HomeMy WebLinkAbout11243 ORD - 01/03/19730 JRR/Mc 1/2/73 1ST 0
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE STATE OF TEXAS CONCERNING THE CONSTRUCTION, MAINTEN-
ANCE AND OPERATION OF A ROADWAY ILLUMINATION SYSTEM FOR
THE GULF INTRACOASTAL WATERWAY BRIDGES AND APPROACHES TO
PARK ROAD 22, AS MORE FULLY SET FORTH IN THE SAID AGREEMENT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A "; APPROPRIATING $11+,000 FOR THE CITY'S
PORTION OF SUCH CONTRACT FROM THE 220 STREET BOND FUND;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE ISM HEREBY AUTHORIZED
TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS CONCERNING THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A ROADWAY ILLUMINATION SYSTEM FOR THE GULF INTRA-
COASTAL WATERWAY BRIDGES AND APPROACHES TO PARK ROAD 22, AS MORE FULLY SET
FORTH IN THE SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, !ND MARKED EXHIBIT "A ".
SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 220 STREET BOND
FUND THE SUM (IF $14,000, REPRESENTING THE CITY'S SHARE OF SUCH CONTRACT.
SECTION 3. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE CITY MANAGER
TO EXECUTE THE AFORESAID AGREEMENT AND TO APPROPRIATE THE HEREINABOVE DESCRIBED
FUNDS CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC 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 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
DAY OF JANUARY, 1973•
ATT 46
� O
CITY SECRE ARY MAYOR
THE CITY 6OFPUS CHRISTI, TEXAS
APPROVED:
-- j DAY 0 JANUARY, 1973:
CITY ATTO
•
•
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF ROADWAY 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 roadway illumination system for the
Gulf Intracoastal Waterway Bridge and approaches on Park Road 22, and hereinafter
referred to as the "Roadway Illumination System ", and
WHEREAS, the Ste.te 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 se.id roadway 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 witL 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 performed 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,
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maintenance and operation of the roadway illumination system, and the State in assit
ing in the construction, operation and maintenance work does so at the special instance
and request of the City.
The section of highway covered by this agreement is a part of Park Road 22. The
roadway illumination system to be constructed in accordance with the terms of this
agreement shall provide for illumination of the Gulf Intracoastal Waterway Bridge and
approaches. The joint responsibilities of the City and State for the construction,
maintenance and operation of this roadway illumination system will be in accordance
with the following provisions.
2. Construction Responsibilities
The State will prepare or provide for the plans and specifications, and add the
pertinent bid items to the present Intracoastal Waterway Bridge construction contract,
and will supervise the construction as required by said plans. 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. The cost of the preliminary engineering performed
by the State's employees in preparing plans and specifications 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 roadway illumination system 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.
11 All costs of constructing the roadway illumination system as a field change to
% the bridge construction conUact, such as illumination conduits located through or
underneath the roadway or bTrdge, and all illumination internal conduits on or within
concrete structures ereept those in the original construction plans, lamp standards,
mast arms, reflector units, lamps, bowls, electrical conductors, duct cable, wiring,.
etc. will be financed on a cooperative basis, and on,i -half the cost of such construction
will be borne by the City and one -half by the State.
Prior to such timR as it is the desire of the City and the State to construct
the roadway illuminaticn. system covered by this agreement, a separate agreement will
be made to cover the financing of this special project.
3. Maintenance and Operation Responsibilities
The City hereby agrees at its expense to furnish the electric energy required
for proper operation of the roadway illumination system, such electric energy to be
provided at points on the roadway illumination system as designated by the State.
The City further agrees to maintain and operate the roadway illumination system in
an efficient and sightly condition.
The State hereby agrees to reimburse the City in the amount of 507 of the cost
of the electric energy used by the roadway illumination system and 507, of the cost
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*the'
work performed in maintaining and operating the roadway illumination system
in an efficient and sightly condition.
The City and State accept their respective responsibilities in the maintenance
and operation of the roadway illumination system based upon the following understand-
ing 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 roadway 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 roadway 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 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 roadway illumination syste -a.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 heeded "Maintenance and Operation
Responsibilities ", in respect to the City's respo.sibility for maintaining and
operating the roadway illumination system and the _'tate's responsibility for 50%
participation in the cost thereof shall remain in force from date that maintenance
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 agreement between
the parties. It is understood that all other provisions of this agrement 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 roadway illumination system with power stations.
It is understood that the State shall participate in the maintenance and
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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 roadway 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 agreement, approved by both parties,
neither the City nor the State shall have the right to remove or relocate any part of
the roadway illumination system except as necessary to accomplish replacement of un-
serviceable equipment in conforming with specification requirements of original in-
stallation.
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 roadway 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 roadway project.
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 OF CORPUS CHRISTI
BY:
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF 19
o n _
Citty✓Afforney
v/" , 4
City Manager
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating and /or
carrying out the orders, established polices,
or work programs heretofore approved and
authorized by the State Highway Commission
under authorization of Minute Order No.60394:
BY:
Asst. State Highway Engineer
APPROVAL RECOMMENDED:
Resident Engineer
Distric� Engineer
Engineer, Secondary Roads
Chief Engineer of Maintenance Operations
1
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
December 29, 1972
I certify to the City Council that $ 14,000 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 220 Street Bond
Project No. 220 - 70-137
Project Name
Intracoastal Canal Bridge Illumination
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2 -55
Revised 7/31/69
O 19��
i
Dir ctor of i e
C,L--,p
V
CORPUS CHRISTI TEXAS
.3� DAY OF 19-7 3
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.
R ECT LLY,
O
MAYOR
THE CI OF CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
BONNIE S12EMORE
- - CHARLES A. BDNNIWELL
RoeERro Bosauez, M.D.
- REV. HAROLD T. BRANCH
. _ THOMAS V. GON2A LES
GABE L02AN0, $R.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE S12EMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUE2, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GON2ALES
GABE L02ANO, SR.
J. HOWARD STARK Q�„1