HomeMy WebLinkAboutOrd No. 11-3555ORDINANCE NO. 11 -3555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, APPROVING AN AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) FOR
RECONSTRUCTION AND DEVELOPMENT, INCLUDING
INSTALLATION OF AN EMERGENCY PRE -EMPT SIGNAL ON SH 194
(QUINCY STREET); DECLARING THAT SUCH AGREEMENT IS FOR A
PUBLIC PURPOSE; AGREEING TO A MAXIMUM OF FIFTEEN
THOUSAND AND SEVEN HUNDRED FORTY -SEVEN AND 50/100
DOLLARS ($15,747.50) AS THE CITY CONTRIBUTION TOWARD THE
PROJECT; DESIGNATING AN AUTHORIZED OFFICIAL AND
AUTHORIZING SUCH OFFICIAL TO EXECUTE ALL NECESSARY
DOCUMENTS; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE;
CONFLICTS CLAUSE; EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION AND ENFORCEMENT OF SUCH ORDINANCE.
WHEREAS, the Texas Department of Transportation (TxDOT) owns and
operates U. S. Highway 70 in the corporate limits of the City of Plainview; and
WHEREAS, the Texas Transportation Code Ann., Sections 201.103 and
222.052, establishes that the State shall design, construct, and operate a system of
highways in cooperation with local governments; and
WHEREAS, TxDOT is reconstructing and developing a section SH 194 (Quincy
Street) near West 10 Street by the installation of an emergency pre -empt signal; and
WHEREAS, such transportation improvements and developments by the
installation of an emergency pre -empt signal on SH 194 (Quincy Street), near West 10
Street serve a public purpose; and
WHEREAS, the City of Plainview, Texas desires to contribute to such public
purpose of installing an emergency pre -empt signal on SH 194 (Quincy Street); and
WHEREAS, the City Council agrees to commit a maximum amount of Fifteen
Thousand and Seven Hundred Forty -Seven and 50/100 Dollars ($15,747.50); and
WHEREAS, the City Council further designates Mayor John C. Anderson as the
City's authorized official to execute this Agreement and act on behalf of the City on all
matters pertaining to this project.
NOW, THEREFORE, The City of Plainview hereby ordains that:
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SECTION I
The City Council for the City of Plainview, Texas hereby approves the Local
Transportation Project Advance Funding Agreement to Install an Emergency Pre -empt
Signal on SH 194.
SECTION II
The public purpose of such Agreement is for reconstructing and developing a
section of SH 194 (Quincy Street) near West 10 Street by the installation of an
emergency pre -empt signal.
SECTION III
The City Council further approves the commitment of a maximum amount of
Fifteen Thousand and Seven Hundred Forty -Seven and 50/100 Dollars ($15,747.50) for
the City of Plainview's participation costs in such project, including installation of an
emergency pre -empt signal, which are incidental and benefit the state highway system.
Such work is based on the need for traffic control.
SECTION IV
The Mayor is hereby authorized and directed to execute, respectively, on behalf
of the City of Plainview, Texas, all necessary documents, including the Local
Transportation Project Advance Funding Agreement to Install an Emergency Pre -empt
Signal on SH 194, and act on behalf of the City on all matters pertaining to this project.
SECTION V
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is no intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
SECTION VI
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating, or governing the subject matter herein.
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SECTION VII
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VIII
This ordinance shall be in full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this 23 day of June, 2011.
PASSED AND APPROVED on second reading this 28
ATTEST:
Belinda Hinojosa, City Sec
APPROVED AS TO CONTENT:
ike Gilliland, Public Works Direc or
APPROVED AS TO FORM:
Les ie Spear Pearc City Attorney
Ord. No.11 -3555
y of June, 2011.
ohn C. Anderson, Mayor
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