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
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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.
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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