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HomeMy WebLinkAbout06406 ORD - 01/24/1962JKH:1-23 -62 - MUNICIPAL ORDINANCE (CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET ILLUMINATION SYSTEM) AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT_ BETWEEN THE CITY AND THE -STATE OF TEXAS FOR THE PURPOSE OF DETERMINING THE JOINT RESPONSIBILITIES OF THE CITY AND THE STATE FOR THE CONSTRUCTION,,MAINTENANCE AND OPERATION OF THE STREET ILLUMINATION SYSTEM FROM PEABODY STREET TO UPRIVER ROAD ON THE ROUTE OF INTERSTATE HIGHWAY 37 IN THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, IT IS THE DESIRE OF THE CITY THAT A STREET ILLUMINATION SYSTEM BE CONSTRUCTED, OPERATED AND MAINTAINED FROM PEABODY STREET TO UPRIVER ROAD ON THE ROUTE OF INTERSTATE HIGHWAY 37; AND WHEREAS THE STATE HIGHWAY ENGINEER, ACTING FOR AND IN BEHALF OF THE STATE HIGHWAY COMMISSION, HAS MADE IT KNOWN TO THE CITY THAT THE STATE WILL ASSIST THE CITY BY PARTICIPATING IN THE COST OF THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SAID STREET ILLUMINATION SYSTEM, CONDITIONED THAT THE CITY AS CONTEMPLATED BY SENATE BILL 415, ACTS 46TH LEGISLATURES REGULAR SESSION, WILL ENTER INTO AN AGREEMENT WITH THE STATE FOR DETERMINING THE RESPONSIBILITIES OF THE PARTIES WITH REFERENCE THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. THAT SINCE THE PUBLIS CONVENIENCE AND SAFETY OF THE CITY AND THE PEOPLE OF THE CITY REQUIRE IT, SAID STREET ILLUMINATION SYSTEM SHALL BE CONSTRUCTED, OPERATED AND MAINTAINED. SECTION 2. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT AND CONTRACT WITH THE STATE OF TEXAS IN ACCORDANCE WITH AND FOR THE PURPOSE OF CARRYING OUT THE TERMS AND PROVISIONS OF THIS ORDINANCE, IN THE FORM ATTACHED HERETO AND MARKED "EXHIBIT A °. SECTION 3. THE CITY SECRETARY IS HEREBY DIRECTED TO ATTEST THE AGREEMENT AND CONTRACT AND TO AFFIX THE PROPER SEAL OF THE CITY THERETO. SECTION II. THE MAYOR HAVING REQUESTED IN WRITING THAT THIS ORDI- NANCE TAKE EFFECT FORTHWITH AND THERE BEING IN FACT AN EMERGENCY-AND IMPERATIVE NECESSITY THAT THE WORK HEREIN PROVIDED FOR BE BEGUN AND CARRIED OUT PROMPTLY AND WITH EXPEDITION AND THAT THE CONTRACT AFORESAID SHALL BE IMMEDIATELY MADE, r IF , f EXECUTED AND DELIVERED TO THE END THAT SUCH WORK HEREIN PROVIDED FOR MAY BE BEGUN AND CARRIED OUT PROMPTLY AND WITH EXPEDITION. THE READING OF THE ORDINANCE ON THREE SEVERAL'DAYS IS HEREBY DISPENSED WITH AND THE SAME SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE. PASSED AND APPROVED, THIS THE '] DAY OF JANUARY, 1962. ATTEST: MAYOR CITY SECRETARY THE CITY OF CORPUS CHRISTI, XAS APPROVED AS TO LEGAL FORM TH _2.9 DAY OF JANUARY, 1962: ` CITY ATTORNEY AMMMW Fog WN&MOTICN, 1fAItTi Hd1A9iCS AlTD OPII{ATICN OF STB�T II.IiIMATICN SMDf WITHIN MDNICIPAIITI SPATS OF TEW Cawr OF NMES This agreement made this day of � , 19 by and be- tween the State of Texas, hereinafter referred to as the eStatsw • party of the first part' and the City of Corpus Ch"ati, Name" Comrty, Terns, act irtg by end throagh its duly anthorised officers sander an ordinance passed the ---� day of 19 hereinafter Galled the "Cityn, party of the second part. WITNSSS&TH s the City has requested the State to Geintribsts finaareial aid in the oonebavetion, naimtQmoe and operation of the strset illmination system frees Pms"4 Street to UPRirer Read an the rMte of Interstate NighwW 37, and herein- after referred to ae the eStrest Illumination system,,, and WEnMW, the State Nib &Sineer, acting for and in Dehalt of the Sts►2cs idigha w4T Casissioa, has made it ]mourn to the City that the Stale resist the City gh the construction, eiaintenence end operation of said street illuaination "mes eon - ditioned that the City, as contaeplated by Senate !fill 415, Acts Legislature, Regular Session, will enter into an agreement raigh the State for the purpose Legisl es e, temULiag the responsibilities of the parties with reference theretoa AGREEMENT W1I TMMMI in .mside'stlom of the premises end of the fttual owenents and iagreements er set forth, it is hereto to be by them respectively kept er,d perfomed as here.