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HomeMy WebLinkAbout13010 ORD - 02/04/1976JRH:hb:2 14/76:1st , i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL COOPERATION AGREEMENT (221 AGREEMENT) WITH THE UNITED STATES OF AMERICA TO PROVIDE FOR THE RESTORATION AND NOURISHMENT OF CORPUS CHRISTI BEACH, AS AUTHORIZED BY SECTION 201 OF THE FLOOD CONTROL ACT OF 1965, IN ACCORDANCE WITH HOUSE DOCUMENT N0. 91 -415, 91st CONGRESS, 2nd SESSION, A SUBSTANTIAL COPY OF SAID LOCAL COOPERATION AGREEMENT (221 AGREEMENT) BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; CANCELLING THE APPROPRIATION OF $591,740 IN THE NO. 102 GENERAL FUND, AS INDICATED ON THE SUMMARY ATTACHED HERETO, MARKED EXHIBIT "B ", AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING $759,000 OUT OF THE NO. 102 GENERAL FUND, WHICH AMOUNT IS COMPOSED OF $591,740, AS CANCELLED ABOVE, TOGETHER WITH $167,260 EXISTING IN THE GENERAL FUND UNAPPROPRIATED FUND BALANCE, FOR TRANSFER TO TH$ NO. 291 PARR BOND FUND WHICH AMOUNT.WILL BE REIMBURSED AND THE APPOPRIATIONS REESTABLISHED IN THE NO. 102 GENERAL FUND UPON THE SALE OF PARR BOND FUNDS AUTHORIZED IN THE DECEMBER 9, 1972 BOND ELECTION; APPROPRIATING $1,489,000 OUT OF THE NO. 291 PARK BOND FUND, SAID SUM COMPOSED OF $730,000 FROM THE UN- APPROPRIATED PARR BOND FUND BALANCE AND $759,000 TRANSFERRED FROM THE NO. 102 GENERAL FUND HEREINABOVE AUTHORIZED, ALL BEING APPLICABLE TO PROJECT NO. 291- 72 -11; 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 Local Cooperation Agreement (221 Agreement) with the United States of America to provide for the restoration and nourishment of Corpus Christi Beach, as authorized by Section 201 of the Flood Control Act of 19659 in accordance with House Document No. 91 -415, 91st Congress, 2nd Session, a substantial copy of said Local Cooperation Agreement (221 Agreement) being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby cancelled the appropriation of $591,740 in the No. 102 General Fund, as indicated on the Summary attached hereto, marked Exhibit "B ", and made a part hereof. SECTION 3. That there is hereby appropriated and reappropriated $759,000 out of the No. 102 General Fund, which amount is composed of $591,740 as cancelled above, together with $167,260 existing in the General Fund Unappropriated Fund Balance, for transfer to the No. 291 Park Bond Fund, which amount will be reimbursed and the appropriations reestablished in the No. 102 General Fund upon the +ale of Park Bond Funds 13010 authorized in the December 9, 1972 Bond Election; and that there is hereby appropriated the sum of $1,489,000 out of the No. 291 Park Bond Fund, said sum composed of $730,000 from the Unappropriated Park Bond Fund Balance and $759,000 transferred from the No. 102 General Fund hereinabove authorized, all being applicable to Project No. 291- 72 -11. SECTION 4. The necessity to authorize execution of the agreement and to provide the necessary funds in order that the restoration and nourishment project 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 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 this the _5L_L_day of� , 1976. ATTEST: Ckty Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF , 1976: BEC. ASST,City Attorney RESTORATION OF CORPUS CHRISTI BEACH, TEXAS LOCAL COOPERATION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI, TEXAS THIS AGREEMENT entered into this day of , 19 , by and between the UNITED STATES OF AMERICA, hereinafter called the United States, represented by the Contracting Officer executing this agreement, and the City of Corpus Christi, Texas, hereinafter called the City, acting herein through its City Manager as authorized by an official ordinance of the City Council dated , a certified copy of which is attached hereto, W I T N E S S E T H THAT WHEREAS, restoration and nourishment of Corpus Christi Beach, Texas, has been authorized by Section 201 of the Flood Control Act of 1965, in accordance with House Document No. 91 -415, 91st Congress, 2nd Session; and, WHEREAS, the City hereby represents that it has the authority by virtue of Article 3266b, Vernon's Texas Civil Statutes, and the capability to furnish the non - Federal cooperation required by the Federal legislation authorizing the Project and by other applicable law including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91 -646), NOFT THEREFORE, the parties agree as follows: 1. In consideration of the United States commencing construction of the Project, the City, in accordance with said project authorization, agrees that: a. It will contribute in cash the required percentage of the first cost (including the costs for construction, engineering and design, and administration, and excluding the coat of lands, easements, rights -of- way, and relocations) of all items of work to be provided by the Corps of Engineers, presently estimated at 50 percent or $999,000, to be paid in a lump sum prior to start of construction or in installments prior to the start of pertinent work items in accordance with construction schedules as EXHIBIT "A" required by the Chief of Engineers, the final apportionment of cost to be made after the actual costs have been determined. b. It will contribute in cash the required percentage of beach nourishment costs for the first 10 years of project life, now estimated at 50 percent or $98,000 annually, such nourishment costs for the first 5 -year period of the project, estimated at $490,000, to be provided for advance nourishment at the time of first construction, and following contributions to be made prior to each nourishment operation. c. It will provide without cost to the United States all lands, easements, rights -of -way, and relocations required for construction and sub- sequent nourishment of the project, now estimated at $47,000. d. It will provide after the first 10 years of project life periodic nourishment of the restored beach as may be required to serve the intended purpose during the life of the project. e. It will provide without cost to the United States access and facilities necessary for realization of the public benefits upon which Federal participation is based and maintain continued public ownership of the beach and administer it for public use during the life of the project. f. It will prohibit water pollution which would affect the health of bathers. g. It will hold and save the United States free from claims for damages that may result from construction maintenance, and nourishment of the project, except damages due to the fault or negligence of the United States or its contractors. h. Fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a Federal agency under sections 202, 203, and 204 of the aforesaid Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Larr 91 -646), hereinafter called the Act. i. Relocation assistance programs offering the services described in section 205 of the Act shall be provided to such displaced persons. J. Within a reasonable period of time prior to displacement, decent, safe and sanitary replacement dwellings will be available to dis- placed persons in accordance with section 205(c) (3) of the Act. -2- • • k. In acquiring real property it will be guided, to the greatest extent practicable under State Law, by the land acquisition policies in section 301 and the provisions of section 302 of the Act. 1. Property owners will be paid or reimbursed for necessary expenses as specified in section 303 and 304 of the Act. 2. The City hereby gives the United States a right to enter upon, at reasonable times and in a reasonable manner, lands which the City owns or controls, for access to the Project for the purpose of inspection, and for the purpose of discharging the obligations of local cooperation assumed by the City if such inspection shows that the City for any reason / is failing to comply with paragraphs 1 -a through 1 -1 and has persisted in such failure after a reasonable notice in writing by the United States delivered to its City Council. No such action by the United States in such event shall operate to relieve the City of responsibility to meet its obli- gations as set forth herein or to preclude the United States from pursuing any other remedy at law or equity. 3. This agreement is subject to the approval of the Secretary of the Army. IN WITNESS WHEREOF, the parties hereto hAve executed this contract in duplicate as of the day and year first above written. THE UNITED STATES OF AMERICA BY Colonel, Corps of Engineers District Engineer Contracting Officer DATE: APPROVED: FOR THE SECRETARY OF THE ARMY THE CITY OF CORPUS CHRISTI, TEAAB By R. Mervin Townsend, City Manager ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS Day of , 1976 City Attorney APPROVED: Director of Finance • EXHIBIT "B" SUMMARY OF BUDGET MODIFICATIONS 102 GENERAL FUND 3251 - Elections MMTBIT "B" • 244 Office Supplies $ 1,000 301 Professional Services 14,990 328 Postage 50 ' 332 Rentals 3,000 362 Printing and Advertising 11000 Total $ 20,040 3343 - Fire Communication 506 Other Equipment �S 23,700 3345 - Fire Stations 503 Vehicles and Machinery $ 90,000 3,450 1,000 Total $ 94,450 506 Other Equipment $ 18,000 3,900 Total $ 21,900 3812 - Asphalt Rework and Shoulder Maintenance 503 Vehicles and Machinery $ 23,000 3,650 245 Maintenance Materials 50,000 Total $ 76,650 3815 - Asphalt Maintenance 245 Maintenance Materials $ 125,000 3552 - Garbage Collection 503 Vehicles and Machinery $ 150,000 3327 - Police Building 501 Land and Land Rights $ 20,000 345 Building Maintenance 10,000 Total S� 30,000 4181 - Bayfront Park 502 Building and Improvements $ 50,000 TOTAL J_591 ,740 Plus Unappropriated General Fund Balance $ 167,260 Plus Park Bond Fund (Fund Balances) 730,000 TOTAL $1,489,000 MMTBIT "B" • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) Zi February, 1976 I certify to the City Council that $ 759,000 , 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 102 General Fund Project No. Unappropriated Fund Balance Project Name See below from which it is proposed to be drawn, and such money is not appropriated for any other purpose. These Hinds are to be transferred to the No. 291 Park Bond Fund, Project No. 291 -72 -11 to supplement existing allocations for the Corpus Christi Beach Restoration Project. FIN 2 -55 Revised 7/31/69 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) T/ February 1976 I certify to the City Council that 1,489,000, 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, subject to City Council authorization of the cancellation of appropriations in the amount of $591,71+0 in the No. 102 General Fund and authorization of the transfer of $759,000 from the No. 102 General Fund Unappropriated Fund Balance to the No. 291 Park Bond Fund, to the credit of: Fund No. and Name 291 Park Bond Fund Project No. 291 -72 -11 Project Name Corpus Christi Beach Restoration from which it is proposed to be drawn, and such money is not appropriated for any other purpose. L CORPUS CHRISTI, TEXAS DAY OF �9 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, R THE CI FY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY JASON LuBY DR. BILL TIPTON EDUARDO OE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LueY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE VOTE: VOTE: