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HomeMy WebLinkAbout18878 ORD - 06/11/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF AN EXPRESSWAY ILLUMINATION SYSTEM ON SOUTH PADRE ISLAND DRIVE (S.H. 358) FROM EAST END OF PAUL JONES INTERCHANGE TO EAST END OF AIRLINE ROAD INTERCHANGE; APPROPRIATING $180,000; 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 agreements with the State Department of Highways and Public Transportation for the construction, maintenance, and operation of an Expressway Illumination System on South Padre Island Drive (S.H. 358) from east end of Paul Jones interchange to east end of Airline Road interchange, all as more fully set forth in the agreements, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and B. SECTION 2. That there is hereby appropriated $180,000 from the No. 220 Street Bond Fund. 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 of executing the abovementioned agreements 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 llth day of June, 1985. ATTEST: City Secretary MAY07 APPROVED: A05 DAY OF JUNE, 1985 odson, Assistant C11371tney 03P.003.01 4 THEAO Y" OF CORPUS CHRISTI, TEXAS 18878'MICROFILMED AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEMS WITHIN MUNICIPALITIES (502 - 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 first part, and the City of Corpus Christi , Nueces County, Texas, acting by and through its duly authorized officers under a resolution or ordinance passed the day of , 19 , here- inafter called the "City," party of the second part, is made to become effec- tive when fully executed by both parties. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of a continuous highway illumina- tion system on State Highway 358 within the City from east end of Paul Jones interchange to east end of Airline Road interchange, said illumination system hereinafter referred to as the "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 participate in the construction, maintenance, and opera- tion of said illumination system, subject to the conditions and provisions stated herein, as provided for in Highway Commission Minute Order No. 82420. 1-7 Form 1075 12-84 AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual cove- nants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONSTRUCTION RESPONSIBILITIES a. The State will prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise construction, reconstruction or better- ment work as required by said plans. As a project is developed to construc- tion state, either as a unit or in increments, the State will secure the City's approval of the construction plans for each increment or the unit prior to award of contract. The cost of the preliminary engineering performed by the State in preparing plans and specifications, advertising 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 supervising 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. b. All costs of constructing the illuminating system, including but not limited to such items as conduits, lamp standards, mast arms, reflector units, lamps, bowls, electrical conductors, 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. 2-7 Form 1075 12-84 • c. Prior to such time as it is the desire of the City and the State to receive bids for the construction of the illumination system covered by this Agreement, a separate agreement will be made to cover the financing of each specific project. 2. MAINTENANCE AND OPERATION RESPONSIBILITIES a. The City hereby agrees to furnish the electrical energy required for the proper operation of the illumination system, such electrical energy to be provided at points on the illumination system as designated by the State. The City further agrees to maintain and operate the illumination system in an efficient and sightly condition. b. The State hereby agrees to reimburse the City 50Z of the cost of electrical energy used by the illumination system, and 50% of the coat of maintaining and operating the illumination system. c. The City and State accept their respective responsibilities as herein above defined based upon the following understanding of conditions which shall govern in determining electrical energy rates, maintenance costs and opera- tional procedure: (1) The quantity of electrical energy used by the illumination sys- tem shall be determined by meters at each point of service. Alternately, when agreed upon by both parties, the amount of electrical energy for monthly billing purposes shall be deter- mined by multiplying the sum of the input wattages of the lumi- naires by 333 hours or other mutually agreeable operational hours. 3-7 Form 1075 12-84 • (2) The State's 50% participation in the electrical energy cost shall be based upon the minimum unit rates charged the City under the City's contract with the power agency for electrical energy requirements of the City. The City will furnish the State two copies of its existing contract with the power agency for electrical energy, and thereafter will furnish two copies of subsequent contracts as the existing or governing contract is terminated and new contracts are executed. (3) It being the City's desire that the local power agency perform all functions required for proper maintenance and operation of the illumination system, it is hereby agreed by both parties hereto that the City, subject to the approval of the State, exe- cute a contract with the local power agency, such contract to fix the minimum requirements for maintenance and operation of the illumination system, and further to fix the coat to the City for these services. A copy of this contract as executed between the City and the power agency, and as approved by the State, shall be attached to this Agreement and made a part hereof in all respects. As a governing contract with the power agency is terminated and replaced by subsequent contracts, such subsequent contract shall be subject to the provisions of this Agreement. d. As construction work on the illumination project as outline above is completed, its maintenance and operation is to be automatically assumed by the City in accordance with the terms of this Agreement on a date to correspond 4-7 Form 1025 12-84 • . • with the date of completion and acceptance of the project by the State. The City hereby agrees to furnish the electrical energy consumed by the system during the period of trial operation prior to acceptance by the State. Energy costs for trial operation shall be borne 50% by the City and 50% by the State. 