HomeMy WebLinkAbout18340 ORD - 07/17/1984TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF
TEXAS FOR THE CONTINUED EXISTENCE, USE, OPERATION, AND
MAINTENANCE OF A HIGHWAY TRAFFIC SIGNAL AT THE INTERSECTION
OF FM 624 AND FM 1889; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be authorized to execute an
agreement with the State of Texas for the continued existence, use, operation,
and maintenance of certain highway traffic signal at the intersection of FM 624
and FM 1889, all as more fully set forth in the agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A."
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to take
immediate action for the preservation of the public peace, health, safety, and
general welfare, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon ordinances or
resolutions at three regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the 17th day of
July, 1984.
ATTEST:
Cit ecretary " ' MAYOR �
THE C OF CORPUS CHRISTI, TEXAS
APPROVED: ! ItDAY OF JULY, 1984
J. BRUCE YC K, CITY ATTORNEY
ty Attorne,
18340
MICROFILMED
SEP 2 81984
STATE OF TEXAS
COUNTY OF TRAVIS
{
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/xttl6f*
XNXYmw, 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 Ni4Yd9 (a) highway traffic signal(s) in place at the location(s)
shown on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic
signalXxX having been installed, operated, and maintained by the State at a time
when said location(sX was O&M not within the corporate limits of the City;
and
WHEREAS, said locationQC5QX is (ow440(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 requested
the State to leave the highway traffic signal00) 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(A by OrdinanceAODSC4x44xxxpassed
on the day of ,19
AGREEMENT (TRAFFIC SIGNAL - TYPE 3A) 1-4 2-82
T.
AGREEMENT•
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 leave the highway traffic signalAgk in place at the
location(s) shown on EXHIBIT 1. `x0(d(X0X4d( XMXXN#X(M(QQkXXXXXXXX#XXXTOINX
Qi6444 (U( ,52XKo((Xa(X SCSI 9(tmlxkli(9(4(3(4(XX7tuhslAWRX7anfiRAMftatXiPxxXxkxXXRfx
2. The City will operate and maintain the signalAgt at their expense.
3. The City will pay all power costs for operating the signa1Xz,$.
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 installatior5 5 .
5. The City will return any and all parts of said highway traffic signal
installationta) to the State should it Xk)aai 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 signal installation(xX covered by this Agreement
become unnecessary or is 4S1(i): removed for any reason, this agreement shall
terminate.
7. Indemnification.
The City agrees to indemnify the State against any and all damages and
claims for damages to adjoining, abutting or other property for which the State
is or may be liable arising out of, incident to or in any way connected with the
existence or the use of such signal installationggi and does hereby agree to
indemnify the State against any and all'court costs, attorney's fees and all
expenses 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.
AGREEMENT (TRAFFIC SIGNAL -TYPE 3A) 2-4 2-82
Nothing herein contained shall he 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 use of the
project, and the City will save the State harmless from any damages arising from
said maintenance and/or use of said project.
8. The Department will not incur any financial obligation to the City as
a result of this agreement.
AGREEMENT (TRAFFIC SIGNAL -TYPE 3A) ' 2-82
3-4
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the dates shown hereinbelow.
ATTEST:
Secretary for City
APPROVED: day of July, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
By
By
Assistant City Attorney
Executed on behalf of the City, this
day of 19 ,
By:
Mayor
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 Transportation
Commission:
APPROVED:
Assistant City Manager day of
By:
19
Chief Engineer of Safety
and Maintenance Operations
Executed and approved for the State Highway
and Public Transportation Commission under
Authority of Commission Minute 78501 and
Administrative Order No. 29-81
RECOMMENDED FOR EXECUTION:
District Engineer
AGREEMENT (TRAFFIC SIGNAL - TYPE 3A)
2-82
P
EXHIBIT 1.
LOCATIONS
FM 624 with FM 1889: In Corpus Christi, Nueces County
Corpus Christi, T as
I/ day of
, 198
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYO
Council Members
THE
Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passe. .y the following vote:
Luther Jones 1
Betty N. Turner 1/' _
David Berlanga, Sr. Or
Welder Brown
Leo Guerrero /
Dr. Charles W. Kennedy 1
Joe McComb //J
Frank Mendez 1` `
Mary Pat Slavik
18340