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Home My WebLink About07125 ORD - 01/08/1964IMS:JKH:1-8 -64 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE HIGH- WAY COMMISSION FOR THE PLACING IN TRUST FUND NO. , 927 THE AMOUNT OF $45,800.00 AS THE CITY'S PART OF I' THE ESTIMATED COST-OF INSTALLING STREET ILLUMINATION ON THE INTERSTATE HIGHWAY PROJECT BETWEEN PEABODY STREET AND UPRIVER ROAD ON INTERSTATE HIGHWAY NO. 37, AND BETWEEN LEOPARD•STREET AND MORRIS STREET ON STATE HIGHWAY'NO. 286, A COPY OF WHICH ESCROW AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $45,800.00, BEING $26,900.00 FOR PROJECT NO. 220 -56 -74.2 ON INTERSTATE HIGHWAY 37, AND $18,200.00 FOR PROJECT NO. 220 -56 -74.5 ON STATE HIGHWAY 286; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN ESCROW AGREEMENT WITH THE STATE HIGHWAY COMMISSION FOR THE PLACING IN TRUST FUND, No. 927, THE AMOUNT OF $45,800.00 AS THE CITY'S PART OF THE ESTIMATED COST OF INSTALLING STREET ILLUMINATION ON THE INTERSTATE HIGH- WAY PROJECT BETWEEN PEABODY STREET AND UPRIVER ROAD ON INTERSTATE HIGHWAY No. 37, AND BETWEEN LEOPARD STREET AND MORRIS STREET ON STATE HIGHWAY N0. 256, A COPY OF WHICH ESCROW AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $45,500.00, BEING $26,900.00 FOR PROJECT No. 220-56 -74.2 ON INTERSTATE HIGHWAY 37, AND $15,900.00 FOR PROJECT No. 220 -56 -714.5 ON STATE HIGHWAY 256. SECTION 3. THE NECESSITY THE EXECUTE THE ESCROW AGREEMENT AND TO PROVIDE THE NECESSARY FUNDS AS THE CITY'S SHARE OF THE COST OF MAKING INSTALLATION OF STREET ILLUMINATION AS HEREINABOVE SET FORTH 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 7125 +/ 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 THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS TH E DAY OF JANUARY, 1964. ATTEST: YOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECR TY APP ED AS TO LEGAL FORM THIS R DAY OF JANUARY, 1964: �& Al 1�t'2 - CITY ATTORNEY C 74 -6 -51 C 326 -3 -19 1-37- 1(15) 001 & U 1113(12) Nueces County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 1964, by and between the City of Corpus Christi, Texas,•hereinafter called the "City ", Party of the First Part, acting by and through its City Manager and the State of Texas, hereinafter called the "State ". Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, it is the desire of the.State and City to construct an illumination system within the Limits from Peabody Street to UpRiver Road on Interstate Highway No. 37, and also within the limits from Leopard Street to Morris Street on State Highway No. 286. The State will construct or have constructed this work and the City will pay fifty per cent (50 %) of the construction cost of this work, estimated to cost Ninety One Thousand Six Hundred and No /100 Dollars ($91,600.00), including contingencies and construction engineering. The City's estimated share of the cost of this work amounts to Forty Five Thousand Eight Hundred and No /100 Dollars ($45,800.00). NOW THEREFORE, it is understood that this proposed work, consisting of the construction of an illumination system within the limits from Peabody Street to UpRiver* Road on Interstate Highway Noj 37, and also within the limits from Leopard Street to Morris Street on State Highway No. 286, will be constructed by the State. The total estimated construction cost of this work amounts to Ninety One Thousand Six Hundred and No /100 Dollars ($91,600.00), including contingencies and construction engineering. The City will pay fifty per cent (50 %) of the construction cost of this work and it is estimated the City's share is Forty Five Thousand Eight Hundred and No /100 Dollars ($45,800.00), and the City will transmit to the State with the return of this agreement, executed by the City, a warrant made payable to the State Treasurer, Account of Trust 1. Fluid No. 927 in the 'amount of Forty Five Thousand Eight Hundred and No /100 Dollars ($45,800.00), to be used in paying for the City'a share of the proposed work in the " City of Corpus Christi. It is further understood that the State will construct only those items necessary for the completion of an illumination system and fifty per cent (50 %) of the construction"cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and /or'the actual construction and/or approved changes in the contemplated improvement it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously,paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost of the City's share, as herein established, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost'of contingencies and construction engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents-to be executed in duplicate on the day above stated. CITY OF CORPUS CHRISTI STATE OF TEXAS Party of the First•Part STATE HIGHWAY COMMISSION Party of the Second Part By: City Manager Certified as being executed for the purpose and effect of activating and/or carrying out ,.. ATTEST: the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: ity bcR'ETARY State Highway Engineer under authority of Commission Minute 30665 APPROVED AS TO LEGAL FORM THIS DAY OF JANUARY, 1964: Recommended for executions CITY ATTORNEY ' Engineer of ro ec s r 2. January 3. 196U I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of No. Proiect 220 -56 -74.2 $26.900.00 Project 220 -56 -74.5 18,900.00 Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 54Direatorf 7e CORPUS CHRISTI, TEXAS 4. OF �, jj� 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 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: JAMES L. BARNARD CLI- JAMES H. YOUNG t•. JACK R. BLACKMON JOSE R. DELEON ti M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.