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HomeMy WebLinkAbout09397 ORD - 06/18/1969MUNICIPAL 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 TFYAR 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 FOR THE STATE HIGHWAY 358 INTERCHANGE WITH CONNECTIONS ALONG STATE HIGHWAY 286 (RELOCATED) TO THE SOUTH END OF THE GOLLIHAR STREET INTERCHANGE IN THE CITY OF CORPUS CHRISTI; AND DECTARING 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 for the State Highway 358 Interchange with connections along State Highway 286 (Relocated) to the South end of the Gollihar Street Interchange ; 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 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 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. 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 13 hereby dispensed with and the same shall be in full force and effect from and after its passage. PASSED AND APPROVED, this the 18 Day of JUNE , 196 9 ATTEST: City Sec e APPROVED /u DAY or 196_: City Atto -2- THE CITY OF CORPUS CHRISTI, TEXAS A ME T FOR CO+QS'TRUCTION, MAINTENANCE AND OPERATION OP STREET I% ANEWAATION SYST! 1 WITHIN IWNWUALITY am, or 'TEXAS COUNTY OF NIECES This agreement made this day of . 19 by and between the State of Texae, hereinafter referred to as the "State ", party of the firet pare, and the City of Corpus Christi. Nuecee County, Texas, acting by and through its duly euthorieed officer„ under an ordinance pinged the day of , 19 hereinafter called the "City ". party of the aecond - part, - -- WITNE88ET11 WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of the street illumination ayetem - for the State Highway 359 Interchange with coronations along State Highway 286 (Relocated) to the south end of Collibar Street Interchange, and herein after referred to -as the "Street tilumiriation System ", and WUEREAS, "the State Highway Engineer, acting for and is behalf of the State Highway Comm/asion, bee 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 Hill 415. Acts 46th Legislature, Regular Session, will enter into an agreement with the State for the purpose of determining the reaponnibilities of the parties with reference thereto: .AGREEMENT- __NOV THEREFORE, in consideration of the premisea and of the mutual coue..anta and agreements of the parties hereto to be by them respectively kept and per - formed as hereinafter set forth. it is agreed es folloae: L. Protect nethorientloq It is understood and agreed batwcan the pities hereto that the City by - virtue of the provisions of its charter and the laws of the State of Texas ham exclusive control of and ,jurisdiction over streets and public ways within the incorporated limits of such City, and that•the City bas 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 war's does so at the special instance and requeet of the City. The section of highway and city streeto covered by this agreement 1e a part of State Highway 358 and 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 earns abutting property and adjacent areas. Entrance and exit ramps connect the FPraeway.ianes with the Frontage streets. The atreet 311umenatlon system to be constructed in accordance with the terms of this agreement shall provide for illumination of the Freeway canes in -- cluding, entrance and exit ramps and other Freeway traffic interchange installations. The joint reaponnibilitiea of.the City'and State for the construction, mainte- nance and operation of thin street illumination system will ba in accordance with the following previsions. 2. Conntruor_ion Reanonsehilitles The States 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 an required by said plans. As the project is developed to the construction stage, either as a unit or incretaente, the State will submit plans of the proposed work to tha City and will secure the City's consent to construct the facility according to such plans prior to awarding a contract. The cost of the preliminary engineer- ing performed by the State'o employoee in preparing plans and specifications. ad- vertieing 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 super - vioing the construction work required by the plans and specifications will be - shared by the State and the City, with one=halE the coat borne by the City and one - half