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HomeMy WebLinkAbout18410 ORD - 08/14/1984AN 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 S.H. 44 AND TALBERT ROAD; 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 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 S.H. 44 and Talbert Road, 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 14th day of August, 1984. ATTEST: APPROVED: /q DAY OF AUGUST, 1984 J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CI OF CORPUS CHRISTI, TEXAS 18110 MICROFILMED "SEP 2 81984 SEP 0 1964 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/Reao- iYrtion; 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 (ate) (a) highway traffic signal(.$ in place at the location(-) shown on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic signal( -s) having been installed, operated, and maintained by the State at a time when said location(e•) was (were:) not within the corporate limits of the City; and WHEREAS, said location(-) is (arc) 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 signalPsi in place at the location(--) shown on EXHIBIT 1 and has authorized the continued existence, use, operation, and maintenance of the highway traffic signal(-) by Ordinance/Rccolution passed on the day of 1,16WEtilbIT ('PRAFFIC SP NP TYPE 3A) ,19 1-4 2-82 9 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 signal hr) in place at the location( -s3 shown on EXHIBIT 1. The plans for the highway traffic signal installationfs4 are attached hereto, marked EXHIBIT 2, and made a part hereof. 2. The City will operate and maintain the signal(:,) at their expense. 3. The City will pay all power costs for operating the signal+}. 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 signals) or before removing any part of the installation( -e). 5. The City will return any and all parts of said highway traffic signal installation ( -5-) to the State should it (the)) 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() covered by this Agreement become unnecessary or is (eye} 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 installation(-ej and does hereby agree to indemnify the State against any and ail 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. hGhEEMt±NT (TRAFFIC SIGNAL-' A) 2'4 2-82 Nothing herein contained shall he construed to place upon the State any manner of liability for injury 1.0 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. o AGREEMENT (TRAFFIC SIGNAI.-TYPE 3A) 2-82 3-4 IN TESTIMONY WHEREOF, the parties hereto have caused the_5e presents to be executed in triplicate on the dates shown hereinbelow. Executed on behalf of the City, this ATTEST: By: day of 19 . Secretary for City Edward A. Martin, City Manager STATE OF TEXAS APPROVED: DAY OF , 1984 Certified as being executed for the purpose J. BRUCE AYCOCK, CITY ATTORNEY and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized By: by the State Highway and Public Transportation Assistant City Attorney commission: Assistant City Manager APPROVED: day of 19 . By: 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 4- 4 ro, EXHIBIT L LOCATIONS r .c t ,��, • SH 44 with Talbert Rd. in Corpus Christi, Nueces County Corpus'Christi, 'Tex �r day of ad , 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, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez 0, T Mary Pat Slavik �T 18410