Loading...
HomeMy WebLinkAbout11953 ORD - 03/13/19740 JRR:jkh:hb:3 /12/74:1et AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH THE STATE OF TEXAS FOR THE CONSTRUCTION OF SOUTH STAPLES (METROPOLITAN HIGHWAY 29) FROM PADRE ISLAND DRIVE (S.H.358) TO SARATOGA BOULEVARD (S.H. 357), A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING AND REAPPROPRIATING $603,500, OF WHICH $288,500 IS APPROPRIATED FROM THE 140.220 STREET BOND FUND, FOR PROJECT NO. 220 -70 -107, AND $315,000 IS REAPPROPRIATED FROM THE NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 5641, CODE 502, ALL BEING FOR THE CITY'S ESTIMATED SHARE OF THE AFORE- SAID CONSTRUCTION COST; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with the State of Texas for the construction of South Staples (Metropolitan Highway 29) from Padre Island Drive (S.H. 358) to Saratoga Boulevard (S.H. 357), a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. There is hereby appropriated and reappropriated the sum of $603,500, of which $288,500 is appropriated from the No. 220 Street Bond Fund, for Project No. 220 -70 -107, and $315,000 is reappropriated from the No. 123 General Revenue Sharing Fund, Activity 5641, Code 502, all being for the City's estimated share of the aforesaid construction cost. SECTION 3. The necessity to immediately authorize the City Manager to execute the aforesaid agreement with the State of Texas in order that construction of the South Staples (Metropolitan Highway 29) project may commence 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED 11953 C 2343 -2 -1 M 5122(1) Nueces County STATE OF TEXAS COUNTY OF TRAVIS X • THIS AGREEMENT, made this day of , 1974, 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, drive- ways, sidewalks, and storm sewer work including incidental items within the limits from State Highway No. 358 to State Highway No. 357 on Metropolitan Highway No. 29, 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 Six Hundred Three Thousand Five. Hundred and No /100 Dollars ($603,500.00), including contingencies and con- struction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 67202, 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 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 Six Hundred Three Thousand Five Hundred and No /100 Dollars ($603,500.00), 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 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 conditions of State Highway Commission Minute No. 67202, 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 Party of the First Part By: City Manager ATTEST: City Secretary APPROVED: DAY OF MARCH, 1974: City Attorney STATE OF TEXAS STATE HIGHWAY COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating 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 67022 Recommended for execution: (State) Director, Finance C7 WHEREAS, in'NUECES COUNTY on South Staples Street, the City of Corpus Christi has requested assistance in widening pavement and the installation of Automatic Grade Crossing Protective Devices at the Texas - Mexican Railroad Crossing from State Highway 357 to State Highway 358, a distance of approximately 1.7 miles; and WHEREAS, South Staples Street is included in the Federal -Aid Metropolitan System and the requested improvements have been tentatively accepted for participation in the Federal Metropolitan Program; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Corpus Christi in such work; 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. Furnish all required right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and sidewalks, all as may be required, and agree to make such installations in accordance with governing policies and regulations of the Highway Department. 3. Maintain all of the work constructed as a part of the project and agree to regulate traffic, prohibit all parking and prevent encroachment on the right of way. 4. Adopt and enforce such ordinances and regulations as may be necessary for proper operation of the project. The Texas Highway Department will: 1. Prepare construction plans and specifications for the proposed work. 2. Provide for widening pavement and installing Automatic Railroad Grade Crossing Protective Devices at the Texas - Mexican Railroad, at an estimated cost of $869,500.00, subject to the eligibility of the proposed work for financing with Federal Metropolitan Funds. Minute No. 67202 - Continued Upon acceptance of the provisions of this Order by the appropriate officials of the City of Corpus Christi, IT IS ORDERED that South Staples Street extending from State Highway 357 to State Highway 358, a distance of approximately 1.7 miles, be and is hereby designated as a METROPOLITAN HIGHWAY and the State Highway Engineer is directed to enter into agreement with the City 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 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 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. 67202 February 28, 1973 COPY "E MBIT A" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 13, 1974 I certify to the City Council that $ 315,000 , 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 123 General Revenue Sharing Fund Project No. Activity 5641, Code 502 Project Name South Staples, Padre Island Drive to Saratoga from which it is proposed to be drawn, and such money is not appropriated for any other purpose. irector Finance 064N.E( FIN 2 -55 Revised 7/31/69 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 13, 1974 I certify to the City Council that $ 288,500 , 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 -107 Project Name South Staples, Padre Island Drive to Saratoga from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director Finance FIN 2 -55 Revised 7/31/69 Corpus Christi, Texas day of &z4_ / _ , 19 / 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. . Respectful', Lei I/ MAYOR THE CI`I 0 ORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez r/ Gabe Lozano, Sr. / J. Howard Stark / The above ordinance was passed by the following vote: Jason Luby James T. Acuff �G Rev. Harold T. Branch \; Thomas V. Gonzales Ricardo Gonzalez / Gabe Lozano, Sr. J J. Howard Stark /