Loading...
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