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Home My WebLink About14825 ORD - 03/07/1979 (2)• jkh:3-'2-79;Ist AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS CONCERNING THE INSTALLATION, MAINTENANCE AND OPERATION OF A TEMPORARY SAFETY LIGHTING SYSTEM FOR THE CITY OF CORPUS CHRISTI ON THE ROUTES OF INTERSTATE HIGHWAY 37 WITH ITS INTERSECTION OF STATE HIGHWAY 77 NEAR CALALLEN ON STATE HIGHWAY 358 AT APPROXI- MATELY STATION 775+00, AND ON STATE HIGHWAY 44 FROM STATE HIGHWAY 358 TO F.M. 763, AS MORE FULLY SET FORTH IN THE SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 is hereby authorized to execute an agreement with the State of Texas concerning the installation, maintenance and operation of a temporary safety lighting system for the City of Corpus Christi on the routes of Interstate Highway 37 with its intersection of State Highway 77 near Calallen,on State Highway 358 at approximately Station 775+00, and on State Highway 44 from State Highway 358 to F.M. 763, all as more fully set forth in the said agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit SECTION 2. The necessity to immediately authorize the City Manager to execute the aforesaid agreement with the State of Texas in order that safety lighting may be provided to protect the traveling public using the aforesaid streets creates a public emergency and an imperative public neces- sity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such public emergency and necessity exist, having requested the suspension of the said 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 7.t52.,day of, arch, 1979. ATTEST: /re-, ity Secretary APPROVED: G42.44 4 I9 E1P J. BRUCE YC CK CITY RTrORN By Assistant Ci % orney 148 MAYOR THE CITY OF CHRISTI, TEXAS r r AGREEMENT FOR INSTALLATION, MAINTENANCE AND OPERATION OF TEMPORARY SAFETY LIGHTING SYSTEM WITHIN MUNICIPALITY STATE OF TEXAS I COUNTY OF NDECES x • This agreement made this day of March , 1979, 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 1979, hereinafter called the "City", party of the second part. WITNESSETH WHEREAS, there exists temporary safety lighting on the route of Interstate Highway 37 with its intersection of State Highway 77 near Calallen (Exhibit A), and State Highway 358 at approximately station 775+00 (Exhibit B), and the City has re- quested the State to contribute financial aid for the installation of temporary safety lighting on State Highway 44 from State Highway 358 to F.M. 763 (Exhibit C) and WHEREAS, the State Engineer -Director acting for and on behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State will reimburse the City for the City's cost of installation, maintenance and operation of said system, subject to the conditions and provisions stated herein, as provided for in Highway Commission Minute Order No. 61624. AGREEMENT 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: 1-5 (x/' '1 r • A. Project Authorization The City has requested and consented to the installation, maintenance and operation of the safety lighting system as is more clearly defined on Exhibits A, B, and C; and the State in financing the installation, operation and mainte- nance work, does so at the special instance and request of the City. B. Installation Responsibilities The City hereby agrees to either directly or indirectly, through the City's authorized agent, install those temporary safety lights on State Highway 44, from State Highway 358 to F.M. 763 and more clearly described on Exhibit C attached. All costs of installing the temporary safety lighting system including such items as conduits (if applicable), lamp standards, mast arms, reflector unite, lamps, bowls, electrical conductors, wiring, etc., will be borne by the State. C. Maintenance & Operation Responsibilities The State hereby agrees to reimburse the City for the cost incurred by the City in maintaining and operating the temporary safety lighting system. The City hereby agrees to, either directly or indirectly through the City's authorized agent, operate the temporary 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 respon- sibility 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 temporary 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 mainte- nance and operation of the temporary safety lighting system, and further establish the basis for the cost of these services. A copy of this contract as executed 2-5 • • 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 herein above defined based upon a pre -determined per lamp monthly electric service rate more clearly described as follows: 20,000 Lumen Luminaire:Mercury Vapor @ $ 3.52/Month This charge includes cost for electrical energy used by the temporary 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 assemblises 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. 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 a:3 submitted by the City to the District Engineer of the State Department of Highways S Public Transportation 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 3-5 • • J 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 Department of Highways & Public Transportation of thisrecord 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 temporary 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 temporary 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 temporary safety lighting system to include any area other than the intersections and/or interchanges herein noted, this agreement is automatically cancelled 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 temporary 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 cancelled 30 days following written notice of the desire for cancellation filed by either party. 4-5 • • It is understood that the location of all parts of the temporary 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 respon- sibility therefor. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Corpus Christi, Texas, on the day of March , 1979, and the State Department of Highways & Public Transportation on the day of , 1979. ATTEST City Secretary APPROVED AS TO LEGAL FORK THIS THE DAY OF March , 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Asst.City Attorney Director of Finance CITY of CORPUS CHRISTI By R. Marvin Townsend City Manager (Title of Signing Official) THE STATE OF TEXAS Certified as being exeucted 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 and Public Transportation Commission. BY Assistant State Engineer -Director APPROVAL RECOMMENDED: District Engineer Chief Engineer of Highway Design 5-5 Chief Engineer of Maintenance Operations • • Corpus Christi, Texas 7 day of / 244po L , 1977 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF 'i RP = CHRISTI, TEXAS The Charter rule was suspended by he foil OIL Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample ng vote: The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt • Tony Juarez, Jr. Edward L. Sample 14825 Bey," fl, vi ,g r/ 80. Can/ 6/7-/-60 &ls 760. 75z' f3ry u-lu1 /iB) Can/ 6/7-1-a5 S» 74A7 • 79- E><IST14G SOJTN MIST MG --- -"-- - G.-3 A _1 6 UTr s'urr CVN 2/7.0 /40' 75 S. BELL -1- LE.pDNE (BURIED CAJ3LEl CWPC -;o = cam -2 til ii, 1111 7 oarEw (aB ohEGl —( -R _ 1-1 t:d.'E:1 �117.7L...aro A— BEWER [hay /2 EA BELL 'ELE?<:1,.£ / // L a.34.na Cc.. CVC-, ! 6.27-2 r i EXHIBIT 5