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HomeMy WebLinkAbout05042 ORD - 05/21/1958MUNICIPAI;I,O�DINANCE (Construction, Maintenance and Operation of Street Illumination System) '�4W.ORDINANCEjAUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL A14D ATTEST THE SAME, A CERTAIN CONTRACT BET44EEK THE CITY APED THE STATE OF TEXAS FOR THE PURPOSE OF DETM aNING THE JOINT RESPONSIBILITIES OF THE CITY AND THE STATE FOR THE CONSTRUCTION, laINITENZICE AND OPERATION OF THE STREET ILLUMINATION SYSTA.1 ON THE CORPUS CHRISTI SHIP CHL7NEL BRIDGE AND ITS AP- PROACHES AND INTERCHANGES, FROM DAVIS STREET TO WACO STREET THE ROUTE OF HIGHWAYS NO. U. S. 181 AND STATE 9; AND DECLARING AN ENMRGENCY AND PROVIDING THAT THIS ORDINANCE SHALS., BE ET'FECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, it is the desire of the City that a street illumination system be con- structed, operated and maintained on the Corpus Christi Ship Channel Bridge and its approaches and interchanges from Davis Street to Waco Street, the route of Hi-ghways No. U. S. 181 and State 9; and WHEREAS, the State Highway Engineer, acting for and in behalf of the State High- way Commission, has made it known to the City that the State will assist the City by participating in the cost of 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 determining the responsibilities of the parties with reference there- to. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. That since the public convenience and safety of the City and the people of the City require it, said street illumination system shall be constructed, operated and maintained. SECTION 2. That the City Manager be and 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 11Exhibit 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 forthVrith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and ,dth 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 ?Pith expedition. The reading of the ordinance on three several days is hereby dispensed vrith and the same shall be in full force and effect from and after its passage. - 1Solf� PASSED AND APPROVED, THIS THE � ( DAY OF MAY, 1958. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRIfTAt . / APPROVED AS TO LEGAL FORM THIS THE 21ST DAY OF MAY, 1958: CITY ATTORN ."- AC iEkXNT FUR CONSTPJJCTICN, MAINTIWARCE ii,ND OP�A" TION OF STf"'Z, II.WHINATION SYSTF14 =JTHIN MUNICIPALITY STATE OF 'P X,6,;p COUNTY Of NUIXFS This agreement made this day of 2 19__., by and be- green the State of Texas, hereinafter referred to as the "State", party of the first pert, and the City of Corpus Christi, Nueces County, Texas, acting by and through its '.iuly authorized officers under an ordinance passed the day of 2 19 0,,,_, hereinafter called the "City", party of the second part. �i 1 7 N E 3 5 F T H �Fi7EA8, the City has requested the State to contribute financial aid in the construction, maintenance and operation of the street illumination system on The Corpus Christi Ship Channel Fridge and its approaches and interchanges, from Davis Street to iaco Street the route of Rigir4ays No. U. S. 141 and State 9, and hereln- after referred to as the "street illumination systems ", and sii �J 15, the State Higirway ear, acting for and in behalf of the State High- way Cornmfissian, 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, con- ditioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature, FegAar Session, will enter into an agreement with the State for the purpose of dsr teraining the responsibilities of the parties with reference theretot A G 2 E E K Z K T NO4 TrLi1 1111 tUHL, 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 here - inaftee set forth, it is agreed as followst 1. "re eqt a utho�riaatlon 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 con- trol of and jurisdiction over streets and public :mays within the incorporated limits of such City, and that the City has requested and consented to the construction, main- tonance and operation of the street illumination systeau, end the State in assisting in the construction, operation and maintenance work does so at the special instance and request of the City. The section of highway and city streets covered by this agreement, is designed as a Freeway as defined by House Hill No. 451, Clots 52nd Legislature, Regular Session. 