HomeMy WebLinkAbout15455 ORD - 04/02/1980 (2)• •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION
AND AN AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY FOR
CITY PARTICIPATION IN THE ILLUMINATION OF SOUTH PADRE
ISLAND DRIVE FROM STATE HIGHWAY 286 TO THE AIRPORT DITCH,
COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBITS "A" AND "B",RESPECTIVELY; APPROPRIATING
$25,100 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO
PROJECT NO. 220-72-12.1, STREET ILLUMINATION SYSTEM, PADRE
ISLAND DRIVE; 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 authorized to execute an
agreement with the State Department of Highways and Public Transportation
and an agreement with the Central Power and Light Company for City participa-
tion in the illumination of South Padre Island Drive, from State Highway 286
to the Airport Ditch, a copy of each being attached hereto and made a part
hereof, marked, respectively, Exhibits "A" and "B".
SECTION 2. That there is hereby appropriated out of the No. 220
Street Bond Fund, the sum of $25,100 applicable to Project No. 220-72-12.1,
Street Illumination System, Padre Island Drive.
SECTION 3. The necessity to authorize execution of the aforesaid
agreements and to appropriate the necessary sums therefor at the ea'liest
practicable date creates a public emergency and an 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 but 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 2nd day
of April, 1980.
ATTEST:
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APPROVED:
2ND DAY OF APRIL, 1980
, J. BRUCE YCOCK, CITY ATTORNEY
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By
Assistant C
ttorney
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MAY+'
TH CITY OF CORPUS CHRISTI, TEXAS
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15455
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AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF STREET ILLUMINATION SYSTEM
WITHIN MUNICIPALITY
STATE OF TEXAS,
COUNTY OF NUECES
This agreement dated this day of , 19by
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.
WITNESSETH
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 west of S.H. 286 Interchange to 0.5 miles northwest
of Airport Ditch, and herein after referred to as the "Street Illumination
System", and
WHEREAS, the Engineer -Director, acting for and in behalf of the State
Highway and Public Transportation 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
provided for in Highway Commission Minute Order No. 61624, will enter into an
agreement with the State for the purpose of determining the responsibilities
of the parties with reference thereto:
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 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 throughtraffic 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 partial illumination of the
Freeway lanes including entrance and exit ramp gores and other Freeway traffic
interchange installations. In the event luminaires are added to this system
under future contracts, this agreement will be modified by a supplementary agree-
ment or superseded by a revised agreement. Supplementary or revised agreements
shall conform with the then current policies of the State Department of Highways
and. Public Transportation. 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. 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 to incorporate the latest Texas Department of Highways and Public
Transportation recommendations. Final approval of the amount and extent of illumi-
nation shall be evidenced by the approval of both parties of. the construction plans.
All costs of constructing the street illumination system as a portion of the
main highway and street construction contract, such as illumination conduits located
through or underneath the roadway, and all illumination internal conduits on or
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within concrete structures, lamp standards, mast arms, reflector units, lamps,
bowls, electrical conductors, duct cable, 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 required
for proper operation of the street illumination system including construction test
period, 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 oper-
ate 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 mainte-
nance and operation of the street illumination system based upon the following
understanding 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 street illumination system, it is
hereby agreed by both parties hereto that the City, sub-
ject 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 street 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 here-
of 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 Department of Highways and Public
Transportation at Corpus Christi, Texas. Such requests for
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payment shall be in accordance with forms prescribed by
the State and shall be submitted at not less than month-
ly 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 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 incurredin the improvement, past or present, of any street project.
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iii WITNESS THEREOF, the parties 1have hereunto affixed their si •
signatures
the city of Corpus Christi on the day of 19
and the State Department of Highways and Public Transportation on the
day of , 19
ATTEST:
CITY OF CORPUS CHRISTI
City Secretary By
City Manager
APPROVED AS TO LEGAL FORM THIS
DAY OF 19 THE STATE OF TEXAS
City Attorney
Certified as being executed for
the purpose and effect of activating
and/or carrying out the orders,
established policies, or work pro-
grams heretofore approved and
authorized by the State Highway and
Public Transportation Commission
under authorization of Minute
Order 70104.
BY:
Asst. State Highway Engineer
APPROVAL RECOMMENDED:
Supervising Resident Engineer
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Safety &
Maintenance Operations
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PROJECT 13
AMENDMENT TO
FREEWAY LIGHTING, OPERATION
AND MAINTENANCE AGREEMENT
OF NOVEMBER 12, 1958
This supplemental agreement shall constitute an amendment to that certain
"FREEWAY LIGHTING, OPERATION AND MAINTENANCE AGREEMENT" (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 as the
"City") and the Central Power and Light Company (hereinafter referred to as the
"Company"):
WITNESSETH
WHEREAS, the City is responsible for the operation and maintenance of a Freeway
Lighting System in the City of Corpus Christi on State Highway 358 from west of
S.H. 286 Interchange to 0.5 miles northwest of Airport Ditch; 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 13,
which Project 13 consists of six all being twenty five thousand lumen 250 W High
Pressure Sodium Vapor Luminaires at forty foot mounting height on steel standards,
twenty six all being fifty thousand lumen 400 W High Pressure Sodium Vapor Luminaires
at fifty foot mounting height on steel standards, and eight all being sixteen
thousand lumen 150 W High Pressure Sodium Vapor Luminaires mounted on bridge cap
walls in said Project 13, and removal of ten all being fifty three thousand lumen
1000.W Mercury Vapor Luminaires at fifty foot mounting height on steel standards
covered under previous agreement known as Project 9, and;
WHEREAS, the Company agrees to provide electric service to the above described
sixteen thousand lumen High Pressure Sodium Vapor Luminaires at a rate of $1.50 per
fixture per month, and;
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WHEREAS, the Company agrees to provide electric service to the above twenty-
five thousand lumen High Pressure Sodium Vapor Luminaires at a rate of $2.24
per fixture per month, and;
WHEREAS, the Company agrees to provide electric service to the above described
fifty thousand lumen High Pressure Sodium Vapor Luminaires mounted at fifty feet
at a rate of $3.53 per fixture per month, and;
WHEREAS, the City will reimburse the Company: (1) for the cost of all labor
at the prorated payroll costs and for equipment rental costs for the actual time
spent in maintaining the High Pressure Sodium Vapor Lighting system, and (2) for
the actual cost of the materials and parts used in maintaining the High Pressure
Sodium Vapor lighting system. This maintenance includes:
(a) Replacement of illumination assemblies that are damaged or destroyed.
(b) Replacement of transformer stations or service poles and appurtenances
that are damaged or destroyed.
(c) Repairing or replacement of underground conductors
(d) Luminaire glass breakage.
(e) Replacement of obsolescent equipment for the lighting system.
(f) Replacement of lamps and ballasts.
NOW, THEREFORE, this supplemental agreement shall become an amendment to the
agreement and Project 13 shall from the date hereof be operated under said agreement
as though originally included as a part thereof but the agreement as amended shall
not be otherwise affected hereby.
IN TESTIMONY WHEREOF, the Central Power and Light Company has caused these
presents to be signed in its name by its authorized officer, and to be attestsd by
its Secretary, and the City has caused these presents to be signed by the City
Manager of the City of Corpus Christi and attested by its City Secretary as of the
_ day of , 19
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ATTEST: CENTRAL POWER AND LIGHT COMPANY
BY
Secretary Vice -President
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ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED AS TO LEGAL FORM THIS
day of , 19
City Attorney
BY
CITY OF CORPUS C$RISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
April 1. 980
I certify to the City Council that $ 25,100 , 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 Fund
Project No. 220-72-12.1
Project Name Street Illumination System: Padre Island Drive
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
Corpus Christi, T as o
caw/ day of , 19 %
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,
MAYO
1
THE C OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passed by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
1545$