HomeMy WebLinkAbout10425 ORD - 08/18/1971zi -17 -71
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
$1112,000 AS THE CITY'S PORTION OF THE ESTIMATED COST OF
CONSTRUCTION OF STREET IMPROVEMENTS BY THE TEXAS HIGHWAY
DEPARTMENT ON N.A.S. DRIVE, FROM PADRE ISLAND DRIVE TO
THE SOUTH GATE OF N.A.S., PROJECT NO. 220-70 -120, IN
ACCORDANCE WITH TEXAS HIGHWAY COMMISSION MINUTE ORDER NO.
63326, ADOPTED BY RESOLUTION NO. 9647 BY THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI; APPROPRIATING OUT OF NO.
220 STREET BOND FUND THE SUM OF $142,000 FOR THE AFORESAID
PROJECT; 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 AN ESCROW AGREEMENT WITH THE STATE HIGHWAY COMMISSION
FOR THE PLACING IN TRUST FUND N0. 9271 PAYABLE TO THE STATE TREASURER,
THE AMOUNT OF $142,000 AS THE CITY'S PORTION OF THE ESTIMATED COST OF
CONSTRUCTION OF STREET IMPROVEMENTS BY THE TEXAS HIGHWAY DEPARTMENT ON
N.A.S. DRIVE, FROM PADRE ISLAND DRIVE TO THE SOUTH GATE OF N.A.S., PROJECT
N0. 220 -70 -120, IN ACCORDANrE WITH TEXAS HIGHWAY COMMISSION MINUTE ORDER
N0. 63326, WHICH WAS ADOPTED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI BY THE ADOPTION OF RESOLUTION NO. 9647, A COPY OF SAID ESCROW
AGREEMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF.
SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 220 STREET
BOND FUND THE SUM OF $142,000 FOR THE PURPOSES AFORESAID, WHICH SUMS ARE
HEREBY AUTHORIZED TO BE PLACED IN ESCROW, PAYABLE TO THE STATE TREASURER,
ACCOUNT OF TRUST FUND N0. 927.
SECTION 3. THE NECESSITY TO IMMEDIATELY EXECUTE THE ESCROW
AGREEMENT ANDTO PROVIDE THE NECESSARY FUNDS AS THE CITY'S SHARE OF THE COST
OF CONSTRUCTION OF STREET IMPROVEMENTS AS HEREINABOVE SET FORTH 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 BUT 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
10425
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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 �Q iiA/ DAY OF AUGUST, 1971:
ATTEST:
K."7'
CITY EC ET Y IL
APPR VED:
�L Z D OF AUGkl�ST, 171:
CIT ATTORNEY
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✓1tiLeJ ✓�/
MAYOR
THE CITY OF COZ S HRISTI, TEXAS
C 617 -1 -40
U 1113(26)
Nueces County
STATE OF TEXAS J(
COUNTY OF TRAVIS )
THIS AGREEMENT, made this day of ,
1971, 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 City desires the construction of concrete curb
and gutter, storm sewers, sidewalks, driveways and incidental items
within the limits from South Gate of US Naval Air Station to Lakeside
Drive near Park Road 22 on State Highway No. 358, 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
One Hundred Forty Two Thousand and No /100 Dollars ($142,000.00),
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. 63326, as it applies to the City, a copy of which is attached
hereto and marked "Exhibit A" and made a part of this agreement.
NOW THEREFORE, it is understood that this proposed work
I
A
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 One Hundred Forty Two Thousand
and No /100 Dollars ($142,000.00), to be used in paying for the
proposed work required by the City in the City of Corpus Christi.
It is further understood that the State will construct only
those items for the City as requested and required by the City
and the entire cost of such items will be borne by the City.
If the State elects to receive bids and if upon receipt of
bids by the State and /or the actual construction and /or
approved changes in the contemplated improvements it is found
that this amount is insufficient to pay the City's portion,
then the City upon request of the State will forthwith supple-
ment this amount by an amount equal to the City's full estimated
or actual share of the cost of this work less the amount pre-
viously paid into Trust Fund No. 927. In the event the amount
as paid is more than the actual cost, then the excess amount
will be returned to the City. It is further understood that
the work to be done on behalf of the City, as herein provided,
will include the cost of contingencies and construction engi-
neering. It is further understood that the City by the execu-
tion of this agreement agrees to the terms and conditions of
State Highway Commission Minute No. 63326, as it applies to the
City, a copy of which is attached hereto and marked "Exhibit A"
2.
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and made a part of this agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the day above stated.
CITY OF CORPUS CHRISTI STATE OF TEXAS
Party of the First Part STATE HIGHWAY COMMISSION
Party of the Second Part
By:
City Manager
ATTEST:
City Secretary
APPR$VCD:
�L DAY OF AUGUST , 1971:
CITJI ATTORNEY
('
3.
Certified as being executed for
the purposK 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 Minute
60394
Recommended for execution:
Director, Finance
WHEREAS, in NUECES COUNTY on STATE HIGHWAY 358, the City of
Corpus Christi has requested reconstruction to provide a divided facility
from Park Road 22 to the South Gate of Naval Air Station, a distance of
approximately 0.9 mile; and
WHEREAS, an analysis of the request indicates that such recon-
struction will materially add to traffic safety on this facility;
NOW, THEREFORE, the State Highway Engineer is directed to tender
the following proposal to the City of Corpus Christi:
Provided the City will:
1. Provide for the immediate construction of continuous curb
and gutter on the outside edge, 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. Reconstruct the present pavement and its support to provide
a divided facility.
2.. Maintain that portion of the work which is its responsibility
im accordance with present maintenance agreement.
It is understood that the responsibility of the Texas Highway
Department 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, the State Highway Engineer is
directed to proceed with the development of -plans for construction and after
the City has fulfilled its responsibilities. proceed with construction in
the most feasible and economical manner, financing the cost in the 1971 -1972
Consolidated Highway Program.
Minute No. 63326 - Continued
It is understood that the City may discharge its construction
obligations as outlined herein in any manner as they may elect. In the
event the City desires the State to include their portion of the work in
the State's construction contract, the State Highway Engineer is hereby
authorized to enter into agreement with the City 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 if not accepted within 90 days of the date hereof,
the action herein contained shall be automatically cancelled.
Minute No. 63326
January 30, 1970
COPY "EXHIBIT A"
- CITY OF CORPUS CHRISTI, TEXAS
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CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
Ault 12, 1971
I certify to the City Council that $ 1+21000 , 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 Fund
Project No. 220 -70 -120
Project Name N.A.S. Drive from Padre Island Drive to South
Gate of N.A.S.
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
i 9 19 2
Direc or of F' ce
FIN 2 -55
Revised 7/31/69
r
CORPUS CHRISTI TEXAS
DAY OF 19_2L
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.
RE&PCCTFULLY,
b
MAYOR
THE CITY OF CORP HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI I VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LOZANO, $R.
J. HOWARD STARK