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Home My WebLink About06771 ORD - 01/23/1963EE 7 -21 -63 i AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, IN CONNECTION WITH THE COOPERATIVE CONSTRUCTION OF A STORM SEWER OUTFALL LINE, APPLICABLE_ TO INTERSTATE HIGHWAY 37 FROM UP RIVER ROAD TO CORN PRODUCTS ROAD AND CITY PROJECT NO. 295- 61 -21, McBRIDE LANE AREA STORM SEWER; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $130,900.00 THE NOW ESTIMATED COST OF THE CITY'S PAYABLE SHARE OF EXPENSE; AUTHORIZING THE PAY- MENT OF FUNDS HEREBY APPROPRIATED TO THE "STATE TREASURER, ACCOUNT OF TRUST FUND NUMBER 927 ", IN THE AMOUNT OF $130,900.00 AS PROVIDED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE STATE OF TEXAS, IN CONNECTION WITH THE COOPERATIVE CONSTRUCTION OF A STORM SEWER OUTFALL LINE, APPLICABLE TO INTERSTATE HIGHWAY 37 FROM UP RIVER ROAD TO CORN PRODUCTS ROAD AND CITY PROJECT ND. 295- 61 -21, MCBRIDE LANE AREA STORM SEWER; APPROPRIATING OUT OF N0. 295 STORM SEWER BOND FUND THE SUM OF $130,900.00, THE NOW ESTIMATED COST OF THE CITY'S PAYABLE SHARE OF EXPENSE; AUTHORIZING THE PAYMENT OF FUNDS HEREBY APPROPRIATED TO THE 11STATE TREASURER, ACCOUNT OF TRUST FUND NUMBER 92711, IN THE AMOUNT OF $130,900.00 AS PROVIDED IN THE SAID AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF: SECTION 2. THE NECESSITY TO IMMEDIATELY ENTER INTO SUCH AGREE- MENT AND THE APPROPRIATION OF THE AFORESAID SUMS, IN ORDER TO ENABLE THE STATE OF TEXAS TO PROCEED WITHOUT DELAY IN THE AFORESAID PROJECT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT 6771 0 0 THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY SO ORDAINED THIS THE ; , ,{ DAY OF JANUARY, 1963. ATTEST: CITY SEtRtleAll Y APPROVED AS TO LEGAL FORM IS THE ,,2 ( DAY OF JANUARY, 1963: n n � i MAYOR Nra tem THE CITY OF CORPUS CHRISTI, TEXAS CITY ATTORNEY STORM SEWER CONSTRUCTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES This agreement, made this day of , 196_, by and between the State of Texas, represented by the State Highway Engineer, 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 as authorized by ordinance passed on the day of , 196_, here- inafter referred to as the "City ", party of the second part, J W I T N E S S E T H WHEREAS, the City and the State are cooperating in the construction of a controlled access highway on Highway No. I. 37 from UpRiver Road to Corn Products Road; and WHEREAS, said highway requires the construction of a storm sewer system for proper drainages and WHEREAS, it is considered the State's responsibility to provide said storm sewer drainage for said controlled access highway right of way and the frontage property extending one hundred fifty feet (1501) perpendicular to the right of way lines of said controlled access highways and WHEREAS, the City has requested the State to provide a storm sewer drainage system sufficient to drain certain areas outside the area 150 feet perpendicular to the said right of way lines; and WHEREAS, the sail areas outside the area 150 feet per- pendicular to the right of way lines are considered the responsibility of the City; and i • _ ! WHEREAS, it is in the public interest that the City and the State cooperate in the construction of a storm sewer out - fall to provide drainage for the entire area under considerations and WHEREAS, surveys, designs and cost estimates made co- operatively by the City and the State have determined: (1) the area to be considered) (2) the storm sewer requirements for the area under considerations (3) the relative financial responsibility of the City and the Stater all of which are shown on a drawing marked Exhibit "A ", attached hereto and made a part hereof] and WHEREAS, it is deemed advisable that the City and the State each discharge their respective responsibilities with regard to construction of the said storm sewer outfalls by each constructing or paying the applicable costs of sections of the storm sewer system that have an estimated cost equivalent to the respective financial responsibility of the City and the State, as shown on Exhibit "A ", attached hereto. A G R E E M E N T NOW,THEREFORE, it is agreed and understood thats The City will proceed at the earliest practicable date to construct at its own cost and expense the sections of the storm sewer Outfall "N" shown on Page 2, Exhibit "A ", attached hereto and marked "To be built by the City ". The State will proceed at the earliest practicable date to construct at its own cost and expense the sections of the storm sewer Outfall "M" shown on Page 3, Exhibit "A ", attached hereto and marked "To be built by the State ". The City will maintain all of storm sewer Outfalls "M" and "N" covered by this agreement that are outside the limits of the controlled access highway as shown on Pages 2 and 3, Exhibit "A ", and marked "To be maintained by the City ". It is agreed that the various storm sewer sections will be of the capacity shown on Exhibit "A" attached hereto, and that each agency will provide on the section constructed by that agency such openings for connections, lateral lines, inlets, manholes, outfall structures, etc, as proper design dictates. - 2 - It is agreed that the amount of participation in con- struction of the outfalls will be based on the amounts of the final contract bids, to which the agreed percentages of participa- tion shown on Page 4, Exhibit "A" will be applied. The City's payable share in Outfall "M ", as indicated on Page 4, Exhibit "A ", including engineering and contingencies, is estimated to be One Hundred Thirty Thousand, Nine Hundred Dollars ($130,900.00) and the City will transmit to the State, upon request by the State, a warrant made payable to the State Treasurer, Account of Trust Fund Number 927 in the amount of One Hundred Thirty Thousand, Nine Hundred Dollars ($130,900.00), to be used as the City's payable share of the proposed work on Outfall "M ". If, after the State receives bids for work on Outfall "M ", and after construction of Outfall "M ", it is found that the amount of the City's portion of the actual construction cost is more than the amount previously paid into Trust Fund Number 927, then the City upon request of the State will forthwith supplement this amount by an amount equal to the actual cost leas the amount previously paid. In the event that the amount as paid is more than the actual cost of the City' share, as herein established, then the excess amount will be returned to the City. It is agreed that engineering costs, including design, contract letting cost, surveying, inspection and supervision, shall be eight per cent (8%) of the final construction cost of the outfalls. It is agreed that participation in right of way costs and all necessary utility adjustments for Outfall "M" will be limited to the actual negotiated value, or the actual award value in case of eminent domain proceedings, and omitting any administrative, appraisal, filing, or court costs. At the completion of each project, the final p-aTticipa- tion quantities will be mutually agreed to by both parties. - 3 - • • IN WITNESS WHEREOF, the parties have hereunto affixed their signature_, the City of Corpus Christi on the day of 19 , and the State on the IAI L46 day of %400 Aj 411 19-6-.1. C17Y OF CORPUS CHRISTI Hyt Titled City Manager ATTESTc City Secretary APPROVED AS TO LEGAL FORM THIS THE DAY OF JANUARY, 1963: CITY ATTORNEY - 4- THIS STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work program heretofore approved and authorized by the State High- way commissions /I Sy: Executed as State Highway Engi- neer and approved for State Highway Commission RECOMMENDED FOR APPROVALi District Engineer Bridple Eng neer Chief Engineer of Highway Design T EXAS HIGHWAY INTERSTATE I mwo " A al DEPARTMENT 37 STATE-CITY JOINT STORM SEINER OUTFALL PROJECTS CORPUS CHRISTI p TEXAS EXPRESSWAY OFFICE DATE -DEC 20 19(02 LEGEND: AREA OF CITY RESPONSIBLITY AREA OF STATE RESPONSIBILITY UPE liiiN4 fiE°ylD µY ENGIN 6E i$ SCALE ) " =SOO' PAGE 4 ®-' 4 � Yf 0 L wF S oa v: STAT E I61 eFs �� '5TATCQ'161 cfS STATE.Q=l61 cfS - STA7EQ °F61 efs STAT E Q - 161 c-'S JO;nt 0.4fatl r � U� TO BE SUTLT 13Y C ITY MAINTAINEID B`( CITY M141 CIT'T Q = 359 4s "03 QITYQ= 'S'TI.'4eis i wH 2 cirf Q ■ 383.8 efs MHI CITtCZ= 392.8cfs 3p. Intet I. CITY Q = -q 18.7 efs �497 "N LEGEND JARSA OF c ITY TO BE GUILT BY RESPO%st@`ITY 7HE C IT'( Any ° AREA oR MAtNTAIN E9 BY $tattRespans�b.1�'C7r THE MAVIGAT(OVA DRAINAGE AREA) PACE 2 4 4 To 6t su I LT Ms,eNTA%WEV dY cIT`6 Row LINE CI a A is — - -• - --- -� CITY q - lhe %%it bye I &513 a. Q SLATE ® / �«� bftsaau'—A by r 6ls�r. Stste ki U as U EoX �� ty i 7 OIJT FAIL pwti F T CHANNEL oU%TGAtL � bo _ f f��C 1 Fl / C /Exkstin9 Dl+ch LEGEND r H A N N E L ® ReaPew9�O��TY H P s ee so.,�,►tr Sea /e: /'_ OUTFALL T jM° SRtDE ORAINAU AREA - PA c. L '3 0 - 4- c PTC:.tt'il.. :6297 SUL IIEWGT" COST COST >`T TO CCUMULATEO ACCUML+LATEO Q C ®ST T' COST TO PE.it ry iv MANHOLE Q(cf4) Q(cfs) (cf s) CITY STATE (ft) L.F. LF. C(TY STATE OUT FULL "N "(�O BE BUILT BY CITY) Mt{4 ; 18.0 1n1 I 519 1 6997 31.03 15v5 355.8 3831 911-401 30 rlFii ilHe ?7I.A 6l 532,5 69,/5 0,25 15X5 350 34.3o 8 373 3,932- MW Mu 1 383,8 G1 1 549.9 70,43 29,57 5,5 -5 5oo,2 39.27 12,o73 5,069 MH 1 -jp1 1 3c12.8 161,1 553,9 76,92 29,08 6x 5 A80 34,92 /Ij 888 9 674 x+18 7 61 579.4 72 21 27. 19 8x5 12 29 9o.2q 35,711 3 ?44 77 444 3 549 Jam'`- 61.50 �x f Zr WO 355 700 .5,6 -T�/ "N " STORM SEWER WITHIN R.O.W. AT OUT FALL 4146 35465 rO7-AL c-5, zoo WOO OUTFALL "M'(TO BE BUILT BY STA-TE Sox 1155 612 1767 6537 34,63 gcg� n8 /` 8.56 8469.5 Channel 1155_ 612 �]6% 65.37 34.63 2owJ+ 800 50,0 26/9 13 XsL /86 n 74�! 883 �o0 - POTAL 8}00 Grand Tofr+l Z89 f3o� /$7 icpi "� *_; re ;n Cuts+'! M :y joo Cui-+-a PJ — 73 7 ^O 'ti " e, 1 15.�Janue: y 1963 1 CtOT1FY TO Toe CITY COUNCIL THAT THE MONEY ReaulRED roR INC CONTRACT AGREEUENT$ OSLIOATI"p OR EXPODITURt CONTEMPLATED IN TOE ABOVE AND FOREGOING ORDINANCE 18 IN THE t9tABURtF OF TO CITY OF CORPUS CH91STI TO THE CREDIT OF MO._ 295 Storm Sewer Bond Fund $130,900 4- .PTojer„„_?g5:61 -21 FUND FROM VHICH IT 18 PROpesto To Be ORAVN, AND SUCH .MONEY IS NOT APPROPRIATED POR ANY OTNZR PURPOG9. REC oR ov INAN 1_ CORPUS CHRIS TEXAS / 1 ` DAY f TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION -OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEOp AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY .COUNCIL; 1, THEREFORE' HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR pro_Tem THE CITY OF CORPUS CHRISTIJEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOOTE: BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO C W. J. ROBERTS JAMES H. YOUNG t THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTES BEN F. MCDONALD Tom R. SWANTNER CZy DR. JAMES L. BARNARD CLs JOSE R. DELEON L-P_ M. P. MALDONADO G W. J. ROBERTS JAMES H. YOUNG