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HomeMy WebLinkAbout10560 ORD - 11/17/197111'16- 71:JKH E TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, THE STATE OF TEXAS ACTING BY AND THROUGH ITS STATE HIGHWAY COMMISSION, FOR COSTS OF CONSTRUCTION INCLUDING CONTINGENCIES AND.CONSTRUCTIOIN ENGINEERING OF A STREET ILLUMINATION SYSTEM ON STATE HIGHWAY 358 FROM THE EAST END OF AIRLINE ROAD INTERCHANGE TO THE EAST END OF THE AYERS STREET INTERCHANGE IN THE CITY OF CORPUS CHRISTI; APPROPRIATING $76,700 OUT OF NO. 220 STREET BOND FUND FOR PROJECT NO. 220 -70 -105, SAID SUMS TO BE PLACED IN ESCROW FOR PAYMENT OF THE CITY'S SHARE OF THE COSTS OF CONSTRUCTION OF THE AFORESAID ILLUMINATION SYSTEM; AUTHORIZING THE CITY MANAGER TO DO SUCH THINGS AS MAY BE NECESSARY TO FACILITATE THE CITY'S PORTION OF THE CONSTRUCTION AND PAYMENT OF THE CITY'S SHARE OF THE PAYMENT OF COSTS OF THE SAID ILLUMINATION SYSTEM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, THE STATE OF TEXAS ACTING BY AND THROUGH ITS STATE HIGHWAY COMMISSION, FOR COSTS OF CONSTRUC- TION, INCLUDING CONTINGENCIES AND CONSTRUCTION ENGINEERING OF A STREET ILLUMINATION SYSTEM ON STATE HIGHWAY 358 FROM THE EAST END OF AIRLINE ROAD INTERCHANGE TO THE EAST END OF THE AYERS STREET INTERCHANGE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $76,700 OUT OF N0. 220 STREET BOND FUND FOR PROJECT NO. 220 -70 -105, SAID SUMS TO BE PLACED IN ESCROW FOR PAYMENT OF THE CITY'S SHARE OF'THE COSTS OF CONSTRUC- TION OF THE AFORESAID ILLUMINATION SYSTEM. SECTION 3. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO DO SUCH THINGS AS MAY BE NECESSARY TO FACILITATE THE CITY'S PORTION OF THE CONSTRUCTION AND PAYMENT OF THE CITY'S SHARE OF THE PAYMENT OF THE COSTS OF THE SAID ILLUMINATION SYSTEM. SECTION 4. THE NECESSITY TO APPROPRIATE THE FUNDS HEREINABOVE DESCRIBED AND TO AUTHORIZE THE NECESSARY EXECUTION OF SAID DOCUMENTS SET FORTH HEREINABOVE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC 10560 s. NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND TAKE EFFECT-AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /'7 7L--' DAY of NOVEMBER, 1971. ATTEST: l a t' CITY SECRe TA MAYOR THE CI'Y OF CO CHRISTI, TEXAS APPR VED: DAY OF NOVEMBER, 1371: �ITY ATTORNEY � CORPUS CHRISTI, TEXAS '71,,1 DAY OF 19 f/ 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 THC 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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. LY, / / e /% o THE CITY OF fkRPPS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOkLtXe VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL Al- ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK AGREEMENT 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 for State Highway 358 from the east end of the Airline Road Interchange to the east end of the Ayers Street Interchange, 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 358, Padre Island Drive Freeway. 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 in- cluding 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 cost 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 cost 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 - half borne by the State. It is agreed by both parties hereto that the street illumination system shall be designed as a combined system employing both conventional and flood lighting luminaires, and shall be designed to incorporate the latest Texas Highway Department recommendations. Final approval of the amount and extent of illumination shall be evidenced 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. All other costs of constructing the street illumination system, such as additional conduits, lamps 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 Responsibilities 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 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 - 3 - with forms prescribed by the State and shall be submitted at not less than 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 50% 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 prorata ownership 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 , 197 . and the State Highway Department on the day of 197 ATTEST: City Secretary APPROVED AS TO EGAL FO THIS _42;& DAY OF , 197/ rQity Attorney CITY OF CORPUS CHRISTI BY City Manager 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 Asst, State Highway Engineer APPROVAL RECOIMENDED: Supervising Resident Engineer District Engineer Chief Engineer of Highway Design \ -5-