HomeMy WebLinkAbout13041 ORD - 02/18/1976. 2/16/76 •
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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