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HomeMy WebLinkAbout10876 ORD - 05/24/1972JRR:vmp:5 /22/72:lst - F Al TEXAS: V AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE STATE HIGHWAY DEPARTMENT FOR THE CONSTRUCTION OF IMPROVEMENTS ON SOUTH STAPLES AND SWANTNER STREET EXTENDING FROM EIGHTEENTH STREET SOUTH- EAST TO ANNAPOLIS DRIVE AND ON FARM TO MARKET ROAD 665 FROM 650 FEET WEST OF MORGAN STREET TO 500 FEET NORTH OF MORGAN STREET, ALL BEING A PART OF THE TOPICS PROGRAM; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $137,700 WHICH REPRESENTS THE ESTIMATED COST OF THE CITY'S PARTICI- PATION IN THE CONSTRUCTION OF STREET IMPROVEMENTS AS WELL AS WATER LINE CONSTRUCTION AND OTHER INCIDENTAL ITEMS RELATED TO PROJECT NO. 220- 67 -94, WHICH AMOUNT HEREBY APPROPRIATED IS TO BE PLACED IN ESCROW AND PAYABLE TO THE TEXAS STATE TREASURER ACCOUNT OF TRUST FUND NO. 927 IN ACCORDANCE WITH THE TEXAS HIGHWAY COMMISSION MINUTE ORDERS NO. 64966 AND 64967 AS ADOPTED BY ORDINANCE NO. 10841; 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 to execute an agreement between the City and the State Highway Department for the construction of improvements on South Staples and Swantner Street extend- ing from Eighteenth Street southeast to Annapolis Drive and on Farm to Market Road 665 from 650 feet west of Morgan Street to 500 feet north of Morgan Street, all being a part of the "TOPICS" Program as approved by the Highway Commission Minute Orders 64966 and 64967, all as more fully set forth in the Agreement, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. There is hereby appropriated out of the No. 220 Street Bond Fund the sum of $137,700, which represents the estimated cost of the City's participation in the construction of street improvements as well as water line construction and other incidental items related to Project No. 220- 67 -94, which amount hereby appropriated is to be placed in escrow and payable to the Texas State Treasurer Account of Trust Fund No. 927 in accord- ance with the Texas Highway Commission Minute Orders 64966 and 64967 as adopted by Ordinance No. 10841. SECTION 3. The necessity to appropriate the sums hereinabove set out in order that the described street improvements may proceed without delay and the necessity to execute the Agreement for the purposes aforesaid creates a public emergency and an imperative public necessity requiring the r 1: JRR:vmp:5 /22/72:lst 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, 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, "Y- this the 4 YA-, day of May, 1972. ATTEST: City Secretary APPROVED: 2 iIDAY OF MAY, 1972: City Attorn O l ° MAYOR THE CITY OF CO U CHRISTI, TEXAS C 1052 -2 -29 & C 5016 -1 -2 T 9007(2) & T 9007(3) Nueces County STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT, made this day of , 1972, 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 ,,athe.Gity- desires__the> construction of surfacing curb and gutter, sidewalks, driveways, waterline replacement and incidental items within the limits from 18th Street southeast to Annapolis Drive in Corpus Christi on Highway No. TS 23 and also within the limits from 650 feet west of Morgan Avenue to 500 feet north of Morgan Avenue in Corpus Christi on Farm to Market Road No. 665, 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 con- structed this work for and on-behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated con- struction cost of this work is One Hundred Thirty Seven Thousand Seven Hundred and No /100 Dollars ($137,700.00), 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 Minutes Numbered 64966 and 64967, as they apply to the City, copies of which are 1. attached hereto and marked "Exhibit A" and "Exhibit B" respectively and made a part of this agreement. 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 One Hundred Thirty Seven Thousand Seven Hundred and No /100 Dollars ($137,700.00), 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, excluding preliminary engineering, 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 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, then the excess amount will be returned to the City. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minutes Numbered 64966 and 64967, as they apply to the City, copies of which are attached hereto and marked "Exhibit A" and "Exhibit B" respectively and made a part of this agreement. 