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