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 dad adjacent areas. aatrance 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, maintenance and operation of this street Illumination system will be in accordance with the following provisions, 2. GgVMJWJ1M A A ti ey The State will prepare or provide for the plans and specifications, advertise for bids, and let the construction contract, or otherwise provide for the construction, and will supervise the construction, reconstruction or bettement work as required by said plans. As the project is developed to the construction stage, either as a unit or in inore.lenta, the State will secure the City's approval of the construction plans for each increment or the unit prior to award of contrast. The cost of the preliminary engineering performed by the State's employees in preparing plane and specifications, advertising for bids and letting of the construction contract will be borne by the State. The cost of the con�lt stun an@}i.ng performed by the State in supervising the construction ask requlrad by the ano and specifications will be shared by the State and the City, with cne -half the cost aorna by the city and one -half borne by the State. y It is agreed by both parties hereto that the street illur3mation system shall be designed to provide an average illumination of approximately 0.8 foot candle power on the pavement surfacei and that the type of illumination shall be determined by utilis- ing as a guide the current standard of the Illumination, Engineering Society. It is understood that the illumination,iutansity 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 amunt and extent of illumination shall be evidenced by the approval of both parties of the oon- struction plans. The State will furnish and install at its sole expense all necessary conduits lo- cated through or underneath the roadway, and internal conduits on or within structures which cannot be placed without damage after completion of the highway and street core - atructien,A1�7 other costs of conatr+Gting the street illumination system, such as ad- ditional con —Mis, lamp standards, mast arm e, reflector units, lamps, bckls, electrical conductors# wiring, etc* will be financed on a cooperative basis, and one -bwj p cost o€ such gonotrueti.on 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 sepa- rate agreement will be made to cover the financing of each specific project. -2- 3. tenance and Onoration Hesoonsibillities The City, here _,�s-at_ its exp ye, to fern, h_ the ealect,# energy required for Proper operation of the street illumination system, such electric seem to" be provided at points on the street illumination system as desi,�4iated by the State. „k4e City fur- ther agrees to maintain and operate the street illumination system in an eftld'36it and condition. The ataL e hereby_arees to reimbt}pae,the City in the mount of rj0% of tie cost of the electric enerL7 used by the street illumination system and W0 of the ,post of the work porformed in maintaining and operating the street illuminaTibF 4ys in an effiss- i-eot 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 w €oh shall tovern in determining electrical energy rates, and maintenance and operation costs and procedures (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, my execute a contract aith the local perer agency, such contract to fix energy rates and set forth the minimum requireaents for maintenance and operation of the street illumination system, and further establish the basis for the cost of these serviees. A copy of this Contract as oceouted between the City and the power agency, and as approval by the State, shall be attached to this agreement and made a part hereof in all respects. As a Uoverning contract 9rith 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 ,Ath the State's agreed participation shall be properly certified and submitted by the City tp the District f -ineer of the State Highway q+epartmmt at Corpus Christi, Texas. Such requests for payment shall be in accordance with forms prescribed by the State and shall be sub- mitted at not less than monthly intervals. The City wlll assume maintenance and operation on a date to correspond with the date construction of the street illumination systen 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 He- in respect to the City's responsibility for maintaining and operating the street illumination system and the State's responsibility for 50% partioipation in the cost thereof sh<1l remain in force for a period of trrq_y tom date that main- tenance and operation responsibilities are ed by the City, after which this section of t:,e agreement will be renewed or a new agreement executed covering these responsibilities. It is understood that all other provisions of this agreement shall -3- REMAIN IN FULL "RSE AND EFFECT. 4. Q N RA. IT 18 UNDERSTCO THAT THE STATE 1 S P 1 HAP141 AL PART I C IPAT 1 ON IN CONSTRUCTION, MAP" TENAMCE AND OPERATION WILL NOT CKTEND TO AND INCLUDE THE CONSTRUCTION AND MAINTENANCE OF ANY PRIMARY LINES AM INCIDENTAL EQUIPMENT NECESSARY TO ClMMECT INC FREEWAY ILLUMI- NATION SYSTEM WITH POWER STATIONS, IT IS UNDERSTOOD THAT THE STATE SHALL PARTIVIPATE IN THE MAINTCMANCC AND OPERATI.ON WORK ONLY AS LONG AD THE PROJECT IS THE ROUTE OP A STATE HIGHWAY, /HID IT 18 UNDERSTOOD AND AGREED SCTWKEM THE HARTIKG NERCTO THAT ALL GSLIOATIONS OF INC STATE Apt CITY AS CREATED HEREIN SHALL T[RNINATE IF AND WHEN THE PRD4$CY 10 NO LONER THE ROUTC Of A STATE HIGHWAY. THE STREET ILLUMINATION STMTEM SMALL Be JOINTLY OWHEO BY TNC CITY AMD STATE WITHOUT THE RIGHT OP RITMER PARTY TO ACT IMDKME NTLY OF THIS OTNER TO SELL, ROIIATCI OR BY ANY OTHER MEANS TO RELINSU /SH ITS PROIIATA OWIIERSNIP IRTtRESTI OR ANY PART THEREOF, TS ANY TH600 PARTY. UNLESS EOTAOLISNCO SE SUDSEWIENT AAR[M*T, APPROVED SY SOTS PARTICS, MCITHEN THE CITY NOR THE 'STATE SMALL NAVE INC NIGHT TO Remove OR RCLOCATC ANY PART OF THE STREET ILLUMINATION SYSTEM EXCEPT AS NECESSARY TO ACCOMPLISM REPLACEMENT OF UNSERYIEE+ ABLE ITEMS AS R901*64 IN INC NORMAL MAINTENANCE AM VPKCEP OF T111C ILLUMINATION SY /TEN. 5• Plfl ION NOTHING IN THIS AGREEMENT SHALL Be CON9TRUE0 TO PkA &K ANY LIABILITY ON THE CITY FOR PERSONAL INJURY ARISING OUT OF THE CONOTRUCTION OF THE STREET ILLUMINATION SYSTEM. NOTHING MEREIN CONTAINED SMALL Be CONSTRUED TO PLACE UPON INC STATE ANY MANNER OP LIABILITY FOR INJURY TO GR DEATH OF PCRSONS OR FOR SAMAGE -TO OR LOBO OF PROPERTY ARIS- ING OUT OF OR IN ANY KAMMER CONMECTLD WITH THE MA01ITCNAMCE, OPERATION OR USC OF THE STREET ILLUMINATION SYSTEM. IT IS FURTHER UNDERSTOOD AND AGREED SETWEEN THE PANTIES NEAETO THAT TNC STAYtrS PARTICIPATION IN THIS CONSTRUCTION, MAINTENANCE AM OPERATION OF THE STREET ILLUMINATION OYSTCN IS POP INC SOLO PURPOSE OF PROVIDING THE TRAVELLING PWIILIS A NONE AN"OAT4 TNAVCL FACILITY AND BHALL NEVER Be THE HASPS OF ANY CLAIM FOR STATE AS#UMPT1ON, OR PAR- TICIPATION IN THE PAYMENT, OP ANY OF THE U161 NATIONS OF INC CITY INCURRCO IN THE IN- "GVIIMENT, PAST OR PRESENT, OF ANY STREET PROJECT. IT IS UNDERSTOOD BETWEEN THE PARTIES THAT SHOULD INC CONSENT M400TIATIOM SCTWCCN THE TCIIAS CITY ATTORpCYSP ASSOCIATION AND TNC STATE HIGHWAY IIEPARTMiHT PRODUCE A DIF- FERENT INDEMNIFICATION PROVISION WHICH IS ASCKPTASLE TO BOTN PARTIES, SAID PROVISION SHALL BE ATTABNEO TO AND BECOME A PART OF TN €S AORCCMCMT IN L€EU OP INC ABOVE PAPPA- GRAONS RCLAT I VC TO I NDEIMI I F I CAT l all. -4- DJ 41TN':,;r w iti; l7pF, the parties have hereunto affixed their signatures, the City of Corpus Christi on the day of , 19 and the State Hitlhway Department on the day of , 19 ,,, . AT` i=s —5- CITY OF CORMS CHRISfT By City alter THE STWEE OF T Certified as being executed for the purpose and effect of activating anti or carrying out the orders, established policies, or work programs heretofore approved and authorised by the State Highway Commiaaiont BY State Highway Engineer APPROVAL R. DMIRI ULDs MOge';; sing Resident Fngineer District Fngineer Chief Engineer of Highway Design CO US CHRISTI, TEXAS - W , 1958 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF *HE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 4. COUNCIL; I, THEREFORE, HEREBY REQUEST, THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH �< W. J. ROBERTS C B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS r�TJ ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH CL' W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE ell X04 z.