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HomeMy WebLinkAbout08722 ORD - 01/10/1968s. • 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 DETE MT MG THE JOINT RESPONSIBILITIES OF THE CITY AMID THE STATE FOR THE CONSTRUCTION, MAINTENANCE AVID OPERATION OF THE STREET ILLUMINATION SYSTEM FROM NORTH END OF THE TARLTON STREET INTERCHANGE TO THE SOUTH END OF THE GOLLIHAR STREET INTER - CHANCE ON THE ROUTE OF STATE HIGHWAY 2B6 (RELOCATED) IN THE CITY OF WRPUS 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 North end of Tarlton Street Interchange to the South end of the Gollihar Street Interchange on the route of State Highway 286 (Relocated); 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, main- tenance and operation of said street illumination system, conditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature, 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 COUNCILS SECTION 1. That since the public convenience and safety of the City and the people of the City will benefit by 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. 8722 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 ordi- nance 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 -� 7 day of 19�. ATTEST: City SecretVry I R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO d.EGAL FORM THIS. '' DAY OF , 19. _I : City Attorney "J -2- ArRFMM FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET ILLUMINATION SYSTEM WITHIN MUNICIPALITY STATE OF TEXAS COUNTY OF NUECES This agreement made this day of , 19 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 day of , 19 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 contribute financial aid in the construction, maintenance and operation of the street illumination system from the North End of the Tarlton Street Interchange to the South End of the Gollihar Street Interchange on the route of State Highway 286 (Relocated), and herein after referred to as the "Street Illumination 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 assist the City in the construction, maintenance and operation of said street illumination system, conditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter into an agreement with the State for the purpose of determining the responsibilities of the parties with reference thereto: A G R E E M E N T 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 per- formed as hereinafter set forth, it is agreed as follows: 1. Project Authorization It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control of and jurisdiction over streets and public ways within the incorporated limits of such City, and that the City has requested and consented to the construction, maintenance and operation of the street illumination system, and the State in assisting in the construction, operation and mainte- nance work 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 State Highway 286 (Relocated). 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 constructed in accordance with the terms of this agreement shall provide for illumination of the Freeway lanes including entrance and exit ramps and other Freeway traffic interchange installations. The joint responsibilities of the City and State for the construction, mainte- nance 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 bids, and let the construction contract, or otherwise provide for the con- struction, and will 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 increments, the State will submit plans of the proposed work to the City and will secure the City's consent to construct the facility according to such plans prior to awarding a contract. The coat of the preliminary engineer- ing performed by the State's employees in preparing plans and specifications, ad- vertising for bids and letting of the construction contract will be borne by the State. The coat of the construction engineering performed by the State in super- vising 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 - 4ialf borne by the State. It is agreed by both parties hereto that the street illumination system shall 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 de- termined by utilizing as a guide the current standard of the Illumination Engi- neering 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 subsequent engineering studies. Final approval of the amount and extent of illumination shall be evi- denced by the approval of both parties of the construction plans. The State will furnish and install at its sole expense all necessary conduits located through or underneath the roadway, and internal conduits on or -2- within structures which cannot be placed without damage after completion of the highway and street construction. A11 other costs of constructing the street illumination system, such as additional conduits, lamp standards, mast arms, reflector units, lamps, bowls, electrical conductors, 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. 3. Maintenance and Operation Resvonsibilities The City hereby agrees at its expense to furnish the electric energy re- quired 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 further 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 work performed in maintaining and operating the street illumi- nation system in an efficient and sightly condition. The City and State accept their respective responsibilities in the maintenance and operation of the street illumination system based upon the following understanding of conditions which shall govern in determining elec- trical 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 minimum 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 con- tract 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 con- tract 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 States 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 _... - - -3- with forms presthacribed by the State and shall be submitted at not less n monthly intervals. The City will assume maintenance and operation on a date to correspond with the date construction 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 Responsibilities ", in respect to the City's responsibility for maintaining and operating the street illumination system and the State's responsibility for 507 participation in the cost thereof shall remain in force from date that mainte- nance and operation responsibilities are first assumed by the City. At any time after two (2) years, this section of the agreement may be revised by mutual agree- ment between the parties. It is understood that all other provisions of this agreement shall remain in full force and effect. 4. General It is understood that the State's financial participation in 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 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 without the right of either party to act independently of the other to sell, donate, or by any other means to relinquish its prorate ocgnership interest, or any part thereof, to any third party. Unless established by subsequent agree- ment, approved by both parties, neither the City nor the State shall have the right to remove or relocate any part of the street illumination system except as necessary to accomplish replacement of unserviceable equipment in. conforming with specification requirements of original installation. 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 system is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis of any claim for State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. -4- IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Corpus Christi on the day of , 19 , and the State Highway Department on the day of , 19 ATTEST: CITY OF CORPUS CHRISTI BY City Secretary City Manager APPROVED AS TO LEGAL FORM THIS THE STATE OF TEXAS DAY OF , 19_ Certified as being executed for the purpose and effect of activating and/ or carrying out the orders, established policies, or work programs heretofore City Attorney approved and authorized by the State Highway Commission: Asst. State Highway Engineer APPROVAL RECOMMEBIDED: %%v f ' ! ^ "Ig/ 966,ervising Resi ent Engineer ` l District Engineer Chief Engineer of Highway Design -5- CORPUS CHRISTI, AS DAY OF , t9L 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; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MA R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW 6G VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS 8722