HomeMy WebLinkAbout020454 RES - 09/20/1988A RESOLUTION
AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR
THE CITY'S SHARE OF THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS FOR THE PLANNED STATE HIGHWAY 44
EXPRESSWAY LIGHTING SYSTEM FROM THE INTERCHANGE AT NO. PADRE
ISLAND DRIVE TO APPROXIMATELY 1.0 MILE EAST OF CLARKWOOD
ROAD; APPROPRIATING $190,000.
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
escrow agreement with the State Department of Highways and Public Transportation
for the City's share of the construction, operation, and maintenance costs for
the planned State Highway 44 expressway Lighting System from the Interchange at
No. Padre Island Drive to approximately 1.0 mile east of Clarkwood Road, all as
more fully set forth in the escrow agreement, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit A.
SECTION 2. There is hereby appropriated $190,000 from the No. 562
Street Bond Fund, of which $183,350.48 is for the escrow agreement, $2,000.00 is
for engineering, and $4,649.52 is for contingencies, applicable to Project
No. 562-601-601.92, State Highway 44 Lighting Improvements.
ATTEST:
City Secretary
APPROVED: /3 DAY OF
HAL GEORGE, CITY ATTORNEY
Assi taut City Attorney
207AG004.res
THE CITY OF CORPUS CHRISTI, TEXAS
20454MICROFILMED
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 its 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 Hwy. 44 within the City from SH 358 I/C to 1.0 mi. E. of
Clarkwood 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
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 $ 13,000.00
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
IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, The City
of Corpus Christi on the day of
, 19 and the State Department of Highways and
Public Transportation on the day of
19 •
ATTEST:
APPROVED: 3/ DAY OF
HAL GEORGE, CITY ATTORNEY
BMX--,4eA
Assistant
, 1988
y Attorney
CITY OF Corpus Christi, Texas
BY
Juan Garza, 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
September 13, 1988
I certify to the City Council that $ 190,000.00 , 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.
Project Narne
562 Street Bond Fund
562-601-601.92
State Highway 44 Lighting Improvements
from which it is proposed to be drawn, and such money is rot appropriated for any
other purpose.
190a
___797/Lr____
Di r of Fice
FIN 2-55
Revised 7/31/69
od
The above resolution
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.066.01
Corpus Christi, Texas
0241b day of
was passed
by
the following vote:
20454
, 198V