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Home My WebLink About13175 ORD - 05/12/1976• dKH:v15:5- 11- T6:lst • kNalk)t}I .IR11 0 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE - MENT WITH THE STATE OF TEXAS FOR THE CONSTRUCTION OF AIRLINE ROAD FROM PADRE ISLAND DRIVE TO WILLIAMS DRIVE N.H. 143), A SUBSTANTIAL COPY OF WHICH AGREE- MENT IS ATTACHED HERETO, MARKED "A ", AND MADE A PART HEREOF; APPROPRIATING $67,200 OUT OF TEE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220 -72 -8, SAID SUM TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND #927, FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST; 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 Airline Road, from Padre Island Drive to Williams Drive (M.H. 143), a sub- stantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated the stmt of $67,200 out of the No. 220 Street Bond Fund, applicable to Project No. 220 -72 -8, said sum to be placed in escrow with the State Treasurer, Account of Trust Fund #927, for the City's estimated share of construction cost. SECTION 3. The necessity to authorize execution of the agreement and the appropriation of the City's estimated share of construction all as aforesaid in order that the needed public street improvements may be con- structed 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 finally on the date of its introduction and take effect and be in full force and effect from MICROFILMED JUN 1 61980 13175 • and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the Z_day of May, 1976. Mill APPROVED: 17' DAY OF MAY, 1976: J. BRUCE AYCOCK, City Attorney By l J P49. Assistant City Attorney • MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS /41tDAY OF 19Al_ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 18 INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. - RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LueY OR. BILL TIPTON EDUARDO DE AsES RUTH GILL BOB GULLEY - GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSCO BY THE F LLOWING VOTE: JASON Way DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB. GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE • • M R024(l) 8024 -16 -1 Nueces County STATE OF TEXAS 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 has requested and desires that the Metropolitan Highway No. 143 within the limits from Padre Island Drive to Williams Drive be constructed to Urban Standards, which standards, in addition to the paving, include curb, gutters, sidewalks, driveways and incidental items. The State will construct or have constructed this work to the above standards for and on behalf of the City. The estimated construction cost to the City for this work is Sixty -Seven Thousand Two Hundred and No /100 Dollars ($67,200.00), as apportioned by Commission Minute Order No. 69392, including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69392, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 1. 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 Sixty Seven Thousand Two Hundred and No /100 Dollars ($67,200.00), 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 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 Minute No. 69392, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties to be executed in duplicate on the day CITY OF CORPUS CHRISTI Party of the First Part By: City Manager ATTEST: City Secretary 3. hereto have caused these presents above stated. 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, 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 r quested assistance in reconstruction of grading, structures and Sur �~ on Airline Road from Padre Island Drive to Holly Road, a distance o approximately 0.8 mile; and WHEREAS, it is anticipated that Airline Road will be included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Corpus Christi in such work; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Corpus Christi: Provided the City will: 1. Furnish all required right of way clear'of obstructions with ac- quisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Conform to Texas Highway Department policies and regulations regarding utility adjustment and construction. 3. Maintain all of the work constructed as part of the project and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with gov- erning policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will: 1. Prepare construction plans and specifications. Provide for reconstruction within the above limits at an estimated cost of $299,200.00 as authorized in the Texas Highway Department 1974 Urban System Program. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Corpus Christi, the State Highway Engineer is directed to enter into agreement 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 they may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized 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. 69392 October 1, 1974 "EXHIBIT A" u r1 �J CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 12, 1976 I certify to the City Council that $ 67,200 , 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 -8 Project Name Airline Road, Padre Island Drive to Williams Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. AU- / 2, e 19-Zf—1 `!o,e:r Difecrtor of Fi nce . f// FIN 2 -55 b Revised 7/31/69 j /A