HomeMy WebLinkAbout022210 ORD - 04/18/1995ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE AN AGREEMENT WITH THE STATE OF
TEXAS, ACTING THROUGH ITS TEXAS DEPARTMENT OF
TRANSPORTATION ("TXDOT"), FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF
A "HIGH MAST" CONTINUOUS LIGHTING SYSTEM ON
INTERSTATE 37 BETWEEN WACO STREET AND
LANTANA ROAD.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS.
SECTION 1. That the City Manager or his designee is authorized to execute an agreement
between with the State of Texas, acting through its Texas Department of Transportation ("TXDOT"),
for the construction, operation, and maintenance of a "high mast" continuous lighting system on
Interstate 37 between Waco Street and Lantana Road.
SECTION 2. A copy of the agreement is attached to this ordinance as Exhibit A.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
APPROVED: S_ DAY OF , 19 9:5—
JAMES
/S
JAMES R. BRAY JR., CITY ATTORNEY
By:
diaei rr
rchael L. Scanlon
Assistant City Attorney
MS5000056.bak
April 5, 1995 (1.50pm)
6
022210
ES
MICROFILMED
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEMS WITHIN MUNICIPALITIES
FREEWAY OR EXPRESSWAYS
(Specific Limits)
STATE OF TEXAS §
COUNTY OF TRAVIS §
This AGREEMENT dated this On day of Apfi , 19257,
5, by and
between the State of Texas, hereinafter referred to as the "State," party
of the first part, acting by and through the Texas Department of
Transportation, and the City of Corpus Christi , Nueces County,
Texas, acting by and through its duly authorized officers under an
ordinance or resolution passed the Lith day of 40 ,;1 , 19 95,
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 highway illumination
system on 11 37 irnm Tdnnn Crreur rn 7 antana girl -apt
in
accordance with Highway Commission Minute Order 82420. Within the City,
said illumination system hereinafter referred to as the "illumination
system" is to consist of continuous lighting to be built in sections as
financed and designated by the Texas Transportation Commission; and
WHEREAS, the Executive Director, acting for and in behalf of the
Texas Transportation Commission, has made it known to the City that the
State will construct said highway illumination system, conditioned that
the City, as provided in Highway Commission Minute Order No. 82420 and
Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate
said illumination system.
1 of 6 Form 1074SL
&4;617- 4
(p. tow
T
04-93
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, advertise for bids, let the construction contract, or
otherwise provide for the construction, and will supervise construction,
reconstruction or betterment work as required by said plans and
specifications. As a project is developed to construction stage, either
as a unit or in increments, the State will submit plans and
specifications of the proposed work to the City and will secure the
City's consent to construct the lighting system prior to awarding the
contract; said City consent to be signified by the signatures of duly
authorized City officers in the spaces provided on the title sheet of
plans containing the following notation:
"Attachment No. / 95 to special AGREEMENT FOR
CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS
HIGHWAY^/ ILLUMINATION SYSTEM WITHIN MUNICIPALITIES,
dated ftprs I 4411115 .
The City -State construction, maintenance and operation
responsibilities shall be as heretofore agreed to,
accepted, and specified in the Agreement to which these
plans are made a part."
b. All costs of constructing the illumination system will be borne
by the State, and the illumination system will remain the property of the
State.
2 of 6 Form 1074SL
04-93
2. MAINTENANCE AND OPERATION RESPONSIBILITIES
a. The City hereby agrees to furnish at its expense the electrical
energy required for 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, including
the furnishing of all equipment and labor and making any replacements
which may become necessary, without cost to the State.
b. The City will assume maintenance and operation on a date to
correspond with the date construction of the illumination system is
completed and accepted by the State. The State will provide written
notification to the City of such acceptance. The City hereby agrees to
furnish at its expense the electrical energy consumed by the system
during the period of trial operation prior to acceptance by the State.
If the illumination system is constructed by sections, this provision
shall apply to each such separately constructed section.
c. The City will obtain approval of the Executive Director before
making any major changes in the design and/or operation of the
illumination system as designed and constructed by the State or before
the removal of any part of the installation except for the purpose of
replacement where identical or accepted equivalent equipment to that
originally installed is used.