borne by the State. It is agreed by both parties hereto that the Street illumination eyatem shall bo designed as a combined system employing both conventional and flood lighting luminaires, and shall be designed to incorporate the latest Teras Highway Department reccumendatien©. Final approval of the amount and extent of illumination shall ba evidenced by the approval of both parties of the construction plans. - The State will furnish and install at its sole =pence all necameary conduits located through or underneath the roedway,and internal conduits on or -2- within struntures which cannot be placed without damage after completion of the highway and street construction. All other costa of constructing the street illumination eyaten, such as additional conduite, lamps standards, mast area, reflector units, lamps, bowls, electrical conductors, wiring, etc, will be finalized an a cooperative basis, and one -half the cost of such.conetruction wi11'be borne by the City and one -half by the Stets. Prior to such time es it is the desire of- the'Clty and the State :to recaive bids for the construction of the street illumination agate* covered.by this agreement. a separate agreement wilLbe made to cover the financing of each specific project. 3. Mainte_nano- and 9perstion *eeponsibil ties The City hereby agrees at itsespenee to furnish the electric energy re.. quired for proper operation of the street illumination apnea,. such electric energy to be provided at points on the street illumination system as designated ',by, de, State. The'Ci,ty 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 coot of, the electric energy used by the street illumination, system and 50Z. of the coat of the worn performed' in, maintaining and operating the ;treat 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 enemy rates, and maintenance and operation coats and'proredures (a) It being the City's desire that the local power agency perform all functions required for proper aa.ntenauce and operation of the atremt iiluceinatien systen, it ie 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 fie energy rates and set forth the Wad= requirements for maintenance and operation of the street illumination system, and further establish the basis for the coat of these services. A copy of this con- tract as executed betveen_the City and power agency, and as approved by the State, shall be attached to this agreement and made a pact hereof in e11'respecte. As a governing oon- traet with the power agency is terminated and replaced by subsequent contracts, such subsequent contracts shall be subject to these provision; 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 requaeta for payment shah be in accordance ' -3- a,. with forms prescribed by the State end shall be submitted at not lase than monthly intervals. The City will assume maintenance and operation on a date to correapand with•the date conatruction,of the street illumination system Is completed and • accepted by the State. If the illumination system is constructed by Elections this provision shall apply to each such separately constructed section. This Election of thin agreement, Section 3 headed "Maintenance and Operation - Responaibilities ", in respect to -the City's responsibility for maintaining and operating the 'treat illumination- systeate and -the State's responsibility for 5D7 participation in the coet-thereof shall remain in force from date'that mainte- nance and operation responsibilities era firet assumed by the City At any time after twe (2) years, this section of the agreement may be revised by mutual agree- ment between the parties. It is understood that ail other provision of this ' agreement shall remain is 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 syataa with power stations. It is understood that the State ahatl participate in the maintenanca'end 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 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 eat 'independently of the other to Bell, donate. or by any other means to relinquish its prorate ownership interest. or eny part thereof, to any third party, Unless eatabliehed by subsequent agree- ment, approved by both parties, neither tbe'City nor the State shall have -the right -to remove or relocate any part or the street illumination system except es necessary to accomplish replace:Sent of unserviceable equipment in conforming with Specification requirements of original installation. 