- agreed as fallossa 1. Pr±y�eo¢ AecCDorisaL�ion It is andamoteod end agreed between the parties hereto that the City by oP the pr -i&ima of its ohmrter and the laws of the State of Texas has l sistu® trot of am4 jurisdiction over streets and public _ Incorporated oo®- of each City, and that the City has requested and consented tohthe°em�ructi liana tom" Md ®per "Oft of the street i3].M1 tiem lea, and the Staoteno in assi main - tom" in the construction, operation and maintenance wont does so at the special instance and request of the City. The section of highway and city streets covered by this agreement is a part of Interstate Highway 37, The "Freeway lanes" are the inner pavement lanes designed to serve through traffic and are supported by "Frontage streets ", or outer streets, designed to serve abutting property and adjacent areas. Entrance and exit ramps connect the Freeway lanes with the Frontage streets. The street illumination system to be con- structed in accordance with the terms of this agreement shall provide for illumination of the Freeway lanes including entrance and salt ramps and other Freeway traffic inter- change installations. The joint responsibilities of the City and State for the con- struction, maintenance and operation of this street illumination system Will be in accordance with the following provisions. 2. Construction Responsibilities The State will prepare or provide for the plans and specifications, advertise for bide, and let the construction contract, or otherwise provide for the construction, and rill supervise the construction, reconstruction or betterment work as required by said plans. As the project is developed to the construction stage, either as a unit or in increments, the State will submit plans of the proposed work to the City and will se- cure the City's consent to construct the facility according to such plans prior to awarding a Contract. The cost of the preliminary enginOering performed by the State's employees in preparing plans and specifications, advertising for bide and letting of the construction contract will be borne by the State. The cost of the construction engineering performed by the State in supervising the construction work required by the plans and specifications will be shared by the State and the City, with one -half the cost borne by the City and one -half borne by the State. It is agreed by both parties hereto that the street illumination system WWI be designed to provide an average illumination of approximately 0.8 foot Candle initial on the pavement surface, and that the type of illumination shall be determined by utiliz- ing as a guide the current standard of the Illumination Engineering Society. It is understood that the illumination intensity is stated in this agreement for the purpose of arriving at a preliminary mutual understanding upon which to base design, and that the illumination intensity may vary on sections or portions of the project as may be found desirable by subeaquont engineering studies. Final approval of the Anount, and extent of illumination shall be evidenced by the approval of both parties of the con- struction plane. The State will furnish and install at its sole ezpenae all necessary conduits located through or underneath the roadway, and internal conduits on or within structures which cannot be placed without damage after completion of the highway and street con - struction. All other costs of constructing the street illumination system, such as ad- ditional conduits, lamp standards, mast aroma, reflector units, lamps, bowls, electrical conductora, wiring, etc. will be financed on a cooperative basis, and one -half the cost of such construction will be borne by the City and one-half by the State. Prior to such time as it is the desire of the City and the State to receive bids for the construction of the street illumination system covered by this agreement, a separate agreement will be made to cover the financing of each specific project. -2- 3. Maintenance and Operation Responsibilities The City hereby agrees at its expense to furnish the electric energy required for proper operation of the street illumination system, such electric energy to be provided at points on the street illumination system as designated by the State. The City fur- ther agrees to maintain and operate the street illumination system in an efficient and sightly condition. The State hereby agrees to reimburse the City in the amount of 50% of the cost of the electric energy used by the street illumination system and 50% of the cost of the Stork performed in maintaining and operating the street illumination system in an effi- cient and sightly condition. The City and State accept their respective responsibilities in the maintenance and operatlon of the street illumination system based upon the following understanding of conditions which shall govern in determining electrical energy rates, and maintenance and operation costs and procedure; (a) It being the City's desire that the local power agency perform all functions required for proper maintenance and operation of the street illumination system, it is hereby agreed by both parties hereto that the City, subject to the approval of the State, may execute a contract with the local power agency, such contract to fix energy rates and set forth the minimmi requirements for maintenance and operation of the street illumination system, and further establish the basis for the cost of these services. A copy of this contract as executed between the City and power agency, and as approved by the State, shall be attached to this agreement and made a part hereof in all respects. As a governing contract with the power agency is terminated and replaced by subsequent contracts, such subsequent contracts shall be subject to these provisions of this agreement. (b) All requests by the City to the State for payments in accordance with the State's agreed participation shall be properly certified and submitted by the City to the District Engineer of the State Highway Department at Corpus Christi, Texas. Such requests for payment shall be in accordance with forms prescribed by the State and shall be sub- mitted at not less than monthly intervals. The City will assume maintenance and operation on a date to correspond with the date constriction of the street illumination system is completed and accepted by the State, if the illumination system is constructed by sections this provision shall apply to each such separately constructed section, This section of this agreement, Section 3 headed "Maintenance and Operation Re- sponsibilities", in respect to the City0s responsibility for maintaining and operating the street illumination system and the State's responsibility for 50% participation in the cost thereof shall remain in force for a period of two years frvmm date that main- tenance and operation responsibilities are first aosumted by the City, after which this section of the egreemeant will be renewed or a new agreement executed covering these responsibilities. It is understood that all other provisions of this agreement shall remain in full force and effect. -3- " Cmeral It is understood that the State's financial participation in construction, mainten- ance and operation will not extend to and include the construction and mainten ance of MY primary lines and incidental equipment necessary to connect the Freeway illumination system With power stations. It is understood that the State shall participate in the maintenance and operation work only as long as the project .is the route of a State highway, and it is understood and agreed between the parties hereto that all obligations of the State and City as created herein shall terminate if and when the project is no longer the route of a State highway. The street illumination system shall be jointly owned by the City and State with- out the right of either party to act independently of the other to sell, donate, or by any other means to relinquish its prorata ownership interest, or any part thereof, to neither hird Party. Ith established by subsequent agreement, approved by both parties the street illumination nor e State hall have the right to remove or relocate any part of ' umination system except as necessary to accomplish replacement of unser- viceable items as required in the normal maintenance and upkeep of the illumination system. 5. Intent of Parties It is further understood and agreed between the parties hereto that the State's participation in the construction, maintenance and operation of the street illumination oystem is for the sole purpose of providing the traveling public a more ado travel quate facility and shall never be the basis of any claim for State assu ticipation in the payment, of any of the obligations of the City incurre mpt par- d in the ion, or r provement, past or present, of any street project, -t;- IN WITNESS WH19 WF, the parties have hereunto effired their signatures, the City of Corpus Christi on the ® day of � 3 9 and the State Highway Department of the day of 19 ATTEST: City Secretarj APPROVED AS TO L&GAL FORM THIS DAY OF 1962- City Attorney CITY OF CORPUS CHRISTI BY City Manager THE STATE OF TEAS Certified as being executed for the Purpose and effect of actisating and/ or carrying out the orders, established ram Policies, or work progs heretofore approved and authorized by the State Highway Commission: BY State Highway Engineer APPROVAL RECOMMHVDED: Supervising Resident Engineer District Engineer Chi-- f $igineer of Highway Design COO R,Pr/US CHR I S TEXAS T DAY OF �%� 19 ..� 7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING 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, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY 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, 1. THE CITY OF CORPUS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MaDONALD aAd TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADo W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BEN F. MCDONALD Tom R. SWANTNER �t DR. JAMES L. BARNARD Jose R. DELEoN a M. P. 14ALOOMADO W. J. ROBERTS JAMES H. YOUNG ._