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HomeMy WebLinkAbout13571 ORD - 01/19/1977JKH:vp:1/17/77 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS IN CONNECTION WITH THE CONSTRUCTION OF STREET IMPROVEMENTS ON PORT AVENUE (METROPOLITAN HIGHWAY NO. 102) FROM BUFORD STREET TO STATE HIGHWAY NO. 286, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRI- ATING $244,900 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220- 72 -16, 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 in connection with the construction of street improvements on Port Avenue (Metropolitan High- way No. 102) from Buford Street to State Highway No. 286, as more fully set forth in the agreement, a substantial copy of said agreement being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated $244,900 out of the No. 220 Street Bond Fund, applicable to Project No. 220- 72 -16, 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 —11 J_ day of January, 1977. MA THE CITY OF CORPUS CHRIMI, TEXILMED. M R009(2) 8009 -16 -1 Nueces County STATE OF TEXAS X COUNTY OF TRAVIS X 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, curb and gutter, sidewalks, driveways and incidental items within the limits from Buford Street (in Corpus Christi) to State Highway No. 286 on Metropolitan Highway No. 102, which is solely the City's responsibility and the City has requested the State to con- struct 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 Two Hundred Forty Four Thousand Nine Hundred and No /100 Dollars ($244,900.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minutes Numbered 70319 and 70320, as they apply to the City, copies of which are attached hereto and marked "Exhibit A" and "Exhibit B" respectively 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 Two Hundred Forty Four Thousand Nine Hundred and No /100 Dollars ($244,900.00), 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 for 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 understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minutes Numbered 70319 and 70320, as they apply to the City, copies of which are attached hereto and marked "Exhibit A" and "Exhibit B" respectively and made a part of this agreement. 2. 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 APPROVED: DAY OF JANUARY, 1977: J. BRUCE AYCOCK, City Attorney By: Assistant City Attorney 3. w cw 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 •tauthority of Commission Minute 70104 Recommended for execution: (State) Director, Finance - WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- quested assistance in reconstruction on Port Avenue from Agnes Street to Morgan Street, a distance of approximately 0.6 mile; and WHEREAS, Port Avenue is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist 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 the State Department of Highways and Public Trans- portation policies and regulations regarding utility adjust- ments and construction responsibility. 2. Maintain all of the work constructed as part of the project and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accor- dance with governing policies and regulations of the Depart- ment. 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 $76,100.00 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 Port Avenue extending from Agnes Street to Morgan, Street, a distance of ap- proximately 0.6 mile, be and is hereby designated as a METROPOLITAN HIGHWAY and the Engineer- Director is directed to enter into any necessary agreements with the City covering the details of the proposed improve- meets, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with con- struction as authorized herein in the most feasible and economical manner. ~— . . ' . ' . ` . Minute No. 70319 Continued —'--- — it is understood that the City may discharge its construction obligations as outlined xrroio in any manner as it may elect. In the event the City desire, 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 vnrx and its cost as may be agreed upon; This Order shall become operative upon acceptance by the City or Corpus Christi'and if not accepted within 90 days of the date hereof, the action xerein`mntaineu shall be automatically cancelled. lainut° No. 70319 . August 1, 197 copy I:hXWIBIT A" ` ' � WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- quested assistance in reconstruction on Port Avenue from Morgan Street to State Highway 286, a distance of approximately 0.9 mile; and WHEREAS, Port Avenue is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist 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 Trans- portation policies and regulations regarding utility adjust- ments and construction responsibility. 2. Maintain all of the work constructed as Dart of the project and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accor- dance with governing policies and regulations of the Depart- ment. 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 5404,100.00 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 Port Avenue extending from Morgan Street to,State Highway 286, a distance of approximately 0.9 mile, be and is hereby designated as a METROPOLITAN HIGHWAY and the Engineer- Director is directed to enter into any necessary agreements 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. Minute No. 70320 - Continued 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. 70320 August 1, 1975 COPY "EXHIBIT B" CORPUS CHRISTI TEXAS Iqd' DAY OF Iy77 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEI A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SU3PEN- 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 IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFL MIRY THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON Way DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY Uml GABE LOZANO, SR. EDWARD L. SAMPLE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS R (City Charter Article IV Section 21) r t- January 11, 1977 I certify to the City Council that $ 244,900.00 , 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 -16 Project Name Port Avenue - Buford Street to State Hiehwav 286f from which it is proposed to be drawn, and such money is not appropriated for any other purpose. / �9 r Director of Fi-nanc e FIN 2 -55 Revised 7/31/69