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HomeMy WebLinkAbout13093 ORD - 03/24/1976JKH:hb:3 /23/76:lst • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUC- TION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS LOCATED AT THE FOLLOWING LOCATIONS: 1. INTERSECTION OF PADRE ISLAND DRIVE (S.H. 358) WITH PAUL JONES AVENUE, AND 2. INTERSECTION OF PADRE ISLAND DRIVE (S.H. 358) WITH NILE DRIVE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF; APPRO- PRIATING AND REAPPROPRIATING $1,920, WHICH REP- RESENTS THE CITY'S 107 MATCHING SHARE FOR THIS PROJECT, OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220 -72 -14.2, WHICH AMOUNT IS TO BE PLACID IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 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 agreement with the State of Texas for the installation, construction, existence, use, operation and maintenance of traffic signals located at the following locations: 1. Intersection of Padre Island Drive (S.H. 358) with Paul Jones Avenue, and 2. Intersection of Padre Island Drive (S.H. 358) with Nile Drive, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That there is hereby appropriated and reappropriated out of the No. 220 Street Bond Fund the sum of $1,920, which represents the City's 107, matching share for the aforesaid project, designated as Project No. 220 -72 -14.2, which amount is to be placed in escrow with the State Treasurer, Account of Trust Fund No. 927. SECTION 3. That the necessity to authorize execution of the aforesaid agreement and to appropriate the sums set forth in order that the project may be completed at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter role that no ordinance or resolution shall be passed finally 13093 �1- ' K • 1 • 1 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 ACCORD- INGLY SO ORDAINED this the ALIF -y of nkA,C , 1976. ATTEST: City/ Secretary APPROVED: 2DAY OF /�. , 1976: J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City Attorney MAYOR THE CITY OF CORPUS CHRISTI, Tges SRS OOOS(62) 916 -35 -2 Nueces County STATE OF TEXAS X X COUNTY OF TRAVIS X THIS AGREEMENT, by and between the City of Corpus Christi, hereinafter called the "City ", Party of the First Part, acting by and through its City Manager and the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State ", Party of.the Second Part, made to become effective when fully executed by both parties: W I T N E S S E T H WHEREAS, Section 230 of the Federal -Aid Highway Act of 1973 provides for a demonstration program to correct safety hazards on all public roads or segments thereof not on a Federal -aid System; and WHEREAS, the State Highway and Public Transportation Commission recognizes the need for said program and desires to cooperate with the local government and to promote the program insofar as available State funds will permit and within legal limitations imposed by State statutes; and WHEREAS, the State Highway and Public Transportation Commission has established Departmental policy for said program and requires that for projects not a part of the State Highway System or the Federal -aid System, funds required to match available Federal aid will usually be provided from sources other than the State and such funds will be in the amount of 10% of the total estimated cost of the project including engineering and 1. contingencies and must be placed in escrow prior to commencement of project development; and WHEREAS, the City desires certain work as approved in the Statewide Highway Safety Improvement Program (Federal- Section 230) located at inter- sections of Padre Island and Paul Jones and Padre Island and Nile in the City of Corpus Christi. A G R E E M E N T NOW THEREFORE, it is agreed that the State will provide for said work 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 One Thousand Nine Hundred Twenty and No /100 Dollars ($1,920.00), which is 107 of the total estimated cost of the project including preliminary engineering, construction, con- struction engineering and contingencies. If, during project development or construction or upon completion of the project, it is determined that this amount is not sufficient to fulfill the City's responsibility, the City will, upon request of the State, supplement this amount by an amount equal to the City's full estimated cost less the amount previously paid. In the event the amount paid by the City is more than the City's responsibility, the excess amount will be returned to the City. In the event the City desires to abandon the project prior to letting a contract for construction, the City's responsibility for charges incurred for preliminary engineering will be deducted from the amount held in escrow and the remainder will be returned to the City. IT IS FURTHER agreed that the City will operate and maintain all of the work constructed as' part of the project in a manner suitable to the State. 2. • IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown hereinbelow. Executed on behalf of the City this day of 1976. CITY OF CORPUS CHRISTI Party of the First Part BY: City Manager ATTEST: City Secretary AP VED. DAY OF MARCH, 1976: J. BRUCE AYCOCK, C y Attorney By Assist �.tCity torney 3. STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and/ or carrying out the orders, establishe policies, or work programs heretofore approved and authorized by the State HI,ghway and Public Transportation Commission: Executed on behalf of 'the State this day of , 1976. By: Asst. Engineer - Director under authority of Commission Minute Order 70104 Recommended for execution: (State) Director, Finance CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 19, 1976 I certify to the City Council that $ 1,920.00 , 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 No'. 220 Street Bond Fund Project No. 220 -72 -14.2 Project Name Traffic Signal Equipment - South Padre Island Drive, Everhart Road, Agnes Street from which it is proposed to beaarawn eaendwsue Dmoney is not appropriated for any other purpose. a yv; 19 7' F , D:Oebtor of b FIN 2 -55 �� Revised 7/31/69 CORPUS CHRISTI, TEXAS DAY OF , 19Z TO THE MEM3M 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 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BT THE FOLLOWING VOTE: JASON LUSY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOBGULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOL OWING VOTE: JASON LUSY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE