HomeMy WebLinkAbout07725 ORD - 09/22/1965vMP:9/22/65
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER_, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRIST , 0 EXECUTE
_CROS_$2AINAGE_CONSTRUCTION AGREEMENTS BETWEEN THE
STATE OF TEXAS AND CITY OF'CORPUS CHRISTI FOR CONSTRUC-
TION OF OVERSIZE FACILITIES IN CONNECTION WITH THE CON-
STRUCTION OF I. H. 37 FROM CORN PRODUCTS ROAD TO RAND
MORGAN ROAD; APPROPRIATING OUT OF NO. 295 STORM SEWER
BOND FUND THE SUM OF 2000.00 TO BE PAID TO THE
STATE UPON REQUEST, PAYABLE TO THE STATE TREASURER,
ACCOUNT OF TRUST FUND NUMBER 927, SAID SUM REPRESENTING
THAT PORTION OF COST FOR OVERSIZING THE FACILITIES TO
BE CONSTRUCTED BY THE STATE; FROM FUNDS HEREBY APPRO-
PRIATED $100,000.00 AND $92,000.00, RESPECTIVELY IS
APPLICABLE TO PROJECTS NO. 295 -64 -26.1 AND 295 -64 -26.2,
TULE LAKE SYSTEM; REPEALING ORDLNANC.E N0. 703, PASSED
AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 1, 1965;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED ry
AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS,CHRISTI, TO EXECUTE
CROSS DRAINAGE CONSTRUCTION AGREEMENTS BETWEEN THE STATE OF TEXAS AND CITY
OF CORPUS CHRISTI FOR CONSTRUCTION OF OVERSIZE FACILITIES IN CONNECTION WITH
THE CONSTRUCTION OF 1. H. 37 FROM CORN PRODUCTS ROAD TO RAND MORGAN ROAD.
SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 295 STORM
SEWER BOND FUND THE SUM OF $192,000.00 TO BE PAID TO THE STATE UPON
REQUEST, PAYABLE TO THE STATE TREASURER, ACCOUNT OF TRUST FUND NUMBER 927,
SAID SUM REPRESENTING THAT PORTION OF COST FOR OVERSIZING THE FACILITIES TO
BE CONSTRUCTED BY THE STATE. OF THE FUNDS HEREBY APPROPRIATED $100,000.00
AND $92,000.00, RESPECTIVELY, IS APPLICABLE TO PROJECTS NO. 295 -64 -26.1
AND 295 -64 -26.2, TULE LAKE SYSTEM.
SECTION 3. ORDINANCE NO. 7703, PASSED AND APPROVED BY THE CITY
COUNCIL ON SEPTEMBER 1, 1965, IS HEREBY REPEALED.
SECTION 4. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE
HEREINABOVE DESCRIBED AGREEMENT AND TO APPROPRIATE THE NECESSARY FUNDS
it IN ORDER THAT THE DESCRIBED CONSTRUCTION MAY BE BEGUN PROMPTLY CREATES
A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR
7725 '
RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND
HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDI-
NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND
BE IN FULL FORCE AND EFFECCTTJ FRROOM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE p1 1� DAY OF SEPTEMBER, 1965.
ATTEST:
CITY ECRETARY YO
THE CITY OF CORPUS CHRISTI; TEXAS
APPROVED AS TO LEGAL FORM THIS
7e_ DAY OFSEPTEMBER, 1965:
CITY ATTORNEY' �• �.
l ,r
�
a
a
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t PROJECT: 137- 1(23)Oo6
CONTROL: 74 -6-57 '
I.H. 37: FROM CORN PRODUCTS
ROAD TO RAND MORGAN
ROAD ,
NUECES COUNTY
CROSS DRAINAGE-CONSTRUCTION AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
t`
THIS AGREEMENT, MADE THIS �- DAY OF
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_, HEREINAFTER REFERRED TO AS THE "CITY", PARTY OF
THE SECOND PART.
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 CORN PRODUCTS ROAD TO
RAND MORGAN ROAD; AND '
WHEREAS, SAID HIGHWAY REQUIRES THE CONSTRUCTION OF ROADSIDE DITCHES
AND CROSS DRAINAGE STRUCTURES FOR PROPER DRAINAGE; AND
WHEREAS, IT IS CONSIDERED THE STATE'S RESPONSIBILITY TO PROVIDE SAID
DRAINAGE FACILITIES FOR SAID CONTROLLED ACCESS HIGHWAY RIGHT OF WAY AND ALL OF
THE NATURAL DRAINAGE WHICH CROSSES THE RIGHT OF WAY LINES OF SAID CONTROLLED
ACCESS HIGHWAY; AND
' WHEREAS, THE CITY HAS REQUESTED THE STATE TO PROVIDE CROSS DRAINAGE
STRUCTURES AND/OR OUTFALL SYSTEMS SUFFICIENT TO DRAIN CERTAIN AREAS OUTSIDE THE
AREAS THAT NOW DRAIN NATURALLY TO THE SAID RIGHT OF WAY LINES; AND
WHEREAS, THE SAID AREAS,OUTSIDE THE NATURAL DRAINAGE AREAS ARE CONSID-
ERED THE RESPONSIBILITY OF THE CITY; AND
. -tr
x '
WHEREAS, IT IS IN THE PUBLIC INTEREST THAT THE CITY AND THE STATE
COOPERATE IN THE CONSTRUCTION OF CROSS DRAINAGE STRUCTURES AND /OR OUTFALL
CHANNELS TO PROVIDE DRAINAGE FOR THE ENTIRE AREA UNDER CONSIDERATIONS AND
WHEREAS, SURVEYS, DESIGNS AND COST ESTIMATES MADE COOPERATIVELY BY THE
CITY AND THE STATE HAVE DETERMINED: (1) THE AREA TO BE CONSIDERED (2) THE
CROSS DRAINAGE STRUCTURE QND/OR OUTFALL REQUIREMENTS FOR THE AREAS UNDER CONSIDER -
ATION; (3) THE RELATIVE FINANCIAL RESPONSIBILITY OF THE CITY AND THE STATE; 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 DIS-
CHARGE THEIR RESPECTIVE RESPONSIBILITIES WITH REGARD TO CONSTRUCTION OF THE SAID
CROSS DRAINAGE STRUCTURES AND /OR OUTFALLS BY THE STATE CONSTRUCTING, AND ATHE CITY
AND STATE PAYING THE APPLICABLE COSTS OF THE DRAINAGE'FACILITIES, AS SHOWN ON
EXHIBIT "A11, ATTACHED HERETO.
A G R E E M E N T
NOW, THEREFORE, IT IS AGREED AND UNDERSTOOD THAT:
Y '
THE STATE WILL PROCEED AT THE EARLIEST PRACTICABLE DATE TO CONSTRUCT AT
ITS OWN COST AND EXPENSE THE CROSS DRAINAGE STRUCTURES AND /OR OUTFALLS SHOWN ON
EXHIBIT "A ", ATTACHED HERETO AND MARKED "TO BE BUILT BY THE STATE".
THE STATE WILL MAINTAIN ALL OUTFALL CHANNELS OR STRUCTURES OUTSIDE THE
LIMITS OF THE INTERSTATE HIGHWAY RIGHT OF WAY. AS SOON AS THE CITY BEGINS TO
ADD DRAINAGE FROM DIVERTED AREAS SHOWN ON EXHIBIT "A", THE CITY WILL ASSUME FULL
RESPONSIBILITY FOR MAINTAINING ALL OUTFALL CHANNELS OR-STRUCTURES OUTSIDE THE
LIMITS OF THE INTERSTATE HIGHWAY RIGHT OF WAY.
THE CITY WILL INDEMNIFY THE STATE AGAINST ANY AND ALL DAMAGES AND
CLAIMS FOR DAMAGES AGAINST THE STATE RESULTING FROM DIVERTED DRAINAGE WATER FROM
THE AREAS OUTSIDE THE NATURAL DRAINAGE DIVIDES. ALL JUDGMENTS FOR SUCH DAMAGES
OF ANY TRIAL COURT OR SUCH APPELLATE COURT TO WHICH AN APPEAL ON REQUEST OF THE
CITY HAS BEEN TAKEN, SHALL BE PAID BY THE CITY UPON SUCH JUDGMENT BECOMING FINAL.
SUCH PAYMENTS SHALL INCLUDE THOSE DAMAGES RESULTING FROM INJURY TO OR DEATH OF
PERSONS OR FOR LOSS OF OR DAMAGE TO PROPERTY AND ANY AND ALL-COURT COSTS, ATTOR-
NEY'S FEES AND EXPENSES RELATED TO OR CONNECTED WITH ANY CLAIMS OR SUITS FOR
DAMAGES RESULTING FROM SUCH DIVERSION. IF REgUESTED IN WRITING BY THE STATE TO
DO SO, THE CITY -SHALL ASSIST THE STATE WITH OR RELIEVE THE STATE FROM DEFENDING
ANY SUCH SUITS BROUGHT AGAINST IT.
