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HomeMy WebLinkAbout09622 ORD - 01/28/1970VMP:1/28/70 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS HIGHWAY DEPARTMENT, TO LEAVE A PORTION OF THE EXISTING BRIDGE ACROSS THE OUTLET OF CAYO DEL OSO ON OCEAN DRIVE TO BE USED AS A FISHING PIER, UNDER THE STATE'S PROJECT, DESIGNATED AS CONTROL 916 -20 -2, N -AD 29(3), NUECES COUNTY; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $1500, APPLICABLE TO PROJECT NO. 220 -67 -106, OCEAN DRIVE IMPROVEMENTS, ALAMEDA TO N.A.S., AS THE CITY'S PARTICIPATION IN THE COST OF THE CONTRACT CHANGE ORDER, WHICH AMOUNT IS TO BE PLACED IN ESCROW, 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, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE TEXAS HIGHWAY DEPARTMENT, TO LEAVE A PORTION OF THE EXISTING BRIDGE ACROSS THE OUTLET OF CAYO DEL OSO ON OCEAN DRIVE TO BE USED AS A FISHING PIER, UNDER THE STATE'S PROJECT, DESIGNATED AS CONTROL 916 -20-2, N -AD 29(3), NUECES COUNTY, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 220 STREET BOND FUND THE SUM OF $1500, APPLICABLE TO PROJECT N0. 220 -67 -106, OCEAN DRIVE IMPROVEMENTS, ALAMEDA TO N.A.S., AS THE CITY'S PARTICIPATION IN THE COST OF THE CONTRACT CHANGE ORDER, WHICH AMOUNT IS TO BE PLACED IN ESCROW, PAYABLE TO THE STATE TREASURER, TRUST FUND ACCOUNT N0. 927. SECTION 3. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE AFORESAID CONTRACT AND TO MAKE APPROPRIATION OF THE SUMS HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION 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 SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE 9622 EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE A-AhCJ DAY OF JANUARY, 1970. ATTEST: C SECR ARY � \ Y V"i.� IT THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM T IS &: DAY OF JANU ARY1 1970: CITY AT OR C 916 -20 -2 N -AD 29 (3) Nueces County STATE OF TEXAS COUNTY OF TRAVIS X THIS AGREEMENT, made this day of , 1970, 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, the original contract provided for removing all of an existing timber structure on Ocean Drive. The City, however, now desires that a portion of the old structure be left as a fishing pier as outlined in Field Change Request No. 2 and permission for such purpose has been secured by the City from the Coast Guard. The estimated additional construction cost amounts to One Thousand Five Hundred and No /100 Dollars ($1,500.00) which is to be paid by the City. NOW THEREFORE, it is understood that the proposal outlined in Field Change Request No. 2 will be accomplished 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 One Thousand Five Hundred and No /100 Dollars ($1,500.00) to be used in paying for the estimated additional construction cost required by the City. In the event upon completion of this work it is found that the amount 1. previously collected 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 actual share of the additional cost 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. 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 ATTEST: and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway City Secretary Commission: APPROVED: By: DAY OF JANUARY, 1970: Asst. State Highway Engineer under authority of Commission Minute 60394 Recommended for execution: DIRECTOR of FINANCE Director, Finance 2. Corpus Christi, Texas day of , 197.6 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, )A OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the ollowing 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 follow: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore is ` CITY OF CORPUS CHRISTI, TEXAS r CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 26, 1970 I certify to the City Council that $ 1500.00 , 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 No. 220 Street Bond Project No. 220 -67 -106 Project Name Ocean Drive Improvements, Alameda to N.A.S. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. b �9� Direct or nce FIN 2 -55 Revised 7 -31 -69 &'�-J CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ , 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 Project No. Project Name from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19 Director of nance FIN 2 -55 Revised 7 -31 -69