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HomeMy WebLinkAbout09602 ORD - 01/14/1970VMP:1/13/70 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT, FOR CONSTRUC- TION OF THE WEBER ROAD (FM 43) PROJECT, DESIGNATED AS NO. C1557 -1-8, Su 1718 (3) A; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $268,800, APPLICABLE TO PROJECT NO. 220- 67 -96, WEBER ROAD IMPROVEMENTS, REPRESENT- ING THE CITY`S PORTION OF PARTICIPATION IN THE COST OF SAID CONSTRUCTION TO BE PERFORMED BY THE STATE HIGHWAY DEPARTMENT, WHICH AMOUNT HEREBY APPROPRIATED IS TO BE PLACED IN ESCROW AND PAYABLE TO THE STATE TREASURER, TRUST FUND ACCOUNT N0. 927; 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 AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT, FOR CONSTRUCTION OF THE WEBER ROAD (FM 43) PROJECT, DESIGNATED AS N0. C1557 -1-8 su 1718 (3) A. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 220 STREET BOND FUND THE SUM OF $268,800, APPLICABLE TO PROJECT NO. 220- 67 -96, WEBER ROAD IMPROVEMENTS, REPRESENTING THE CITY'S PORTION OF PARTICIPATION IN THE COST OF SAID CONSTRUCTION TO BE PERFORMED BY THE STAVE HIGHWAY DEPARTMENT, WHICH AMOUNT HEREBY APPROPRIATED IS TO BE PLACED IN ESCROW AND PAYABLE TO THE STATE TREASURER, TRUST FUND ACCOUNT ND. 927. SECTION 3. THE NECESSITY TO IMMEDIATELY ENTER INTO THE AFORE- SAID AGREEMENT AND TO APPROPRIATE THE CITY'S PORTION OF PARTICIPATION IN THE COST OF SAID CONSTRUCTION IN ORDER THAT THE PROJECT MAY BE BEGUN WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIR- ING THE SUSPENSION OF THE CHARTER RULE 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 SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUS- PENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS 9602 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / �-AY OF JANUARY, 1970. ATTEST: r� CITY SECRETARY OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM IIS I3 DAY OF JANUARY, 1970: CITY ATTORNEY f C 1557 -1 -8 SU 1718 (3) A Nueces County STATE OF TEXAS COUNTY CF TRAVIS THIS AGREE ENT, made this day of 1970, by and between the City of Corpus Christi, Texas, hereinafter eatlea the "Laity ", Party of the Fir" Part, acting uy and ihrougb 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, the City desires the construction of concrete curb and gutter, storm sewer work and incidental items within the limits from State Highway No. 357 northeast to State Highway No. 358 on Farm to Market Road No. 43, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense. The estimated construction cost of this work is Two Hundred Sixty Eight Thousand Eight Hundred and No/100 Dollars ($2683800.0o)2 including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 61236, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 1. NOW THEREFORE, it is understood that this proposed work will be constructed by the State 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 Fund No. 927 in the amount of Two Hundred Sixty Eight Thousand Eight Hundred and Na/100 Dollars ($268,800.00), to be used in paying for the proposed work required by the City in the City of Corpus Christi. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire 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 improvements 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 fu]l 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, 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. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 61236, as it applies to the City, a copy of 0 which is attached hereto and marked "Exhibit A" and made a part of this agreement. 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 FIIGHWAY COMMISSION By. Party of the Second Part City Manager Certified as being executed for the ATTEST: purpose and effect of activating and or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State City Secretary Highway Commission: APPROVED: CITY ATTORNEY DIRECTOR OF FINANCE APPROkfaD r� r% CRY Sccr to . By: Asst. State Highway Engineer under authority of Commission Minute 60394 Recommended for execution: Director, Finance WHEREAS, in NUECES'COUNTY, the City of Corpus Christi and Nueces County have requested the designation of a FARM TO MARKET ROAD extending from State Highway 357 northeast to State Highway 358, a dis- tance of approximately 1.7 miles, and the construction of an urban type section; and WHEREAS, an analysis of the request indicates that such desig- nation and construction will provide an important traffic facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Corpus Christi and Nueces County: Provided the City and /or County will: 1. Furnish all necessary right of way clear of obstructions and free of cost and provide for the immediate construction of continuous curb and gutter, utility adjustments, storm sewers, etc., all as may be necessary for a complete project with the exception of pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the Department. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Designate the road and provide for the construction of an urban type section within these limits at an estimated cost of $230,000.00. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. It is understood that the responsibility of the Texas Highway De- partment is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Corpus Christi. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Corpus Christi and Nueces County, IT IS ORDERED Minute No. 61236 - Continued that a FARM TO MARKET ROAD be designated over these limits and the State Highway Engineer is directed to proceed with the development of plans for construction and after the City and /or County have fulfilled their responsibilities, proceed with construction in the most feasible and eco- nomical manner. It is understood that the City and /or County may discharge their construction obligations as outlined herein in any manner as they may elect. In the event the City and /or County desires the State to include their portion of the work in the States construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City and /or County for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Corpus Christi and Nueces County and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 61236 July 11, 1968 COPY "EXHIBIT A" a . CITY OF CORPUS CHRISTI, TEXAS " CERTIFICATION OS FUNDS (City Charter Article IV Section 21) January 7, 1970 I certify to the City Council that $ 268,8OO.00 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No, and Name 220 Street Bond Project No. 220 -67 -96 Project Name Weber Road Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2 -55 Revised 7 -31 -69 ,19- v D rect017 nance amp W Corpus Chris Texas _�ay of 19 /g O TO THE jJEEMBERS 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, rTAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, 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 fo11 wing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore 1/ r