2. IN TESTIMONY WHEREOF, the parties hereto have causdd 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 and/ .or carrying out the orders, established policies, or work programs heretofore ATTEST: approved and authorized by the State Highwag•Commission: By: Asst. State Highway Engineer City Clerk under authority of Commission Minute 60394 Recommended for execution: Director, Finance WHEREAS, in NUF.CES COUNTY, the City of Corpus Christi has requested assistance in the improvement of SOUTH STAPLES STREET and SWANTER STREET, extending from 18th Street, southeast to Annapolis Drive, a distance of approximately 0.8 mile; and WHEREAS, it has been determined that such work is eligible for participation in the Federal TOPICS Program; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Corpus Christi for development of such a project: Provided the City of Corpus Christi will: 1. Adjust all utilities as may be required and provide for the construction of curb and gutter, storm sewers, driveways and sidewalks and agree to make such installations in accor- dance with governing policies and regulations of the Texas Highway Department. 2. Maintain and operate all the work constructed as a part of -. - - then project - and-r agree"to,regdlate' ^trdfficland prevent encroach- ment on the right of way. 3. Adopt and enforce such ordinances and regulations as may be necessary for proper operation of the installation. The Texas Highway Department will: 1.' Provide for widening, resurfacing, channelization and the installation of a traffic signal system within these limits, at an estimated cost of $246,000.00. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Corpus Christi, IT IS ORDERED that Staples Street, extending from Interstate Highway 37 south of State Highway 358, a distance of approximately 6.8 miles, and Swanter Street, extending from 18th Street to Annapolis Drive, a distance of approximately 0.3 mile, be and are hereby designated as TOPICS STREETS and the State Highway Engineer is directed to enter into agreement with the City of Corpus Christi covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, proceed with construction as authorized herein in the most feasible and economical manner, financing the cost in the Federal TOPICS Program. 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. r ., .. y Minute No. 6466 - Continued 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. 64966 mw 31, 1971 COPY °EXHIBIT A" WHEREAS, in NUECES COUNTY on FARM TO MARKET ROAD 665, from 650 feet west of Morgan Street to 500 feet north of Morgan Street, a distance of approximately 0.4 miles, the City of Corpus Christi has requested assistance in reconstruction of the intersection including widening, resurfacing, channelization and installation of a traffic signal system; and WHEREAS, it has been determined that such work is eligible for participation in the Federal TOPICS Program; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the.City of Corpus Christi for development of such a project: Provided the City of Corpus Christi, will: 1. Adjust all utilities as may be required and provide for the construction of curb and gutter, storm sewers, driveways and sidewalks and agree to make such installations in accordance with governing policies and regulations of the Texas Highway Department. -• -2.. Maintain,, and. operate�all,the ••workaconstructed as a part of the project and agree to regulate traffic and prevent encroachment on the right of way. 3. Adopt and enforce such ordinances and regulations as may be necessary for proper operation of the installation. The Texas Highway Department will: 1. Provide for widening the intersection, resurfacing, channeli- zation and the installation of a traffic signal system, within these limits, at an estimated cost of $180,000.00. 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 enter into agreement with the City of Corpus Christi covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibil- ities, proceed with construction as authorized herein in the most feasible and economical manner, financing the cost in the Federal TOPICS Program. 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. 64967 Mai' 31, 1971 COPY "EXHIBIT B" CITY OF CORPUS CHRISTI: TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 17, 1972 I certify to the City Council that $ 137,700 , 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 -94 Project Name Staples Baldwin Intersection Improvement from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19 -72 erector of nance FIN 2 -55 Revised 7/31/69 CORPUS CHRISTI, CHR I ST I , TEXAS uz DAY OF 19 ?Z, 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; 1, 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. � ES PECT ULLY, MAYOR THE CITY OF ORP C RISTI�• TEXAS c THE CHARTER RULE WAS- SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: — BONNIE SIZEMORE ' CHARLES A. BONNIWELL . ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH, THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK