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Home My WebLink About12899 ORD - 11/12/1975JRH:hb:11/10 /75:1at AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANSPOR- TATION FOND PARTICIPATION IN UMTA PROJECT NO. TX-03- 0020 IN AN AMOUNT OF 13% OF AUTHORIZED COST INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT SYSTEM, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 a contract with the State Department of Highways and Public Transportation providing for State Public Transportation Fund participation in UMTA Project No. TX -03 -0020 in an amount of 13% of authorized coat incurred for capital improvements to the transit system, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the afore- said contract 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 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 %m4m., , 1975. APPROVED: �LDAY OF�i..IL@ A . 1975: City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 12899 CONTRACT STATE OF TEXAS X COUNTY OF TRAVIS X THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State ", and the City of Corpus Christi, hereinafter called the "City ". WITNESSETH WHEREAS, the City has made application for a Capital Improvement Grant through the Urban Mass Transportation Administration for financing the purchase of fifteen (15) buses and related equipment generally described in Attachment "A "; and, WHEREAS, the Urban Mass Transportation Administration has approved said application on June 30, 1975, identified the same as Project Number TX -03 -0020, and duly executed a contract between itself and the City of Corpus Christi for accomplishing the project; and, WHEREAS, in response to the City's request, Commission Minute Order 70395 authorized the State to provide approximately $155,000.00 dollars for assisting in financing said project; NOW, THEREFORE, the State and the City in consideration of the premises and mutual covenants and agreements of the parties hereto to be made by them respectively kept and performed, as hereinafter set forth, hereby agreed as follows: I. The State will reimburse the City for thirteen percent (13 %) of the authorized cost incurred for Capital Improvements described in Attachment "A ". The total reimbursement by the State is generally not to exceed the total funds authorized by Commission Minute Order Number 70395 in the amount of $155,000.00. In the event of any necessary adjustments to the "Approved Project Budget" (Attachment A, Page 2), such adjustments being within the scope of the original project, allowed, and approved by the federal agency, and so reflected in an amended federal project budget, the State funding share for the project will be similarly amended to reflect an adjusted but original proportionate share of the total project cost. The State will make payments to the City based upon properly prepared and executed Form 132. The State, through its District Engineer, will certify by the executed Form 132 that the items indicated E- )W /,Air t " on said Form for payment have been received by the City and the State and the City together have inspected and accepted the same as satisfactory. The City shall make available all records to authorized representatives of the State and Federal- agencies involved in this project. II. Project facilities and equipment shall be used for the provision of public transportation services described within the duly executed contract between the Urban Mass Transportation Administration and the City of Corpus Christi for federal project number T% -03 -0020. In the event that any project facilities and equipment are not used in the proper manner or are withdrawn from Public Transportation Services, the City shall immediately notify the State and shall remit to the State a proportional amount on the basis of the ratio of the grant made by the State to the actual total participating cost of the project. The fair market value shall be deemed to be the value of the property as determined by competent appraisal conducted as soon after such withdrawal or misuse occurs as feasible or the actual proceeds from the public sale of such property, whichever is approved by the State. III. The City shall save harmless the State or any agency of the government, from all claims and liability due to its negligent acts or negligent acts of its subcontractors, agents or employees. 2 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART State of Texas Certified as being executed for the purpose and effect of activating and /or carrying out the orders, estab- lished policies, or work programs hereto- fore approved and authorized by the State Highway and Public Transportation Commis- sion. By: Engineer- Director Under Authority of Commission Minute Order 70395 Date Recommended for Execution: District Engineer, District 16 Director, Finance Division State Planning Engineer Assistant Engineer- Director 3 PARTY OF THE SECOND PART CITY OF CORPUS CHRISTI By: R. Marvin Townsend Title: City Manager ATTEST: City Secretary APPROVED: DAY OF , 1975: City Attorney .I i�•w J :r THE ADMINISTRATOR ATTACHMENT A PAGE 1 DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION WASHINGTON. D.C_ 20790 , Mr. R. Marvin Townsend City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi', Texas 78408 Dear Mr. Townsend: `<' JUL 1975 JUN 3 U i975 RCce1VZ'0 3 IRV Alaoager Re: Project No. TX -03 -0020 I am pleased to advise you that your application for a capital grant under the Urban !lass Transportation Act of 1964, as amended, has been, approved in the maximwa amount of $947,176. We have reserved the full $947,176 for this project. To assist your staff in administering this project, we are enclosing a copy of our Guidelines for Project A�Inini.stration as well as ifin'A computer i oxi atio�orms cn s oul a completed and submitted to us. Two copies of the approved project budget are also attached. Also included are five (5) counterparts of an Offer of Contractual Assistance executed on behalf of this Administration. Each should be executed in accordance with appropriate proceedings and certified by your Attorney. In the event your Attorney is unable to make the certi- fication because of pending legislation or litigation which might affect the prosecution of the project, a concise description of the reasons should be forwarded to UMA. Three copies of the executed counterparts and two certified copies of the authorizing proceedings should be returned: to: Theodore A. Ahmter, MA, Assistant Chief Counsel, UDC -30, 400 - 7th Street, S.W., Washington, D.C. 20590 within sixty (60) days of the date appearing on this letter of transmittal. .In the event the counter- parts cannot be returned within the sixty (60) day period, Mr. Mumter. should be immediately notified by letter setting forth the reason for the delay and requesting an extension of the offer. We are looking forward to working with you in carrying out this worth - witile project. Sincerely, o/ � r. C. Herri g r Enclosures ATTACHMENT A PAPE 2 APPROWD rMTECr EUDGEI capital Grant Project \o. U -03 -0020 City of Coypus Christi, Texas The project budget and corresponding cost estimates are as follows: Project Budget Une Item Code 10.02.65 Purchase fifteen (15) 45- passenger air - conditioned diesel transit buses $ 900,000 10.02.04 Purchase fifteen (15) registering fare- boxes 16,000 10.02.03 Purchase thirty -five (35) two way radios, plus installation, frequency check and antema, placement 56,200 10.03.03 Purchase on automatic bus washer 40,000. • 10.09.01 Purchase fifteen (15) bus shelters 22,500 10.01.10 Purchase four (4) 12- passenger eir- conditioned mini -vans and two (2) air- conditioned vans for handicapped and elderly 48,000 . 32.00.00 Contingency 103,270 32:00.00 Revenue Financing (7,000) j APPPMTD FI.1 MMING ESTL W-'D MOSS PROJECT COST $1,190,970 Revenuo Financing $ 7,000• 1,1 3,970 ESTDINrrD NET rrarCT COST Federal Grant (8065) $947,176 Local Contribution (20 %) $236,79.1 �. tbxinum Federal funds to be expended under this grant $ 947,176 f , ' C SFI DISBUR%DFA r 4 First Quarter FY76 $947,176 CORPUS CHRISTI, TEXAS /Z DAY OF 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- S10N OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SMALL 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. - REBPECTFU Y, YOR THE Clil( OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE I THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE