HomeMy WebLinkAbout17110 ORD - 07/07/1982jkh:7=2=82;lst
AN ORDINANCE
AUTHORIZING AN AGREEMENT WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION FOR EXPRESSWAY LIGHT-
ING ON THE SOUTH PADRE ISLAND DRIVE OSO BAY BRIDGES AND
APPROPRIATING $43,700 AS THE CITY'S SHARE; 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 Department of Highways and Public
Transportation for construction, operation and maintenance of expressway
lighting on the South Padre Island Drive Oso Bay Bridges, all as more fully
set forth in the agreement, a substantial copy of which is attached hereto
and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated the sum of $43,700
out of the No. 220 Street Bond Fund, applicable to Project No. 220-77-20.5,
Padre Island Drive Illumination System: Oso Bay Bridges.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
the immediate and efficient utilization of the City's resources which demands
the prompt attention of the Council, such finding of an emergency is made
and declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that
this ordinance is passed and shall take effect upon first reading as an
emergency m7easure this the day of July, 1982.
ATTEST:
C y Secretary
AuRquED:
Q.ONADAY OF JULY, 1982:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
17110
sEp 2 8 1984
AtAiliONLMEtl
AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION
OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY
(50% - 50%)
STATE OF TEXAS
COUNTY OF NUECES
This agreement dated 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
of the second part.
, 19 hereinafter called the "City," party
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 ramps on east side of Oso Bay Bridges to east end of Paul
Jones Interchange and hereinafter 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-
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 through traffic 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 Frontage streets under
bridges. In the event luminaires are added to this system under future con-
tracts, this agreement wil be modified by a supplementary agreement or super -
ceded 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 con-
struction, 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 cosi 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
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 Lhe 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 resonsibilities 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 nighways and 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 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'g resonsihility 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 CiLy 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 by 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 street project.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
The City of
on the
day of
, 19 and the
State Department of Highways and.Public Transportation on the
day of , 19 .
ATTEST:
CITY OF
By
(Title of Signing Official)
STATE OF TEXAS
Certified as being executed 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:
APPROVED:
By
Chief Engineer of Safety and
Maintenance Operations
Executed and approved for the State Highway
and Public Transportation Commission under
Authority of Commission Minute 78501 and
Administrative Order No.
APPROVAL RECOMMENDED:
District Engineer
-5-
Chief Engineer of Highway Design
CITY OF CORPUS CHRISTI, TEXAS.
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
July 7, 1982
I certify to the City Council that $ 43,700 , 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 No. 220 Street Bond Fund
Project No. 220-77-20.5
Project Name Padre Island Drive Illumination System:
Oso Bay Bridges
awl which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
A/
'‘ FIN 2-55
Revised 7/31/69
rby4,4,
%la 88
Corpus Christi, Texas
7 day of
, 1982
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it iS
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
The above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYOR
,t
THE CIT' OF CORPUS CHRISTI, TEXAS
passed by the following vote:
C)-414
CLAIR
17110
'
AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION '
OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY
(50% - 50%)
STATE OF TEXAS
COUNTY OF NUECES
This agreement dated 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
of the second part.
, 19 hereinafter called the "City," party
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 ramps on east side of Oso Bay Bridges to east end of Paul
Jones Interchange and hereinafter 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. Proiect 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 reqnest 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 through traffic 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 Frontage streets under
bridges. In the event luminaires are added to this system under future con-
tracts, this agreement wil be modified by a supplementary agreement or super -
ceded 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 con-
struction, 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.
14. 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
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 consteuction 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 tq 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
coat of the electric energy used by the street illumination system and SO% 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 resonsibilities 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 oE 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
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 nn 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 resonsibility 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 understoodandagreed 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 by 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 street project.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
The City of on the
day of
, 19 and the
State Department of Highways and' Public Transportation on the
day of , 19 .
ATTEST: CITY OF
By
(Title of Signing Official)
STATE OF TEXAS
Certified as being executed 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:
APPROVED:
By
Chief Engineer of Safety and
Maintenance Operations
Executed and approved for the State Highway
and Public Transportation Commission under
Authority of Commission Minute 78501 and
Administrative Order No.
APPROVAL RECOMMENDED:
District Engineer
-5-
Chief Engineer of Highway Design