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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