HomeMy WebLinkAbout13093 ORD - 03/24/1976JKH:hb:3 /23/76:lst
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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
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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.
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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