IT' IS AGREED THAT THE AMOUNT OF PARTICIPATION IN CONSTRUCTION OF CROSS
DRAINAGE STRUCTURES AND /OR OUTFALLS WILL BE BASED ON THE AMOUNTS OF THE FINAL CON-
TRACT BID PRICES, AND QUANTITIES SHOWN ON EXHIBIT "A "., THE CITY'S PAYABLE SHARE
-2-
FOR ALL OF THESE DRAINAGE FACILITIES AS INDICATED ON THE EXHIBIT "A ", INCLUDING
ENGINEERING AND CONTINGENCIES, IS ESTIMATED TO BE ONE HUNDRED NINETY -TWO THOUSAND
DOLLARS ($192,000.00), ON THE PROJECT FROM CORN PRODUCTS ROAD TO RAND MORGAN ROAD,
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 NINETY -TWO THOUSAND DOLLARS ($192,000.00), TO BE USED AS THE CITY'S
PAYABLE SHARE OF ALL THE PROPOSED JOINT PARTICIPATION WORK FROM CORN PRODUCTS
ROAD TO RAND MORGAN Road. IF, AFTER THE STATE RECEIVES BIDS FOR WORK ON THESE
DRAINAGE FACILITIES, IT IS FOUND THAT THE AMOUNT OF THE CITY'S PORTION OF THE '
ACTUAL CONSTRUCTION COST ON THE CONSTRUCTION PROJECT 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 LESS THE AMOUNT PREVIOUSLY PAID. IN THE EVENT THAT 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 AGREED THAT ENGINEERING COSTS, INCLUDING DESIGN, CONTRACT
LETTING COSTS, SURVEYING, INSPECTION AND SUPERVISION, SHALL BE EIGHT PERCENT
%) OF THE FINAL CONSTRUCTION COST OF THE CROSS DRAINAGE STRUCTURES AND/OR
OUTFALLS.
AT THE COMPLETION OF THE CONSTRUCTION PROJECT, THE FINAL PARTICIPATION
QUANTITIES WILL BE MUTUALLY AGREED TO BY BOTH PARTIES.
I
-3-
IN WITNESS WHEREOF, THE
PARTIES HAVE HERETO AFFIXED THEIR SIGNATURES,
THE CITY OF CORPUS CHRISTI
ON THE
DAY OF , t96 , AND
THE STATE ON THE DAY
OF
CITY OF CORPUS CHRISTI
THE STATE OF TEXAS
CERTIFIED AS BEING'EXECUTED FOR THE
PURPOSE AND EFFECT OF ACTIVATING AND
BY:
OR CARRYING OUT TOE ORDERS, ESTABLISHED
HERBERT W. WHITNEY
POLICIES, OR WORK PROGRAM HERETOFORE
• APPROVED AND AUTHORIZED BY THE STATE
'
HIGHWAY COMMISSION:
TITLE: CITY MANAGER
BY:
ATTEST:
EXECUTED AS STATE HIGHWAY ENGINEER '
AND APPROVED FOR STATE HIGHWAY
COMMISSION
RECOMMENDED FOR APPROVAL:
CITY SECRETARY
_APPROVED AS TO LEGAL FORM
THIS THE
1.- DAY OF SEPTEMBER ,
196j_:
' DISTRICT ENGINEER
CITY ATTORNEY
,
'
BRIDGE ENGINEER
CHIEF ENGINEER OF HIGHWAY DESIGN
AlUGUST 27,, 1965
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. 295 STORM SEWER FUND
PROJECT No. 295 -* 26.1 $100,000.00
PROJECT No. 295-6 26.2 92,000.00
192,000.00
FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT
APPROPRIATED FOR ANY OTHER PURPOSE.
t
,/DIRECTOR q {FINANCE
b�
L
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
I"
M1 �
CORPUS CHRISTI, TEXAS
DAY OF 19�J `•
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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
r
JACK BLACKMON
PATRICK J. DUNNE is
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
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sp.
• - -.•- ■ • ^
SUMMARY OF COST PARTICIPATION
EST. COST BASED ON STATE (NATURAL) DRAINAGE ONLY
\\ !EST. COST BASED ON CITY. a STATE(NAT' a DI V) DRAINAGE .
\ESTIMATE COST TO CITY OF CORPJJS CHRISTI
•
. •
•
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" STATE ONLY"
CONSTRUCTION
• 7-
t
.... I
CITY-STATE
, CONSTRUCTION
• •
--- CITY-STATE
0 NSTRUCT ION
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, 1)1
I' • •„*.2.„
T7LiftA'''6-1L-itliE
. .
