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Home My WebLink About18763 ORD - 03/26/19851.105.01 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY AND NUECES COUNTY FOR MAINTENANCE AND OPERATION OF THE TULE LAKE LIFT BRIDGE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1 That the City Manager is hereby authorized to execute a revised agreement with the Port of Corpus Christi Authority and Nueces County for maintenance and operation of the Tule Lake Lift Bridge, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit W. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an mergency due to the need of executing the abovementicned res sed agreement at the earliest practicable date, 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 measure this the 26th day of March, 1985. ATTEST Acting City t APPROVED. eCI N OF MARCO, 1985 0. BRUCE 881018, 1108 ATTORNEY By As 1/ tonne MAYOR THE CI OF CORPUS CHRISTI, TEXAS 18763 MICROFILMED AGREEMENT FOR SHAPING COST OF MAINTENANCE AND OPERATION OF TPR TULE LASE LIFT BRIDGE THIS AGREEMENT is made and entered into by and be- tween City of Corpus Christi, acting herein by its City Manager, hereunto duly authorized by action of its City Council (called "City"), County of Nueces, acting hereby by Its County Judge, hereunto duly authorized by order of its Commissioners Court (called "County"), and Port of Corpus Christi Authority of Nueces County, Texas, acting herein by its Cbairman, hereunto duly authorized by action of its Port Commissioners (called "Authority"). WITNESSETH: WHEREAS, the vertical lift bridge across the Tule Lake Channel at the Port of Corpus Christi ("The Bridge") is oumed by the City of Corpus Christi, and from the date of its construction has been operated by County under a cost sharing arrangement between City, County and Authority. and WHEREAS, City, County and Authority are desirous of continuing to provide vehicular traffic from Corpus Christi Beach to the nest side of Corpus Christi and to provide vehicular and rail service to the Port of Corpus Christi across The Bridge with a change in the proportion of cost sharing. NOW, THEREFORE, the parties hereto mutually cove- nant and agree, to and with each other, as follows (1) The cost of maintenance and operation of The Bridge and all uninsured losses relating to The midge for the calendar years 1985, 1986, and 1987, shall be shared Twenty -Five percent (252) by City, Twenty -Five percent (25%) by County, and Fifty percent (50%) by Authority The costs of maintenance and operation shall include an amount equal to Ten percent (10Z) of the annual cost of maintenance and operation (but excluding uninsured losses) for administration and overhead costs incurred by County as Operator. In addition to the Ten percent (10Z) charge for administration and overhead, the cost to be shared annually In the foregoing proportions shall include Fifteen percent (15Z) of the cost of maintenance and operation (ex- cluding uninsured losses) to be paid to and held by County in a sinking fund, Invested at Interest, for future main- tenance (2) County shall be the operating agency of The Bridge and will have control of all operating and mainten- ance personnel County will investigate all claims for damages and make collections of all claims for damages to The Bradge. (3) County, as the operating agency, will dis— burse all funds necessary for the operation and mainten- ance of The Bridge, Including all Insurance premiums. As a part of the operation and maintenance costs, County shall provide. (1) Workmen's compensation insurance for all employees assigned to the operation and maintenance of The Bridge, except employees of Independent contractors, if any, who contract to perform maintenance and repair work on The Bridge. (2) Liability Insurance, in form and amount acceptable to the Management Committee hereinafter men- tdoned, Insuring CIty, County and Authority as to lda- 'malty for Injury and death to persons and for damage to property resultung from the operation and maanten- ance of The BrIdge The cost of all such Insurance shall be charged to the operation and maintenance costs to be shared as above set out. 110. All risk property Insurance protecting agadnst all rusks of physical loss to the structure shall be con- tInuously provided by the County In an amount not less than that whIch Is reassured for full replacement of the structure The cost of such coverage shall be a part of the operations and maintenance cost set out above. Any loss covered but subject to deductible shall result In the deductible being considered a part of the maInten- ance and operations cost of The Bridge and shall be charged to each party as set forth above. The amounts pard by CIty for physical loss and damage Insurance and for electrical power shall be con- sIdered a portion of the costs of operation and maInten- ance and shall constitute a credIt agadnst the City's share of such costs. IV. (1) An Engineering Advisory Committee consist - Ing of the County Engineer, the City Engdneer, and Author- 10yDdrector of Engineering Services is hereby created This Committee shall serve in a supervisory capacity over the operation of The Bridge and shall establish regulations for its operatIon, subject to approval by the governung bodies of City, County and Authority Thos Committee shall meet once each year, during or near the first week of Day. on The Bridge and shall make a thorough inspection 0 determine what maintenance is required The Committee shall prepare a program of maintenance for the next twelve (12) months, with projected costs for each major item of work and a schedule for accomplishment of require- ments, Including a determination as to the responsibility for the preparation of plans and specifications for parti- cular segments of the programmed work The members of the Engineering Advisory Committee shall estimate the costs incident to the maintenance and operation of The Bridge and shall prepare a proposed budget which shall be presented for approval to the Manage- ment Committee hereinafter mentioned (2) A Management Committee is hereby created consisting of the County Judge, or his designated repre- sentative, the City Manager and the Diecutive Director of Authority. This committee shall have responsibility for approving maintenance and operating programs and bud- get for submission to the governing bodies of the three agencies Involved. When the Engineering Advisory Committee has prepared its proposed program of operation and main- tenance and budget, its members shall meet with the Manage- ment Committee and submit its said program Upon approval by the Management Committee, the members thereof shall pre- sent the budget to the governing bodies of their respec- tive agencies for approval. (3) When a budget is approved by the governing bodies of each of the agencies, each agency shall make appropriations as part of their respective current budgets City and Authority shall cause their shares of the fund for operatonand maintenance of The Bridge to be paid to the County as the operating agency. V This agreement shall inure to the benefit of, and be binding upon, the poroses hereto and their suc- cessors in interest for a term of three (3) years nuts]. December 31, 1987, and thereafter from year to year un- less wrstten notsce is given to the other parties ninety (90) days or more prior to the date of expIratIon of the term of this contract, in which event the parties agree to convene and to review the agreement for reapproval or modification as the parties deem proper. VI. The cables on The Bridge are In need of replace- ment. Authority has taken bids for purchase of the cables themselves and, with approval of Cltv and County, has awarded the bid. The cost of cables and cost of their InstallatIon and other repair and refurbIshing now planned 0111 be shared in the 50%, 25%, 251 shares as above set out. Authority and City agree that In such cost sharing County shall be allowed a credit in amount of EIghty-Four Thousand Dollars ($84,000 00) to cover its administration and overhead incurred In operating and maintaining The Sludge for the calendar years 1980-1983. IN WITNESS WHEREOF the partses hereto have exe- cuted this agreement in triplicate originals on this, the day of , 1985. CITY OF CORPUS CHRISTI Co.tSy Y an ger ATTEST City Secretary ATTEST CO * TY NURCES, By /a Du Col ty Ju PORT OF CORPUS CHRISTI AUTHORITY OF N`}}}�ECS COUNTY,,, TEXA / Ry - 'eIR'l�( . .AYH'! /phaarman, Port Commxssxon ��D A ecretary ATTEST APPROVED AS TO LEGAL FORM O rty Attorney, City of Carpus Christi County Attorney Nueces Caunty Attorney fo Chrfstr Author y of Nueces County, Texas t of Corpus Corpus Christi, ,„Z'u day of //IQ_ , 198,r— TO 98r TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the re set forth an the emergency clause of the foregoing ordinance or resolution, emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or solutions at three regular meetings, I/we, therefore, request that you suspend said Charter rule and pass a meeting of hresent resolution CitynCouncily on the date it is introduced, oratthe Respectfully, Respectfully, Council Members MAYOTHE ITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18763