3. PAYMENT a. All requests by the City for payment for electrical energy and main— tenance operations 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 sub— mitted at not less than monthly intervals. The City will maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this Agreement. When requested by the State, the City will permit and assist in an audit by an auditor of the State Department of Highways and Public Transportation of this record or any other records of the City which pertain to the costs of electrical energy and maintenance as covered by the terms of this Agreement. b. The State's financial obligation to the City for operation and main— tenance of the illumination system shall not exceed an annual cost of $30,000.00 . 4. GENERAL a. This Agreement insofar as it pertains to the maintenance and opera— tion of the illumination system shall remain in force for a period of two years from date of completion of the illumination project, and it is under - 5 -7 Form 1075 12-84 • • stood by both parties that at the end of this two year period the Agreement will be automatically renewed for two year periods thereafter unless modified by mutual agreement by both parties. This Agreement may be terminated sixty (60) days after the written notice by either party of a desire for cancella- tion. b. 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 undertood and agreed between the parties hereto that all obligations of the State and City as created herein shall terminate if and when the pro- ject is no longer the route of a State Highway. c. The 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 prorate ownership interest, or any part thereof, to any third party. Unless established by subsequent agreement, approved by both parties, neither the City nor the State shall have the right to remove or relocate any part of the illumination system except as necessary to accomplish replacement of unserviceable items as required in the normal maintenance and upkeep of the illumination system. Should the illumi- nation system become abandoned, antiquated, or no longer needed, the State and the City shall share equally the cost of.removing the illumination system and in any salvage value which it may have. 5. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harm- less the State, its agents or employees, from all suits, actions or claims and from all liability and damges for any and all injuries or damages sustained by 6-7 Form 1075 12-84 any person or property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. IN WITNESS WHEREOF, the parties have hereto affixed their signatures, the City of Corpus Christi on the day of , 1985, and the State on the day of , 1985. CITY OF CORPUS CHRISTI By: THE STATE OF TEXAS Edward A. Martin Certified as being executed for the purpose and effect of activating Title: City Manager and/or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway and ATTEST: Public Transportation Commission: Armando Chapa By: City Secretary Engineer -Director Date: APPROVED AS TO LEGAL FORM THIS THE day df--- , 1985 By: Asst. City Attorney RECOMMENDED By: Asst. City Manager AMENDMENT TO AGREEMENT OF JULY 19, 1982, FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY (50% - 50%) The purpose of this supplemental agreement is to provide for the contruc- tion, maintenance and operations of roadway illumination assemblies which shall be added to and become a part of the "Street Illumination System" described in the original agreement. This supplemental agreement shall become an amendment to the agreement and shall from the date hereof be operated under said agreement as though ori- ginally included as a part thereof, but the agreement as amended shall not be' otherwise affected hereby. • .. • any person or property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. IN WITNESS WHEREOF, the parties have hereto affixed their signatures, the City of Corpus Christi on the day of , 1985, and the State on the day of CITY OF CORPUS CHRISTI By: Edward A. Martin Title: City Manager ATTEST: Armando Chapa , 1985. THE STATE OF TEXAS 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: By: City Secretary Engineer -Director Date: APPROVED AS TO LEGAL FORM THIS THE By: day of , 1985 Asst. City Attorney RECOMMENDED By: Asst. City Manager CITY OF CORPUS CHRISTI, TOMS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 10, 1985 t ^ I certify to the City Council that $ 180,000 , the amount required fat:, the contract, agreement, obligation or expenditures contemplated in the aboc and foregoing ordinance is in the Treasury of the City of Corpus Christi. t Jthe ' credit of: Fund No. and Name Project No. No. 220 Street Bond Fund 220-85-1 Project Name State Highway 358 Roadway Illumination Flour Bluff to Airline Road. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 WW Revised 7/31/69 Lholfg- 19 FS' Corpus Christi, Te s dfiAL day of /� , 198r 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; I/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 MAYOR THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed.y the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 15878