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Home My WebLink About11100 ORD - 09/27/1972JRR:JKH:9- 27 -72; 1ST .. . • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH THE STATE OF TEXAS ACTING BY AND THROUGH ITS STATE HIGHWAY COMMISSION, WHEREBY THE STATE WILL CONSTRUCT STREET IMPROVEMENTS ON AYERS STREET FROM PORT AYERS TO NORTON DRIVE, PROJECT NO. 220 -70 -121; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $181,200 REPRESENTING THE CITY'S PORTION OF THE ESTIMATED CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW AND PAYABLE TO THE TEXAS STATE TREASURER ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY COMMISSION, FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON AYERS STREET FROM PORT AYERS TO NORTON DRIVE, PROJECT No. 220 -70 -121, 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 $151,200, WHICH REPRESENTS THE ESTIMATED COST OF THE CITY'S PARTICIPATION IN THE CONSTRUCTION OF STREET IMPROVEMENTS, 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 HERETO ATTACHED AGREEMENT. SECTION 3. THE NECESSITY TO APPROPRIATE THE SUMS HEREINABOVE SET OUT AND TO AUTHORIZE THE EXECUTION OF THE HEREIN DESCRIBED-AGREEMENT IN ORDER THAT THE DESCRIBED STREET IMPROVEMENTS MAY PROCEED WITHOUT DELAY 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 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 M A G co BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFT ER. 1T3 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THEa I -W-oAY OF SEP ER, 972. ATTEST: CITY SECRETAR MAYOR THE CITY OF COR HRISTI, TEXAS APPROVED: DAY OF SEPTEMBER, 1972: CITY ATTORNEY • C 326 -4 -1 M 5121(1) Nueces County STATE OF TEXAS X 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, the City desires the construction of curb and gutter, storm sewer work, sidewalks, driveways and incidental items 'within the limits from Port Ayera_ to Norton Drive on Metropolitan Highway 12, 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, excluding preliminary engineering. The estimated construction cost of this work is One Hundred Eighty One Thousand Two Hundred and'No /100 Dollars ($181,200.00), including contingencies and.coustruction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 66090, 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• - r 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 or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of'One Hundred Eighty One Thousand Two Hundred and No /100 Dollars ($181,200.00), to be used in paying for the pro- posed 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 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 2. conditions of State Highway Commission Minute No. 66090, as it applies to the City, a copy of 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 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, es- ATTEST: tablisbed policies, or work programs heretofore approved and authorized by the State Highway Commission: By: City Secretary Asst. State Highway Engineer under authority of Commission Minute 60394 Recommended for execution: Director, Finance 3. WHEREAS, in NUECES COUNTY, the City of Corpus Christi has requested assidance in the reconstruction of pavement and its support on Ayers Street extending from Port Avenue to Norton Drive, a distance of approximately 0.9 mile; and WHEREAS, Ayers Street is included in the Federal -Aid Metropolitan System and the requested improvements have been tentatively accepted for participation in the Federal Metropolitan Program; WHEREAS, it is the desire of the Texas Highway Department to assist tie City of Corpus Christi in such improvements; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Corpus Christi for the development of such a project: Provided the City will: 1. Provide for the construction of curb and gutter, storm sewers, driveways, sidewalks, the adjustment of utilities, etc., all as may be necessary for a complete project with the exception of pavement and its support. 2. Maintain the entire project upon completion in a manner satisfactory to the Department. The Texas Highway Department will: 1. Prepare construction plans and specifications.. 2. Provide for the reconstruction of pavement and its support, at an estimated cost of $408,000.00, subject to the eligibility of the proposed work for financing with Federal Metropolitan Funds. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Corpus Christi, IT IS ORDERED that Ayers Street, extending from the old location of State Highway 286 at Port Avenue, northeast to Norton Drive, a distance of approximately 0.9 mile, be and is hereby designated as a METROPOLITAN HICM4AY, and the State Highway Engineer is directed to enter into agreement with the City covering the details of the proposed improvements, and after the City has fulfilled its responsibilities, proceed with reconstruction in the most feasible and economical manner, financing the cost in the Federal Metropolitan 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 3. • . . CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 22, 1972 I certify to the City Council that $ 181,200.00 , 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 Fund Project No. 220 -70 -121 Project Name Ayers Street Improvements from Port -Ayers to Norton Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. r D rector o 7C e FIN 2 -55 C L 1 � Revised 7/31/69 CORPUS CHRISTI, TEXAS a? DAY OF 19 2IZ 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 DF 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) Is THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED2 OR AT THE PRESENT MEETING OF THE CITY COUNCIL. o SPECT Y, YTHE CITY .OF RISTix TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE - CHARLES A. BONNIWELL ROBERTO BOSOUEZ, M.D. REV. HAROLD.T. BRANCH •— s THOMAS V. GONZA LES �i L�.[�R... • - GAGE LOZANO, SR. - J. HOWARD STARK - THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES RONNIE SIZEMORE CHARLES A. BONNIWELL _ _ /£f' ✓1_P.,vF ROBERTO BOSQUEZ, M.D. ,REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK