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HomeMy WebLinkAbout09462 ORD - 08/12/1969BJW:8/12/69 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE HIGHWAY COMMISSION FOR THE PLACING IN TRUST FUND NO. 927 THE AMOUNT OF $50,650 AS THE CITY'S PART OF THE ESTIMATED COST OF IN- STALLING STREET ILLUMINATION WITHIN THE LIMITS FROM STATE HIGHWAY NO. 358 INTERCHANGE WITH STATE HIGHWAY NO. 286 TO THE SOUTH END OF GOLLIHAR ROAD INTERCHANGE ON STATE HIGHWAYS NUMBERED 358 AND 286, A COPY OF WHICH ESCROW AGREEMENT IS ATTACHED HERETO AND MADE A PART HERE- OF; AUTHORIZING THE CITY MANAGER TO FACILITATE IMPLEMEN- TATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. 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 $50,650 AS THE CITY'S PART OF THE ESTIMATED COST OF INSTALLING STREET ILLUMINATION WITHIN THE LIMITS FROM STATE HIGHWAY No. 358 INTERCHANGE WITH STATE HIGHWAY NO. 286 TO THE SOUTH END OF GOLLIHAR ° ROAD INTERCHANGE ON STATE HIGHWAYS NUMBERED 358 AND 286, A COPY OF WHICH ESCROW AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO TAKE ALL RELATED NECESSARY ACTION TO FACILITATE THE CITY'S PERFORMANCE HERE- UNDER AND FOR THE PAYMENT OF THE CITY'S SHARE OF THE COST OF THE ILLUMINA- TION SYSTEM HEREINABOVE DESCRIBED. SECTION 3. THE NECESSITY TO IMMEDIATELY EXECUTE THE ESCROW AGREE- MENT 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 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 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 ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE -IJ DAY OF AUGUST, 1g69. ATTEST: � ^�^"""^ ►�� OR THE CITY OF CORPUS CHRISTI, TEXAS CIT SED: � OF ANG ST, 1g6g: APPD: 9462 --1�C TY ATTORNEY C 617 -1-36. U 1113 (24) Nueces County STATE, OF TEiAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 1969, 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 High- way Commission. WHMrAS, it is the desire of the State and City to construct an illumination system within the limits from State Highway No. 358 Interchange with State Highway No. 286 to south end of Gollihar Street Interchange on State Highways Numbered 358 and 286. The State will construct or have constructed this work and the City will pay fifty per cent (500) of the construction cost of this work, estimated to cost One Hundred One Thousand Three Hundred and No /100 Dollars ($101,300.00), including contingencies and construction engineering. The City's estimated share of the cost of this work amounts to Fifty Thousand Six Hundred Fifty and No/100 Dollars ($50,650.00). NOW THE3.- ORE, it is understood that this proposed work, consisting of the con- struction of an illumination system within the limits from State Highway No. 358 Inter- change with State Highway No. 286 to south end of Gollihar Street Interchange on State Highways Numbered 358 and 286, will be constructed by the State. The total estimated construction cost of this work amounts to One Hundred One Thousand Three Hundred and No /100 Dollars ($101,300.00), 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 Fifty Thousand Six Hundred,Fifty and No /100 Dollars ($50,650.00), and the City will transmit to the State with the return of this agreement, 1. ::F ' ' r � . • -.4 "Y. �_ .. .r�.� _ -.,T: W� -•- +. � - . _ .� may. -....a 1 .,,ecuted by the City, a warrant made payable to the State Treasurer, Account of Fund No. 927 in the amount of Fifty Thousand Six Hundred Fifty and No/100 Dollars ($50,650.00), to be used tin paying for the City's 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 OF SUCH ITEMS the construction cost/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_ Party of the First Part By: City Manager ATTEST: CITY SECRETARY APPROVED: /j f-- DAY 1969: 9 A SISTANT CITY A T N E Y T. STATE OF TEXAS STATE HIG11,7AY Cal-FISSION Party of the Second Part 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 Commission: By- Asst. State Highway Engineer under authority of Commission Hinute 60394 Recommended for execution: Engineer- Finance Corpus Christi, Texas 10-4ay of l 196 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, 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: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol ing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. , Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts PJ - Ronnie Sizemore