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HomeMy WebLinkAbout12073 ORD - 05/22/1974IRR:jkh:5- 21 -74; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREE- MENT WITH THE STATE OF TEXAS IN CONNECTION WITH THE PLACEMENT OF A SKID - RESISTANT ASPHALTIC OVERLAY ON OCEAN DRIVE AND SHORELINE BOULEVARD, FROM I.H. 37 TO NORTH GATE OF THE NAVAL AIR STATION; AUTHORIZING THE PLACEMENT OF THE CITY'S ESTIMATED SHARE OF THE CONSTRUCTION COSTS, $57,800, IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, FROM FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11913, APPROVED BY THE CITY COUNCIL ON FEBRUARY 13, 1974; 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 Escrow Agreement with the State of Texas, acting by and through its Texas Highway Commission, in connection with the placement of a skid - resistant asphaltic overlay on Ocean Drive and Shoreline Boulevard, from I.H. 37 to the North Gate of the Naval Air Station, all as more fully set forth in the agreement, a copy of which is attached hereto, marked Exhibit "A ". SECTION 2. Authorization is hereby granted for placement of.City's estimated share of the construction costs, $57,800, in escrow with the State Treasurer, Account of Trust Fund No. 927, from the funds previously appropriated by Ordinance No. 11913, approved by the City Council on February 13, 1974. SECTION 3. The necessity to authorize the aforesaid agreement and to place the City's estimated share of the construction costs in escrow with the State Treasurer in order that the placement of the skid - resistant overlay may be commenced 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 but 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, and 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, this the Xday of May, 1974. MA OR Pro Teri HE -CITY OF CORPU C IRISTI, TEXAS 12073 C 3466 -1 -4 M 5126(1) Nueces County STATE OF TEXAS 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 asphaltic concrete pavement (connecting streets and parking lot) adjusting manholes and incidental items within the limits from Loop 443 (Belden Street) on Shoreline Boulevard to North Gate of Naval Air Station and Ocean Drive on MR 46, 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 Fifty Seven Thousand Eight Hundred and No /100 Dollars ($57,800.00), 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 68377 and 68615, 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. 1. NO(4 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 Fifty Seven Thousand Eight Hundred and No /100 Dollars ($57,800.00), 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 con- templated 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 re- turned 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 Minutes Numbered 68377 and 68615, 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 of this agreement. 2. • • 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 Seannd Part By: City Manager Certified as being executed for the purpose and effect of act - ATTEST: ivating and /or carrying out the orders, established poli- cies, or work programs here- tofore approved and authori- City Secretary zed by the State Highway Com- mission: By: Asst. State Highway Engi- neer under authority of Com- mission Minute 67022 Recommended for execution: (State) Director, Finance WHEREAS, in NUECES COUNTY on Shoreline Boulevard and Ocean Drive, the City of Corpus Christi has requested assistance in resurfacing pave- ment and installation of pavement markers from Belden Street to the Naval Air Station North Gate, a distance of approximately 10.5 miles; and WHEREAS, Shoreline Boulevard and Ocean Drive are included in the Federal -Aid Metropolitan System and the requested improvements have been tentatively accepted for participation in the-Federal-Aid 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: I. Provide for the adjustment of manholes and valves. 2. Provide for repairs to correct major failures in the pave- ment and its support prior to resurfacing pavement. 3. Maintain all of the work constructed as a part of the project and agree to regulate traffic, control parking, and prevent encroachment an the right of way. The Texas Highway Department will: 1. Prepare construction plans and specifications. . 2. Provide for resurfacing pavement and installation of pave- ment markers at an estimated cost of $371,100.00, subject to the eligibility of the proposed work for financing with Federal Metropolitan Funds. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Corpus Christi, IT IS ORDERED that Shoreline Boulevard and Ocean Drive extending from Belden Street, southeast to the Naval Air Station North Gate, a distance of approximately 10.5 miles, be and are hereby designated as a METROPOLITAN HIGHWAY, and the State High- way 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 in the most feasible and economical manner with resurfacing pavement and installation of pavement markers, financing the cost in the Texas Highway Department Metropolitan Program. 0 Minute No. 68377 - Continued 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. 68377 January 29, 1974 COPY "EYED BIT 9" WHEREAS, in NUECES COUNTY, Minute Order 68377 authorized resur- facing pavement and installation of pavement markers on Shoreline Boulevard and Ocean Drive (Metropolitan Highway 5126) in the City of Corpus Christi; and WHEREAS, the City of Corpus Christi has subsequently requested additional resurfacing work on adjacent City streets and property, such work to be performed in conjunction with the authorized project with funds provided by the City; and WHEREAS, it appears feasible and economical to perform the re- quested additional work, in conjunction with the authorized project. NOW, THEREFORE, IT IS ORDERED that the State Highway Engineer be and is hereby authorized to enter into agreement with the City of Corpus Christi covering the details of the proposed additional work and .its cost and to proceed with construction as planned. Minute No. 68615 April 4, 1974 COPY "E%HIBIT B" • Corpus Christi, Texas • day of tfzm , 19_4�7 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, MAYOR Flu-1 T CITY OF CORPUS CHNISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby 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