HomeMy WebLinkAbout19650 ORD - 03/15/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE
CONSTRUCTION, MAINTENANCE, AND OPERATION OF AN EXPRESSWAY
ILLUMINATION SYSTEM ON PADRE ISLAND DRIVE (S.H. 358) FROM
EAST OF GREENWOOD DRIVE TO NORTH OF CAMRON ROAD;
APPROPRIATING $148,000; 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 an
agreement with the State Department of Highways and Public Transportation for
the construction, maintenance, and operation of an expressway illumination
system on Padre Island Drive (S.H. 358) from east of Greenwood Drive to north of
Camron Road, 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 $148,000 from the
No. 220 Street Bond Fund applicable to Project No. 220-87-2.1, Padre Island
Drive Lighting/West Point Road to Camron Road.
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 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 passqq and shall t ke ffect upon
first reading as an emergency measure this the S day of
19g'7 .
ATTEST:
AluAr—f'3 l�
City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: ff. DAY OF ei-4, , 19S7
HAL GEORGE, CITY ATTORNEY
r
03P.048.01
I.9sso MICROFILMED
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEMS WITHIN MUNICIPALITIES
(50% - 50%)
STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT dated day of , 1987, 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 a resolution
or ordinance passed the day of 1987, hereinafter
called the "City", party of the second part, is made to become
effective 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 illumination system on State Highway 358 within the City from
1000 feet east of Greenwood Road interchange to 1300 feet north of
Camron 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 operation 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 covenants 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, adver-
tise for bids, let the construction contract, or otherwise provide for the construc-
tion, and will supervise construction, reconstruction or betterment work as required
by said plans. As a project is developed to construction stage,
either as a unit or in increments, the State will secure the City's approval of the
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
ane -half the cost of such construction will be borne by the City and one-half by the
State.
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 of 7
4
Form 1075
12-84
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 50% of the cost of electrical
energy used by the illumination system, and 50% of the cost for 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 operational procedure:
(1) The quantity of electrical energy used by the illumination system 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 determined by multiplying the sum of
the input wattages of the luminaires by 333 hours or other mutually
agreeable operational hours.
(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.
3-7
Form 1075
12-84
(3) It being the City's desire that the local power agency perform all
functions required for proper maintenance and operation of the illumi-
nation system, it is hereby agreed by both parties hereto that the
City, subject to the approval of the State, execute 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 cost 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 ter-
minated and replaced by subsequent contracts, such subsequent contracts
shall be subject to the provisions of this Agreement.
d. As construction work on the illumination project as outlined 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 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 maintenance
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 accor-
dance with forms prescribed by the State and shall be submitted at not less than
4-7 Form 1075
12-84
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 maintenance
of the illumination system shall not exceed an annual cost of $5,000.00
4. GENERAL
a. This Agreement insofar as it pertains to the maintenance and operation 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 understood 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 cancellation.
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 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.
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
5-7
Form 1075
12-84
any other means to relinquish its prorata ownership interest, or any part thereof, to
any third party. Unless established by subsequent agreement, approved by both par-
ties, 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 illumina-
tion system. Should the illumination 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 harmless the
State, its agents or employees, from all suits, actions or claims and from all liabi-
lity and damages for any and all injuries or damages sustained by any person or pro-
perty in consequence of any neglect. in the performance, or failure of performance of
the City, its agents and employees under this Agreement,
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Form 1075
12-84
AMENDMENT TO
AGREEMENT OF JULY 19, 1982, FOR CONSTRUCTION, MAINTEANCE AND OPERATION
OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITY
(50% - 50%)
The purpose of this supplemental agreement is to provide for the
construction, 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
originally included as a part thereof, but the agreement as amended shall
not be otherwise affected hereby.
of
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, The City
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
APPROVED:
day of , 19_
Assistant City Attorney
BY
craig A. McDowell
City Manager
(Title of Signing Official)
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
programs heretofore approved and authorized by
the State Highway and Public Transportation
Commission:
- APPROVED:
By:
DATE:
Engineer -Director
7-7 Form 1075
12-84
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 9, 1987
I certify to the City Council that $ 148,000.00 , 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
Project No.
No. 220 Street Bond Fund
220-87-2.1
Project Name
Padre Island Drive Lighting/
West Point Road to Camron Road
from which it is proposed -to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
y
Revised 7/31/69
-H 14g 000.00
othilgy
V,
Direct::
Finance
Corpus Christi, Texas
544-1 day of , 1987
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,
OF
MAYO CI CORPUS
THE CHRISTI, TEXAS
Council Members
The above ordinance was passe by the following vote:
Luther Jones -
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
19650