5. Intent of partiea 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 shell never be the baele -of any claim for State assumption, or participation in the payment, of any of the obligations or the City incurred in the improvement, pant or present, of any street project., e4- 3i 'Fii$IEail C'a the panic. ba've hereunto effized this 'etgnetnrse. the• City of Catpna -Ghtf.tt'e4= the:M,; day ei',= i '196,�,,�► eiti Cb. $tste . t y Deigivatiot . oP =Ix .City 'Secretary - • - - City Heaegey City ri►ey , . *CM.'80% zits To flare zoo - - "Certified as baring..zac►tad' foE the ruraa.e ,and effect of, isotivating end/ -^ os-cetsgjn eit thaatdetei.eetebli.hed', ',Wales, rn'vask programa ,beiretatbre ri 1pprGvea end iuttosed,s7'th. -grate y Cordaietioa s r - • - - - - : - M t ; State gtghvay s t., ... etaag :,,rdent login Let at • ;COO Englaeev of Uighway Vertgn PROJECT 9 AMENDMENT TO FREEWAY LtCRUWG( OPERATION AND MAINTENANCE AGREEMENT OF NOVEMBER 12, 1958 Thie aupplemantal agreement shall constitute an amendment to that certain "FREEWAY LIGHTING, OPERATION AND MAINTENANCE AGRE ENT" (hereinafter referred to as the "Agreement ") entered into and executed as of the 12th day of November, 1958, between and by the City of Corpus Christi (hereinafter referred to ai the "City ") and the Central Power and Light Company (hereinafter referred to as the "Camps"); W7ITRCSSFIH WHEREAS, the City iv responsible for the operation and maintenance of a Free- way Lighting System in the City of Corpus Christi on State Highway 358 for the State Highway 358 Interchange with connections along State Highway 286 (relocated) to the eouth end of the Collihar Street Interchange; which system is shown on the drawing marked Exhibit "A" attached hereto and made a part hereof, and which system shall, for the purpose of the agreement as amended, be known as Project No 9, which Project No. 9 consists of twenty (20) all being twenty thousand (20,000) lumen 400 W mercury vapor lamps at forty foot (40 ft) mounting height on steel standards, thirty at (36) all being fifty three thousand (53,000) Lumen 1000 W mercury vapor lamps at fifty foot (50 Et) mounting height on Steel standards, forty (40) all being fifty three thousand (53,000) lumen 1000 W mercury vapor lamps mounted ten (10) to the pole on four (4) one hundred and fifty foot (150 ft) eteel poles, sixteen (16) all being 100 W obstruction lights mounted four (4) to the pole on four (4) one hundred and fifty foot (150 ft) steel poles, and nine (9) all being ten thousand (10,000) lumen 250 W mercury vapor lamps mounted on bridge cap walls in eaid project No, 9, and; WHEREAS, the Company agrees to provide electric service and maintain the above described ten thousand (10,000) lumen mercury vapor lamp at a rate of $2.50 per fixture per month upon the terms and conditions of the original contract, and; WHEREAS, the Company agrees to provide electric service and maintain the above described fifty three thousand (53,000) lumen mercury vapor lamp mounted at f.:0 feat at a rate of ,*4.00 per fixture per month upon the terme and conditions of the original contract. - WHEREAS, the Company agrees to provide electric service and maintain the above described fifty three thousand (53,000) lumen mercury vapor lamp, which can ba lowered to base of the 150 foot pole for maintenance, at a rate of $4.00 per fixture per - month upon the terms and conditions of the original contract. Y r "the, Company egress to'pirovide,;eLectsio service - tethe above-- described 100 V obstruction fight et en toasting 9iisels6'rate gRLt1A Der;li.W.A., and to mein* _ twin the 100 W limps, vbich can be levered -to bane_of'rots, aE eotnel.SeP.lecemeot coat vhiah oil/ be considered re :ebeve itormei'etLatanaucScost. ..,4'., n' tato- TWO3NalS. this seppleeuatal eptortee d sisal boo: swan an emendttant :to the - armament- end Projective. 9 -shall Etao,t las detis.toreof be opesated,:.under tad - agreement se though odginellq inclufl d -se'e pert thereat but "tha: agraesant_ as 'minded shell not be atherkiee effected burgh-3N w !UMW O1' , the' Catgut L i s- iutd,Light Company boo canoed these , praeente,to be signed, in its name by its eutlr tieed officer, and -to be attested by its.eeoretesl, and ,the City look-caused thine presents ,to be signal by'' the City .