3. GENERAL
a. This Agreement shall remain in force for a period of two years
from the date that maintenance and operation responsibilities are first
assumed by the City and shall be automatically renewed for two-year
periods unless modified by mutual agreement of both parties.
3 of 6 Form 1074SL
04-93
b. The State will not incur any financial obligation to the City as
a result of this Agreement.
c. This Agreement may be terminated sixty (60) days after the filing
of a written notice by either party of a desire for cancellation. The
State reserves the right to remove the illumination system upon
cancellation of the Agreement.
d. If, at any time, the City does not maintain and operate the
illumination system in a satisfactory manner, the State reserves the
right to either arrange for maintenance at the expense of the City or to
remove the illumination system. Should the illumination system be
removed due to lack of maintenance, the City hereby agrees to reimburse
the State for the cost of removal.
e. Should disputes arise as to the parties' obligations under this
Agreement, the State's decision shall be final and binding.
f. The City shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees
of any court, or administrative bodies or tribunals in any matter
affecting the performance of this Agreement.
g. Changes in time frame, character, cost or obligations authorized
herein shall be enacted by written amendment. Any amendment to this
Agreement must be executed by both parties within the contract period.
h. This Agreement shall bind, and shall be for the sole and
exclusive benefit of the respective parties and their legal successors.
The City shall not assign or transfer its interest in this Agreement
without written consent of the State.
4 of 6 Form 1074SL
04-93
i. In case any one or more of the provisions contained in this
Agreement shall, for any reason, be held invalid, illegal, or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or
been
unenforceable provision had never -contained herein.
j. This Agreement constitutes the sole and only agreement for
lighting at the location described herein of the parties hereto and
supersedes any prior understandings or written or oral agreement betweei
the parties respecting the within subject matter.
4. INDEMNIFICATION
will
To the extent permitted by law, the City. indemnify and save harmles
A
the State, its agents or employees, from all suits, actions or claims a
from all liability and damages for any and all injuries or damages
sustained.by any person or property in consequence of any neglect in tt
performance, or failure of performance of the City, its agents and
employees under this Agreement.
5. CITY OBLIGATION SUBJECT 10 APPROPRIATION
The City's obligation to perform under this Agreement is subject to appu4ui
of funds by the Corpus Christi CityCouncil.
i .
5 of 6 Form 1074SL
04-93
IN WITNESS WHEREOF, the parties have thereunto affixed their
signatures, The City of
on the day of
ATTEST:
Corpus Christi
, 19
on the day of
, and the Texas Department of Transportatior.
Approved az to form:
James P.. Bray, Jr.
City Attorney
reM£
Micliae/ L. Scanlon 3/30/15
Assistant City Attorney
By:
, 19 •
CITY OF Corvus Christi
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 b-
the Texas Transportation Commission under the
authority of Minute Order 100002.
APPROVED:
By:
DATE:
Traffic Operations Engineer
6 of 6 Form 1074SL
04-93
That the foregoing ordinance was read for the first time and passed
to its second reading on this the 4 day of
19 q.5 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cesar Galindo
Betty Jean Longoria
A. - Edward A. Martin
Ot,,y. Dr. David McNichols
akkaAA k David Noyola
Olt Clif Moss
That the foregoing ordinance was
passed finally on this the
19 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Betty Jean Longoria
PASSED AND APPROVED, this the
19
ATTEST:
read for the second time and
day of
City Secretary
Edward A. Martin
Dr. David McNichols
Dai-yo1"
Ca -L€ masa
day of
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED: DAY OF , 19
JAMES R. BRAY, JR., CITY ATTORNEY
By
Assistant City Attorney
\fons\044
if T
That the foregoing ordinance was read for the first time and pass- o its second reading on this the
day of 19 , by the a owing vote:
Mary Rhodes Betty Jean Longoria
Dr.Jack Best John Longoria
Betty Black Edward A. Martin
Melody Cooper Dr. David McNichols
Tony . denfels
That the oregoing ordinance was read for the second time and passed finally on this the 1 V day
of , 19 15 , by the following vote:
Mary Rhodes
Dr.Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
PASSED AND APPROVED, this the Il) day of
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
City Secretary
MA
R
THE CITY OF CORPUS CHRISTI
APPROVED: DAY OF , 19
JAMES R. BRAY, JR., CITY ATTORNEY
By
Assistant City Attorney
\forms\044
022210