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HomeMy WebLinkAbout13041 ORD - 02/18/1976. 2/16/76 • JIOI:vp:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE CONSTRUCTION OF NORTH STAPLES STREET FROM I.H. 37 TO WEST BROADWAY (M.H.144) AND STARLITE LANE FROM LEOPARD STREET TO SUNNY DRIVE (M.H. 152), A SUBSTANTIAL, COPY OF WHICH AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; APPROPRIATING A TOTAL OF $325,200 OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $78,270 IS APPLI- CABLE TO NORTH STAPLES STREET, PROJECT NO. 220 -72 -6, AND $246,930 IS APPLICABLE TO STARLITE LANE, PROJECT NO. 220- 72 -10; OF SAID TOTAL APPROPRIATION $324,300 IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST, AND $900 IS FOR FENCE RELOCATION IN CONNECTION WITH STARLITE LANE STREET IlNPROVIIENTS, PROJECT NO. 220- 72 -10; 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 agreement with the State of Texas for the construction of North Staples Street, from I.H. 37 to West Broadway (M.H. 144), and Starlite Lane from Leopard Street to Sunny Drive (M.H. 152), a substantial copy of which agreement is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That there is hereby appropriated a total of $325,200 out of the No. 220 Street Bond Fund, of which $78,270 is applicable to North Staples Street, Project No. 220 -72 -6, and $246,930 is applicable to Starlite Lane, Project No. 220- 72 -10; of said total appropriation $324,300 is to be placed in escrow with the State Treasurer, Account of Trust Fund No. 927, for the City's estimated share of construction cost, and $900 is for fence relocation in connection with Starlite Lane Street Improvements, Project No. 220- 72 -10. SECTION 3. The necessity to authorize execution of the aforesaid agreement and to provide the necessary funds in order that the street con- struction outlined 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, and having requested the suspension of the Charter rule and that this ordinance be passed 13041 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 Lday of February, 1976. ATTEST: Ci ecret y MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: itDAY OF FEBRUARY, 1976: Ir City Attorney M R016(1) 8016 -16 -1 M R035(1) 8035 -16 -1 Nueces County STATE OF TEAS X X COUNTY OF TRAVIS X THIS AGREEMENT, made this day of , 1976, 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 storm sewers, inlets, curb and gutter, sidewalks, reconstruction of Winnebago Street and incidental it on North Staples Street from Interstate Highway No. 37 to West Broadway on Metropolitan Highway No. 144 and on Starlite Lane from Leopard Street to Sunny Drive on Metropolitan Highway No. 152, 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 Three Hundred Twenty Four Thousand Three Hundred and No /100 Dollars ($324,300.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minutes Numbered 70503, 70504, and 70933, as they apply to the City, copies of which are attached 1. E)(H i a / r "A" hereto and marked "Exhibit A ", "Exhibit B" and "Exhibit C" respectively and made a part of this agreement. 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 Twenty Four Thousand Three Hundred and No /100 Dollars ($324,300.00), 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 execution of this agreement agrees to the terms and conditions of Commission Minutes Numbered 70503, 70504 and 70933, as they apply to the City, copies of which are attached hereto and marked "Exhibit A ", "Exhibit B" and "Exhibit C" respectively 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 By: City Manager ATTEST: City Secretary 3. TRANSPORTATION 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 and Public Transportation Commission: By: Asst. Engineer - Director under authority of Commission Minute 70104 Recommended for execution: (State) Director, Finance WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- quested assistance in reconstruction on.Starlite Lane from Loop 407 to. Sunny Drive, a distance of approximately 0.7 mile; and WHEREAS, Starlite Lane is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Corpus Christi in such work; NOW, THEREFORE, the Engineer- Director is directed to tender the following proposal to the City of Corpus Christi: Provided the City will: 1. Conform to State Department of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction responsibility. 2. Maintain all 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 accor- dance with governing policies and regulations of the Depart- ment. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed wcrk for financing with said funds, the State Department of Highways and Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide for reconstruction of grading, structures and sur- facing at an estimated cost -of $165,500.00 as authorized in the 1975 -1976 Urban System Program. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Corpus Christi, IT IS ORDERED that Starlite Lane extending from Loop 407 to Sunny Drive, a distance of approximately 0.7 mile, be and is hereby designated as a METROPOLITAN HIGHWAY and the Engineer - Director is directed to enter into any necessary agreements 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. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it.may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer- Director is hereby autho- rized 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. 70503 September 30, 1975 COPY "EXHIBIT A" WHEREAS, in NUECES COUNTY, the City of Corpus Christi has ro questQd assistance in reconstruction on North Stapl -es Street from Inter- state Highway 37, north to West Broadway, a distance of approximately 0.4 mile; and and WHEREAS, North Staples Street is included in the Urban System; . WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Corpus Christi in such work; NOW, THEREFORE, the Engineer- Director is directed to tender the following proposal to the City of Corpus Christi: Provided the City will: I. Conform to State Department of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction responsibility. 2. Maintain all 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 accor- dance with governing policies and regulations of the Depart- ment. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: - I. Prepare construction plans and specifications. 2. Provide for reconstruction of grading, structures and sur- facing at•an estimated cost of $91,800.00 as authorized in the 1975 -1976 Urban System Program. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Corpus Christi, IT IS ORDERED that North Staples Street extending from Interstate Highway 37, north to West Broad- way, a distance of approximately 0.4 mile, be and is hereby designated as a METROPOLITAN HIGHWAY and the Engineer- Director is directed to enter into any necessary agreements 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. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work-in the State's construction contract, the Engineer- Director is hereby autho- rized 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. 70504 September 30, 1975 WHEREAS, in NUECES COUNTY, in the City of Corpus Christi, an item in the 1975 -1976 Urban System Program and Minute Order 70504 provide for recon- struction on North Staples Street from Interstate Highway 37, North to West Broadway, a distance of approximately 0.4 mile; and WHEREAS, the City of Corpus Christi has subsequently requested additional reconstruction on Winnebago Street from North Alameda, East to North Staples, a distance of approximately 0.1 mile, such work to be performed in conjunc- tion with the work on North Staples Street and financed with funds provided by the City; and WHEREAS, the State Department of Highways and Public Transportation desires to cooperate in the request; NOW, THEREFORE, IT IS ORDERED that the Engineer- Director 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. 70933 January 22, 1976 COPY a "EXHIBIT C" • CITY OF CORPUS CM;aSTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ February 17, 1976 246,930 , 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 Fund Project No. 220 -72 -10 Project Name Starlite Lane from Leopard Street to Sunny Drive 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 r4 l9� Direct r of 7 6`t-- CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 17, 1976 I certify to the City Council that $ 78,270 , 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 Fund Project No. 220 -72 -6 Project Name North Staples from I.H. 37 to West Broadway from which it is proposed to be drawn, and such money is not appropriated for any other purpose. �9-Zlk rector of F ce / FIN 2 -55 1LO Revised 7/31/69 /1�I • CORPUS CHRISTI, TEXAS LD Y OF 9�e 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 C17Y 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 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE