HomeMy WebLinkAbout08485 ORD - 06/07/1967MUNICIPAL ORDINANCE
(CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEM)
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY
SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CER-
TAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS FOR THE PUR-
POSE OF DETERMINING THE JOINT RESPONSIBILITIES OF THE CITY AND THE
STATE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SAFETY
LIGHTING SYSTEM FROM THE EAST END OF CORN PRODUCTS ROAD INTERCHANGE
TO THE M. P. RAILROAD UNDERPASS NEAR CALALLEN ON THE ROUTE OF THE
INTERSTATE HIGHWAY 37 IN THE CITY OF CORPUS CHRISTI; AND DECLARING
AN EMERGENCY.
WHEREAS, IT IS THE DESIRE OF THE CITY THAT A SAFETY LIGHTING SYSTEM BE
CONSTRUCTED, OPERATED AND MAINTAINED FROM THE EAST END OF CORN PRODUCTS ROAD
INTERCHANGE TO THE M. P. RAILROAD UNDERPASS NEAR CALALLEN ON THE ROUTE OF INTER-
STATE 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 CONSTRUCT
THE SAFETY LIGHTING SYSTEM AND REIMBURSE THE CITY FOR THE CITY'S COST OF MAINTENANCE
AND OPERATION OF SAID SYSTEM, SUBJECT TO THE CONDITION AND �1P'ROVISION STATED HEREIN,
AS PROVIDED FOR IN HIGHWAY COMMISSION MINUTE ORDER N0. 58464-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT SINCE THE PUBLIC CONVENIENCE AND SAFETY OF THE CITY AND
THE PEOPLE OF THE CITY WILL BE IMPROVED BY IT, SAID SAFETY LIGHTING 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 THEPURPOSE 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 4. THE MAYOR HAVING REQUESTED IN WRITING THAT THIS ORDINANCE 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, 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 if 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 , 19
ATTEST.
aftySecrelry
APPROVED S TO GAL FORM S
T_ D OF 1 Y%s
C X!Ll "L'f —t /
City Attorndy d
Y R
THE CITY OF CORPUS CHRISTI, TEXAS
AGREEMENT FOR CONSTRUCTION AND MAINTENANCE
AND OPERATION OF SAFETY LIGHTING SYSTEM
WITHIN MUNICIPALITY
STATE OF TEXAS
COUNTY OF NUECES
This agreement made this day of -r. JUNE , 19__L, by and
between the State of Texas, hereinafter referred to as 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 passed the 7TH day of
JUNE , 19 67, hereinafter called the "City ", party of the second part.
W I T N E S S E T H
WHEREAS, the City has requested the State to finance the construction and
maintenance and operation of the safety lighting system on the route of Interstate
Highway No. 37, from the east end of Corn Products Road Interchange to the M.P.R.R.
Underpass near Calallen, and hereinafter referred to as the "safety lighting system ",
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 construct the
safety lighting system and reimburse the City for the City's cost of maintenance and
operation of said system, subject to the conditions and provisions stated herein, as
provided for in Highway Commission Minute Order No. 58464.
A GR.E E M E N T
NOW THEREFORE, in consideration of the premises and of the mutual convenants
and agreements of the parties hereto to be by them respectively kept and performed
as hereinafter set forth, it is agreed as follows:
A. Project Authorization
The City has requested and consented to the construction, maintenance and
operation of the safety lighting system, and the State in financing the construction,
operation and maintenance work does so at the special instance and request of the
City.
B. Construction Responsibilities
The State will prepare or provide for the plans and specifications, advertise
for bids, and let the construction contract, or otherwise provide for the construction
and will supervise the construction, reconstruction or betterment work as required by
said plans. As the project is developed to the construction stage, the State will
secure the City's approval of the construction plans prior to award of contract.
All cost of constructing the safety lighting system including such items as
conduits, lamp standards, mast arms, reflector units, lamps, bowls, electrical con-
ductors, wiring, etc. will be borne by the State.
C. Maintenance and Operation Responsibilities
The State hereby agrees to reimburse the City for the cost incurred by the City
in maintaining and operating the safety lighting system.
The City hereby agrees to, either directly or indirectly through the City's
authorized agent, operate the safety lighting system in an efficient manner and
promptly make repairs as needed to maintain full and efficient operation of the
system. The City hereby agrees that assignment of maintenance and operating duties
to a third party does not relieve the City of the responsibility for enforcement of
these provisions.
It being the City's desire that the local power agency perform all functions
required for proper maintenance and operation of the safety lighting 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 minimum requirements for maintenance and operation
of the safety lighting system, and further establish the basis for the cost of these
services. A copy of this contract as executed between the City and the 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.
The City and State accept their respective responsibilities as hereinabove
defined based upon a pre - determined per lamp total annual cost. of:
20,000 Lumen Luminaire: _ $33.00 per year
10.,000 Lumen Luminaire: $30.00 per year
This charge includes cost for electrical energy used by the safety lighting
system and material, parts, labor, and equipment costs for the following normal
maintenance of the system:
(a) Cleaning luminaires
(b) Replacing lamps
(c) Minor glass breakage (less than 5 in one day)
(d) Replacing fuses in all control relays
The following major items of maintenance shall be provided for by the City on
a force account basis with reimbursement for costs of materials and labor to be
made by the State:
(a) Replacement of illumination assemblies that are damaged or destroyed.
(b) Replacement of transformer stations and appurtenances that are
damaged or destroyed.
(c) Repairing or replacement of buried conductors.
(d) Major glass breakage (5 or more in one day).
(e) Replacement of obsolescent equipment.
-2-
It shall be the responsibility of the City or the City's authorized agent
to provide and maintain an adequate supply of replacement parts.
D. Payment
All requests for payment for electrical energy and maintenance operations 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 submitted at not
less than monthly intervals. The City will maintain a system of records necessary
to support and establish the eligibility of all claims for payment under the terms
of this contract. When requested by the State the City will permit and assist in
an audit by an auditor of the State Highway Department of this record or any other
records of the City which pertain to the costs of maintenance and electrical energy
as covered by the terms of this agreement.
E. General
It is understood that assumption of maintenance and operation of the safety
lighting system by the City (or its duly authorized agent) when herein agreed upon
shall begin on a date to correspond with the date construction of the safety
lighting system is completed and accepted by the State.
This agreement supersedes and cancels any and all prior maintenance and
operation agreements on this system.
It is understood that, upon the completion and acceptance by the State of any
extension of this safety lighting system to include any area other than the inter-
sections and /or interchanges herein noted, this agreement is automatically canceled
and becomes null and void as of the date of acceptance of such extension by the
State.
It is understood that the state's financing of construction, maintenance and
operation will not extend to and include the construction and maintenance of any
primary lines and incidental equipment necessary to connect the safety lighting
system with power stations.
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 on the route of a State maintained highway.
It is understood and agreed by both parties that this agreement is automatically
canceled 30 days following written notice of the desire for cancellation filed by
either party.
IT IS UNDERSTOOD THAT THE LOCATION OF ALL PARTS OF THE LIGHTING SYSTEM,
INCLUDING THE SPACING THEREOF, AND THE DETERMINATION OF THE INTENSITIES OF
EACH LIGHT, IS A DECISION SOLELY OF THE STATE AND THE CITY ASSUMES NO RESPONSI-
BILITY THEREFOR.
-3-
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
City of Corpus Christi, Texas, on the day of 19
and the State Department on the" day of 19
ATTEST CITY OF CORPUS CHRISTI
BY
ERSERT W. WHITNEY
CITY ECRETARY CITY MANAGER
APPROVED AS TO LEGAL FORM THIS THE (Title of Signing Official)
DAY OF JUNE, 1967:
ITY ATTORNEY
-4-
THE 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 Commission:
BY
State Highway Engineer
APPROVAL RECOaMENDED:
uperving Res ent Engineer
District Engineer
Engineer Road Design
...rte'-' �4-
_
PwiEcT 7 "
- , - ' • 1 AI LIB} OPSMTION. " • c •
nR Certain
This supplemental Agreement shall eonsttiituts an awndoent nafertreferred
r�Aq MQRMQ', OPgiATION, AND MAINTE
to as the- Agreement"). entered into and IS, (hereinafter after2refe referred o as the
1958, between and y)r the City of Corp
and the Central Power and Light Company (hereinafter
referred to as the -
C�,�)
prg=Ag� tits the is responsible for the operation and naiutenassca of
Freeway Safety Lighting System in the Mty,af Corpus Christi on interstate
Iaterchauge to the N.P.R;R. Under-
gighway 37 from East and of Coro
products interstat* Highway 37"). which system'ii
pass near Calallen (locally. knows► art, hereof,
narked Exhibit "V attached hereto and Winded. b4 known as
shown on the d ;D sba u se of the gr nine (89) lamps mounted
and which system shall, for the p,rNo 1, mercury
"Project No. 7, which said•Projeill being twenty (20,000)
on aluminum or steel standards, cap walla. all being tan
vapor lamps, and sixteen (16) lamps mounted on
n said proyect No.. 7; and
thousand (10,400) lumen mercury vapor
- VHEREAB, the Company agrees to provide electric vapor Lam at an ate Ofs�2,.50 -
above described ten .thousand (10,000) lumen mercury vapo
fixture par month upon the terms and conditions of the original,contract.
par
ee dnt shall become an amendment to the
TBlggaF013, this �.
ri rosily included so a'Part thereof but the Agreement as
Agreement TEMbjeco 6. 7 shall from th@ date hereof be operated under said .
Agreemant as though
affected h
amended shell not be otherwise ereby.
IN TESTIMNT Wmmy: thw central Power and Light jeer, q has, caused these
in its mama by its autborized officer, and S be attested
has caused these Presents to be signed by the City
prerents to be signed its City Sacratary as of the
by itr Becretaxy, and the City
manager -of the City of Corpus Christi and attested by`
day of --' 19,_
pQ`78S -AW LZ= ODIVARY VAL
-CEM ATTESTS'. �n ;
Ily _ Vicn lreeideut.
SecrstaY
i CITY OF ODPM "CMMTX.
AgYTlSTr - .
Herbert W. walruey .
City Secretary City MoAapr
AltROVEO AS TO %PAL FQRH iTUB
r
DAY OF
City Attorney
0
!r
`R
CORPUS CHRISTI, TEXAS
/iJ� />
/ .
DAY e�� 19
TO THE MEMBERS OF THE CITY COUNCIL �"
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODLCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
4 THEAY
OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
BONNIE SI ZEh10RE
V. A. "DICK" BRADLEY, JR.
J. A. "JACK" GRANT
P. JIMENEZ, JR., M.D.
GABE L02AN0, SR.
KEN i•1CDANIEL
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
J. A. "JACK" GRANT
P. JIMENEZ, JR., NI. D. �
GABE LOZANO, SR. �+
KEN P•iCDANI EL a