.H. 357 (SARATOGA BLVD) AND AYERS STREET, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB- STANTIAL 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 the installation, construction, existence, use, operation and maintenance of flashing beacons at the following location: Intersection of S.H. 357 (Saratoga Blvd.) and Ayers 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 installed at the location hereinabove described creates an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor or Council members, having declared such necessity to exist, 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 /D day of June, 1981. ATTEST: y Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: (0 DAY OF JUNE, 1981: J. BRUCE AYCOCK, CITY ATTORNEY NaCiatiLiviLu 16307 BSEP k7 wd4 STATE OF TEXAS X COUNTY OF TRAVIS X This AGREEMENT, dated 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/Resolution, passed the day of ,19 , hereinafter called the "City," Party of the Second Part, is made to become effective when fully executed by both__ parties. • WITNESSETH WHEREAS, there is (are) (a) highway traffic signal(s) in place at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, said high- way traffic signal(s) having been installed, operated, and maintained by the State_ at a time when said location(s) was (were) not within the corporate limits of the - City; and WHEREAS, said location(s) is (are) now within the corporate limits of the City; and WHEREAS, it is not the policy of the State to install, operate, or maintain highway traffic signals inside the corporate limits of cities of 15,000 population-__ and over (latest Federal Census), except on expressway type -facilities; and. WHEREAS, the City, which now equals or exceeds 15,000 population, has re- • quested the State to leave the highway traffic signal(s) in place at the location(s) shown on EXHIBIT 1 and has authorized the continued existence, use, operation, and maintenance of the highway traffic signal(s) by Ordinance/Resolution passed on the day of ,19 AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 10-79-804, D -18T 1-4 AGREEMENT NOW, therefore, in consideration of the premises and of the mutual cove- nants 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 leave the highway traffic signal(s) in place at the location(s) shown on EXHIBIT I. The plans for the highway traffic signal.instal- lation(s) are attached hereto, marked EXHIBIT 2, and made a part hereof. 2. The City will operate and maintain the signal(s). 3. The City will pay all power costs for operating the signal(s). 4. The City will obtain written approval of the State Department of Highways and Public Transportation before making any changes in the design of operation and timing of the signal(s) or before removing any part of the instal-- lation(s). S. The City will return any and all parts of said highway traffic signal installation(s) to the State should it (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. 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 and the State, this Agreement shall take precedence over the other Agreements and/or Contracts. 0 AGREEMENT (TRAFFIC SIGNAL - T+PE 3A) 2-4 10-79-804, D -18T EXHIBIT 1 LOCATION(S) 1. SH 286 (Ayers Street) with SH 357 (Saratoga Blvd.) AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 4-4 10-79-804, D -18T IN TESTIMONY WHEREOF, the parties hereto have caused these presents to he executed in triplicate on the dates shown hereinbelow. ATTEST: Executed on behalf of the City this day of ,19 . CITY OF CORPUS CHRISTI By: Secretary for City R. Marvin Townsend, City Manager APPROVED: (Dept. Head) APPROVED AS TO FORM: DAY OF JUNE, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By _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 -rhe State Highway and Public Transportation Commission: Executed on behalf of the State this day of ,19 . By: Chief -Engineer of Safety and Maintenance Operations RECOMMENDED FOR APPROVAL: n=4;be=i ty District Engineer Assistant C City Attorney AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 3-4 Engineer of Traffic 10-79-804, D -18T Corpus Christi, Tex pp /0 day of $4-..'i__, 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, Council Members The Charter -rule was suspended Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR The City of Corpus Christi, Texas by the following vote: by the following vote: 16301