.- •141T,;;--;••
311,500.0d:
'J\
,
Cost Estimate of "State Only" Cons ruction
, Outfa I
ITEM
11
750'- 6X6
850'-7X6
UNIT
f'-Class A t, Concrete
r--.3inf. Steel
WJnc•l. Struct.Excay.
Channel Excay.
-!JC1.7BI Conc.Riprat.,
•
. •';i0-
„, . Steel
pr.)inf
-
r- •
Unc I Struct.Excciv.
oncrete
„et, ,
Chorine( Excay.,
Outfall "C" ( 365
-----7---=-___ML_3 __-- '
. '---.------ 71 _
- --- ----7,--=-----7"-- , I C
,.... I
/ '
-;
..- s i.
I
N I• '`''' \
I
• 1\.‘■1 Vs-1<--------.
4,
Os`
4
•
•
_ •
CONSTRUCTION
ttl•'•
taP
•
•
•
'
z
s "
, •
•
•
-
I /), CONSTRUCTION
cI TY-STATE
•
Outfall "J"
Cioss A Concrete
Reinf_ Steel
UncI,Struct.Excqv
48 " Sewer Pipe
Channel Excav
••••:
•
LB
SCNA a PWNAND 1)6 5 0 OF CHA NNEL
QUINT UNIT PRICE
933.79 3,6.00
33,66 0, te
70437 1.50
977S21 0 5C
:tJM. 3 2 CO
SUB TOTA L
AMOUNT
34841. 02
13 316.80,
• 10 582.31
9, 889.i 1
1 C 5.28
76, 379.5,2
X6 SCNA& PWN AND o CHANNEt.
....I
et:
I
.38 CO
0 1 0
1 50
.050
SUB TOTAL
-9487. 08
4, 140 90
1 365 00
25
15,
- " RCP CL SC N &PWN
AND 80010F CHANNEL)
cY
LB
CY
LF
CY
102
658
576
260
3720
SUB TOTAL
CC
O 10
0
300
O 50
SUB TOTAL
ENGINEERING ( 8%)
CONT1N G E NOE S( 2%) -
TOTAL
4i8. 46
3, a 76 0
e 5
• :17_ 00
3,
6 36000
9
108 , 6 1 0
8 70E,.
2, 1 76..64
. 1! 9., 50C.00
Cost Estimate of"City-State Combined" Construction
Due to City- Diverted Drainage
11
3664:- 1C> Tr
, = ITEM - UNIT
)clq5s . A Concrete CY
.H. Reinf Steel • LB
: , Uncl, StrUrt 1-7 xrov CY
, _ , ,, .....,_ ,...:
,I Type B -Monhoes EA
' S.MinRd. Items 'LS
Outfall "CH ( 365'
1 X
lassil.A" Concrete, CY
P,enf Steel LB
Uncl.Struct.Excav CY
C.h LB' Excov CY
B Conc Riprop CY
Outfa "kJ ( 276 f---9X72,13,;
Ifis`'A" Concrete CY
Reinf SteeF LB
UncI Struct Excav CY
Channel Excav
SCN8i PWN
QUANT
310 GE.7
545 560.67
73, 48.81
UNIT PRICE
35.00
0.10
1.50
350.00
SUB TOTAL
SC N a PWN AND
485.9
(D., 992 •
2240
10,418
230.75
36_00
0.1C
1_50
0.50
32.00
SUB TOTAL
sx SCN a PWN AND
399.05 38.00
6.2635.23 0.10
3391 1_50
6,852 0.50
r.
AMOUNT
114164L06
(1c56.07
3 c% 224.72
1, 0s0.00
3, 7
209.224.06
1' OF CHANNEL)
18, 46420'
599.20
3,360.0C
209.00
7, 384.00
OF CHANNEL)
15,163.90
5, 086.50
3, 426.00
SU BIOTA L 29) 959.92
CONTIN GTEONTCCEALS(2%) - 5, 659.93
E -NSGUINBETEORTIANLG 80/0) 236L:1-3,5070C.Cr:°067':
TEXAS HIGHWAY DEPARTMENT
PFiOJECT I-37-1(23) 006 CONTROL 74-6-57
INTERSTATE HIGHWAY 37
FROM CORN PRODUCTS ROAD TO RAND MORGAN ROAD
EXHIBIT
CITY STATE JOINT
DRAINAGE OUTFALL PROJECT
CORPUS CHRISTI TEXAS
EXPRESSWAY OFFICE
SCALE I 000'
DATE AUG 24 1965
SU ER ISIN
RESID NT ENGINEER
1 111 1 1 I ■11 III 1 1 I ill,