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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: y eo retaryoC7 c C-,7 APPROVED: 2ND DAY OF APRIL, 1980 , J. BRUCE YCOCK, CITY ATTORNEY .CJ 1 i By Assistant C ttorney / 1 i MAY+' TH CITY OF CORPUS CHRISTI, TEXAS �� 15455 p v 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 -2- • 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 -3- 'S . • 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. -4- 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 • 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; 1 • 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 $3.53 per fixture per month, and; WHEREAS, the City will reimburse the Company: (1) for the cost of all labor at the prorated payroll costs and for equipment rental costs for the actual time spent in maintaining the High Pressure Sodium Vapor Lighting system, and (2) for the actual cost of the materials and parts used in maintaining the High Pressure Sodium Vapor lighting system. This maintenance includes: (a) Replacement of illumination assemblies that are damaged or destroyed. (b) Replacement of transformer stations or service poles and appurtenances that are damaged or destroyed. (c) Repairing or replacement of underground conductors (d) Luminaire glass breakage. (e) Replacement of obsolescent equipment for the lighting system. (f) Replacement of lamps and ballasts. NOW, THEREFORE, this supplemental agreement shall become an amendment to the agreement and Project 13 shall from the date hereof be operated under said agreement as though originally included as a part thereof but the agreement as amended shall not be otherwise affected hereby. IN TESTIMONY WHEREOF, the Central Power and Light Company has caused these presents to be signed in its name by its authorized officer, and to be attestsd by its Secretary, and the City has caused these presents to be signed by the City Manager of the City of Corpus Christi and attested by its City Secretary as of the _ day of , 19 • • ATTEST: CENTRAL POWER AND LIGHT COMPANY BY Secretary Vice -President • ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED AS TO LEGAL FORM THIS day of , 19 City Attorney BY CITY OF CORPUS C$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$