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Home My WebLink About12876 ORD - 10/29/1975JXH:hb:10 /27175:1at • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS IN CONNECTION WITH THE CONSTRUCTION OF STREET IMPROVEMENTS ON WALDRON ROAD (M.H. 141) FROM PURDUE ROAD TO CARIBBEAN DRIVE, A SUBSTANTIAL COPY OF SAID AGREE- MENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $344,500 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220 -72 -7, FOR 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 #927; 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 escrow agreement with the State of Texas in connection with the construction of street improvements on Waldron Road (N.H. 141) from Purdue Road to Caribbean Drive, a substantial copy of said agreement being attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. There is hereby appropriated the sum of $344,500 out of the No. 220 Street Bond Fund, applicable to Project No. 220 -72 -7, for 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 authorize execution of the aforesaid escrow agreement and appropriation of the sums aforesaid in order that the street, improvements on Waldron Road may be commenced at the earliest practicable date 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 that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date 12876 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 day of LG��'�e�c� , 1975. ATTEST: Cify Secretary MAYOR THE CITY OF CORPUS CHRISTI, TESAS APPROVED: �- i '—LAY OF , 1975: LVLL 4a, City Attorney M R025(1) 8025 -16 -1 Nueces County STATE OF TEXAS X X COUNTY OF TRAVIS Y THIS AGREEMENT, made this day of , 1975, 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 and Public Transportation Commission. WHEREAS, the City desires the construction of curb and gutter, drainage, sidewalks and incidental items within the limits from Purdue Road to Caribbean Drive on Metropolitan Highway No.141, 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 coat of this work is Three Hundred Forty Four Thousand Five Hundred and No /100 Dollars ($344,500.00)9 in- cluding contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69390, 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 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 Three Hundred Forty Four Thousand Five Hundred and No /100 Dollars ($344,500.00), 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 bide 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 under- stood that the City by the execution of this agreement,agrees to the terms and conditions of Commission Minute No. 69390, as it 2 • • 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 AND PUBLIC TRANSPORTATION COMMISSION By: Party, of the Second Part 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 Highway and Public Transportation Commission: By: City Secretary Asst. .Engineer-Director under authority of Commission Minute APPROVED: 70104 DAY OF Recommended for execution: City Attorney (State) Director, Finance Director of Finance 3. WHEREAS; in NUECES COUNTY, the City of Corpus Christi has requested assistance in reconstruction of grading, structures and surfacing on Waldron Road from Purdue Street to Caribbean Drive, a distance of approxi- mately 1.0 mile; and WHEREAS, it is anticipated that Waldron Road will. be included in the Urban System; and PHERMS, 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: Provided the City will: I. Furnish all required right of way clear of obstructions with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. - 2. Conform to Texas Highway Department policies and regulations regarding utility adjustments and construction. - 3. Mdintain ail of the 'work constructed as part of the project 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. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will: - 1. Prepare construction plans and specifications. 2. Provide for reconstruction within the above limits at an estimated cost of 5407,000.00 as authorized in the Texas High- way Department 1974 Urban System Program. 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 covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasible and economical manner. EXHIBIT ^A" Minute No. 69390 — 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 its 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. 69390 October 1. 1974 COPY °E MIBIT P CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 21, 1975 I certify to the City Council that $ 34+,5 , 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 Project No. Project Name No. 220 Street Bond 220 -72 -7 Waldron Road - Pardue Road to Caribbean Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 4Ll• Al , 19 zs 4 "), rector of +inane FIN 2 -55 1 Revised 7/31/69 - • CORPUS CHRISTI TEXAS =.AT Of t 9�� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEO A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL SE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF T14E 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. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LueY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FO OWING VOTE: JASON LueY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE