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