$Singer of the City of Carpus - Christi and attested by its City Sectrstary Be of day of -' ' - " * .. r - Bent Att86T't City Osozetety ...... DAY OF + 194_t City AttOtaey A[fp LiOgII exam Vtce 1'reeident ' 01" CO98OS Celt= NUNICIFAL ORDINANCE (Construction, Maintenance and Operation of Street Illumination System) AN ORDINANCE AUTHORIZING THE CITQ MANAGER TO EXECUTE AND THE CITY SECRETARY TO AFFIL THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT RETWEEN THE CITY AND THE STATE OF TEXAS FORTH! PURPOSE OF DETERMINING THE JOINT RESPONSIBILITIES OF THE CITY AND THE STATE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATIC/0 OF THE STREET ILLUMINATION SYSTEM FOR THE STATE HIGHWAY 35S INTERCHANGE WITH CONNECTIQIS MONO STATE SIGH ZAH 2OG (RELOCATED) TO THE SOUTH END OF THE COLLMHAR STREET INTERCHANGE IN THE ITY C OF CORPUS CHRISTI; AND DECLARING AN`RGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, it le the desire of the City that a street illuminstioa system be constructed, operated and maintained for the State Highway 358 Interchange with connections along State Highway 286 (Relocated) to the South and of the Gollihar Street Interchange and WHEREAS. the State Highway Engineer, acting for and in behalf of the State Highway Commieaion, 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, Acta 46th Legislature, Regular Session, will enter into en agreement with the State for determining the responaibilitiee of the parties with reference thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF CORPUS CHRISTI, TESASI, 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 conatruoted, operated end maintained. SECTION 2.' That the City Manager be and he is hereby authorised to execute for end 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 ie hereby directed to attest the agreement and contract and to affix the proper seal of the City thereto. 9397 -l• The Mayer having. vequeited in writing. that_ -this Ordinate' e�•- take effect forthwith and there being in fact_ an, emergancy and. imperativa=• . neceaeity that the aark herein provided for be began, an retrial ouv promptly and 'with erpegitien end -that the'conttract eforeseid ahell, be t edietely trade,_ executed', end delivered tQ the _end that ouch-work he rein provided #'oa may be - begun sad carnal out p*amptly. and, with_ expedition. The reading-of the aril., cadre' on three several days. if hereby diapenaed with .end the eball 1re'£ - fell force end effect from red "after -its pessage, 'Asap AR APTIOV11/# this the = Corpus Christi, Texas /J t day of TO THE $9EMBERS 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- sin of the arr rule or finally on the date eitiismintroduced and ithat esuch ordinance or all resolution shall be read at three meetings of the City Council; I, therefore, requet that nancesfinallyyon the date sitdish introduced, oor requirement i ou suspend at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS , 1969 The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. U. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel / W. J. "Wrangler" Roberts Ronnie Sizemore / The above ordinance was passed by the following vote: Jack R. Blackmon -) Gabe Lozano, Sr. (1' r V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore ctie cife,, ------------ do J, oi%�;nt iry pAmp 6 0 590 -- - -S 5 7 -7 pa �5 Ian Or. r All X i r � 1_ _ P� y ci -I I 1 C 11 1 -1 ce .0 4_ 4 Ik s. 5 11<1 13 1 1-1. 37— a— TEXAS HIGHWAY. DEBA►RTMENT EXHIBIT -A SHOWING LIGHTING SYSTEM. FOR STATE HIGHWAY'358 INTERCHANGE WITH CONNECTIONS ALONG STATE LEGEND HIGHWAY 286 TO SOUTH END OF GOLLIHAR A STREET INTERCHNGE 9 WALLMOUNTS (9 - 25OW LAMPS) CITY OF CORPUS CHRISTI 4-150'TEN LIGHT.(40-IOOOW LAMPS)(16-100.W LAMPS) -NUECES COUNTY SCALE: I' 200' 17-50' DOUBLE -= L[GHT(34-IOOOW LAMPS) 2 -50'SINGLE LIGHT (2-1000W LAMPS) DATE: MAY 27, 1969 , 6-40' DOUBLE LIGHT (12-40OW LAMPS) 0---- 8 -40' SINGLE LIGHT(8,-400'W LAMPS) PPERVISING �EMDENT ENGINEER V\/A T P A KII I PQ OR D - 9 57 FED. RD STATE (D FEQERAL PROIECT NO. SHEET Div. No. NO. 6 TEXAS U 1113(24) STATE -COUNTY ONT. SECT. jQB GHWAY DIST. NO No 16 NUECEq A17, 1, 36 �R W A