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HomeMy WebLinkAbout19883 RES - 07/17/1987A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A CONTINUOUS HIGHWAY ILLUMINATION SYSTEM ALONG PADRE ISLAND DRIVE FROM EAST OF THE OSO BAY BRIDGES TO EAST OF LAGUNA SHORES ROAD. BE IT RESOLVED 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 a continuous highway illumination system along Padre Island Drive from east of the Oso Bay Bridges to east of Laguna Shores 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." ATTEST: Ci tySecretary MA R 1 THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: /t DAY OF HAL GEORGE, CITY ATTOR 06P.059.01 i 19883 MICROFILMED EXHIBIT "A" AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEMS WITHIN MUNICIPALITIES (50% - 50%) STATE OF TEXAS COUNTY OF TRAVIS 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 jts duly authorized officers under a resolution or ordi- nance passed the day of , 19 , 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 East of Oso Bay Bridges to East of Laguna Shores Road , 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. Form 1075 1-7 12-84 A 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 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 $ 6000.00 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 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 BY (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