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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, 6-7 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