HomeMy WebLinkAbout13570 ORD - 01/19/19771-17777:11 s:t
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW
AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH
ITS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION,
CONCERNING THE CONSTRUCTION OF STREET IMPROVEMENTS ON
KOSTORYZ ROAD FROM STATE HIGHWAY 358 TO HOLLY ROAD,
AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ",
AND MADE A PART HEREOF; APPROPRIATING $114,700 OUT OF
THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT
NO. 220 -72 -5, FOR THE CITY'S ESTIMATED SHARE OF THE
CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED 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,
SECTION 1. That the City Manager be, and he is hereby authorized
to execute an escrow agreement with the State of Texas, acting by and through
its State Highway and Public Transportation Commission, concerning the
construction of street improvements on Kostoryz Road from State Highway 358
to Holly Road, 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 $114,700 out of the
No. 220 Street Bond Fund, applicable to Project No. 220 -72 -5, for the City's
estimated share of the construction cost, which amount is to be placed in
escrow with the State Treasurer, Account of Trust Fund No. 927.
SECTION 3. The necessity to immediately authorize the City
Manager to execute the aforesaid agreement and to appropriate the hereinabove
described funds 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 and after its passage,
IT IS ACCORDINGLY SO ORDAINED, this the IQ tL day of January, 1977.
ATTEST:
City ecretary h1AY R
APP D:
DAY OF JANUARY, 1977: THE CITY OF CORPUS CHRISTI, TEXAS
J. BRUCE AYCOCK, CIT TORNEY MICROFILMED
BY: sis an i y orney 9= '�5i0J��
M R017(1)
8017 -16 -2
Nueces County
STATE OF TEXAS
X
COUNTY OF TRAVIS
THIS AGREEMENT, made this day of , 1977,
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,
concrete curb, concrete curb and gutter, sidewalks, driveways, sanitary
sewer and incidental items within the limits from Holly Road to State
Highway No. 358 on Metropolitan Highway 103 (Kostoryz Road), 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 One Hundred Fourteen Thousand Seven
Hundred and No /100 Dollars ($114,700.00), 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. 70322, 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 One Hundred Fourteen Thousand Seven Hundred
and No /100 Dollars ($114,700.00), 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 under-
stood that the City by the execution of this agreement agrees to the
terms and conditions of Commission Minute No. 70322, as it applies
to the City, a copy of which is attached hereto and marked "Exhibit A"
and made a part of this agreement.
\ 2
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
TRANSPORTATION COMMISSION
By:
Party of the Second Part
City Manager
Certified as being executed for the
purpose and effect of activating and/
ATTEST:
or carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State '
Highway and Public Transportation
Commission:
City Secretary
By:
Asst. Engineer- Director under
authority of Commission Minute
APPROVED:
70104
DAY OF JANUARY, 1977:
Recommended for execution:
J. BRUCE AYCOCK, City Attorney
By
Assistant City Attorney
(State) Director, Finance
3.
41111 Ill A%, in 11111 Cl `, CIII Ill IY, Lhe'Cil.y of Corlw -. I.hr•i %1.r ha•; r•r-
qur :Led a:;i L,uu,` in rrl.on.lru�Lion on Y.0 turyi Ro,rd Ir'nnl 1'nr1•r 1 %ldtld
Drive Lo llully Road, a d,isl.ance of approximately 0.8 wile; Will
WHEREAS, Kostoryz Road is included in the Urban System; and
WHEREAS, it is the desire of the State Department of llirlhway -. and
Public Transportation Lo assisL 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, prohibit parking and prevent
"encroachment on the right of way, all in accordance with
governing 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
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 $304,600.00 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 Kostoryz
Road extending from Padre Island Drive to Holly Road, a distance of approxi-
mately 0.8 mile, be and is hereby designated as a METROPOLITAN HIGH4;AY and
the Engineer- Director is directed to enter into any necessary agreements
with the City covering the details of the proposed improvements, to pro-
ceed with the engineeering development of the project and after the City
has fulfilled its responsibilities, to proceed with construction as autho-
rized 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. 70322
August 1, 1975
COPY
"EXHIBIT A"
CITF OF CO iIMS CHRISTI, TE}M
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
January 13, 1977
I certify to the City Council that t 114,700 , 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 o£:
Fund No. and Name
220 Street Bond Fund
Project No. 220 -72 -5
Project Name Aostoryz :South Padre Island Drive to Holly Road
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
�9.Z.,Z
Director o' anc
FIN 2 -55
1 Revised 7/31/69
• i
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI TEXAS
I
�gAl OF
I
19? 7
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SU3PEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PA33ED FINALLY ON THE DATE IT 13 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 THI3 ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MAYOR
ITHE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY T E 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 T FOLLOWING VOTE:
JASON Way
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE