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HomeMy WebLinkAbout12071 ORD - 05/22/1974• JRR:jkh:hb:5 /21/74:lst • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR CON- STRUCTION OF VIOLET ROAD (F.M. 24) FROM LEOPARD STREET (LOOP 407) TO I.H. 37, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING $86,500 OUT OF THE N0. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, APPLICABLE TO PROJECT NO. 220 -70 -116; 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, acting by and through the Texas Highway Commission for construction of Violet Road (FM 24) from Leopard Street (Loop 407) to T.H. 37, all as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit 'W'. SECTION 2. There is hereby appropriated the sum of $86,500 out of the No. 220 Street Bond Fund for the aforesaid construction, being designated as Project No. 220 -70 -116, as the City's estimated share of the construction cost, which amount is to be placed in escrow with the State Treasurer, Account of Trust Fund No. 927. SECTION 3. The necessity to immediately authorize the execution of the aforesaid agreement and to provide the necessary sums in order that the construction contract 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 12071 A 1556 -1 -6 Nueces County STATE OF TESAS COUNTY OF TRAVIS 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, storm sewer work, sidewalks, driveways and incidental items within the limits from Loop 407 north to Interstate Highway No. 37 on Farm to Market Road No. 24, 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, ex- cluding preliminary engineering. The estimated construction cost of this work is Eighty Six Thousand Five Hundred and No /100 Dollars ($86,500.00), 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. 67968, 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. 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 Eighty Six Thousand Five Hundred and No /100 Dollars ($86,500.00), 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 execu- tion of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 67968, as it applies to the City, • copy of which is attached hereto and marked "Exhibit A" and made • part of this agreement. Q 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 STATE OF TEXAS STATE HIGHWAY COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: $y: Asst. State Highway Engineer under authority of Commission Minute 67022 Recommended for execution: (State) Director, Finance WHEREAS, in NUECES COUNTY, the City of Corpus Christi and Nueces County have requested the designation of a FARM TO MARKET ROAD and construction of a street type section extending from junction of Farm to Market Road 24 and Loop 407, north to Interstate Highway 37, a dis- tance of approximately 0.3 mile; and WHEREAS, an analysis of the request indicates that such facility would provide a desirable addition to the State Farm to Market Road System; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Corpus Christi and Nueces County: Provided the City and /or County will: 1. Furnish all necessary right of way clear of obstructions and free of cost to the State with acquisition procedures in accor- dance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide for the immediate construction of continuous curb and gutter, utility adjustments, storm sewers, etc., all as may be necessary for a.complete project with the exception of pavement and its support. 3.. 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. 4. 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. Provide for construction of a street type section within these limits at an estimated cost of $o 0. 000. 00. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. It is understood that tihe responsibility of the Texas Highway De- partment 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 and Nueces County. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Corpus Christi and Nueces County, IT IS ORDERED that a FARM TO MARKET ROAD be designated over these limits and the State Highway Engineer is directed to proceed with the develop- ment of plans for construction and after the City and County have fulfilled their responsibilities, proceed with construction in the most feasible and economical manner. Minute No. 67968 - Continued It is understood that the City and /or County may discharge their construction obligations as outlined herein in any manner as they may elect. In the event the City and /or County 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 and /or County 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 Nueces County and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 67968 September 5, 1973 COPY "EMBIT A" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ May 16, 1974 86,500 , 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 Project No. 220 -70 -116 Project Name Violet Road: Leopard to I.H. 37 - W.P.C.G. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2 -55 Revised 7/31/69 5 7 �9� i ector of IDAance Corpus Christi, Texas .Z2 day of 19luz 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. Respectfully, AA MAYOR �to,iem THE TY OF CORPUS C , TBXAS The Charter rule was suspended by the following vote: Jason Luby L� James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark