HomeMy WebLinkAbout13619 ORD - 02/16/1977• JXH:hb:2 /15/77+ � . •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW
AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND
THROUGH ITS STATE HIGHWAY 6 PUBLIC TRANSPORTATION
COMMISSION CONCERNING THE CONSTRUCTION OF STREET
IMPROVEMENTS ON COOPERS ALLEY FROM TANCAHUA TO
MESQUITE, 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";
APPROPRIATING $50,800 OUT OF THE NO. 220 STREET BOND
FUND APPLICABLE TO PROJECT NO. 220 -72 -4 FOR THE
CITY'S SHARE OF THE CONSTRUCTION COST WHICH AMOUNT
IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER
ACCOUNT OF TRUST FOND 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 escrow agreement with the State of Texas in connection with
the construction of street improvements on Coopers Alley from Tancahua
to Mesquite; 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 $50,800 out of
the No. 220 Street Bond Fund, applicable to Project No. 220 -72 -4, for
the City's share of the construction coat, 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 herein -
above 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 thin ordinance be passed finally on the date of its intro-
duction and take effect and be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED this the X_day of February, 1977.
ATTEST: �
Ci Secre • MAYOR Pro- �eN
APP VID:AY RUARY, 1977: THE CITY OF CORPUS CHRISTI, TEXAS
B ° ° MICROFILMED
Assistant City o ey
X3619 'JUL 0 1 iS90
M R052 (1)
8052 -16-1
Nueces County
STATE OF TEXAS i
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 salvage and place
topsoil, handrail on ridge, drainage, concrete curb and gutter, sidewalk,
concrete median, brick median and incidental items within the limits
on Coopers Alley from Tancahua Street in Corpus Christi to Mesquite
Street on Metropolitan Highway No. 281, 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 Fifty Thousand Eight Hundred and No /100 Dollars
($50,800.00), 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. 70323, 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 Fifty Thousand Eight Hundred and No /100
Dollars ($50,800.00), 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 coat 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. 70323,
as it applies to the City, a copy of which is attached hereto and
marked "Exhibit All 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 , 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By.
Assistant City Attorney
Harold tick, Director of Finance
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
4 �
WHEREAS, in NUECES COUNTY. the City of Corpus Christi has re-
quested assistance in reconstruction on Coopers Alley from Tancahua
Street, east to Mesquite Street, a distance of approximately 0.3 mile;
and
WHEREAS, it is anticipated that Coopers Alley will be 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.. Furnish all required right of way clear of obstructions with
acquisition procedures to be in accordance with applicable
Federal and State laws governing the acquisition policies for
acquiring real property.
�1. Conform to the State Department of Highways and Public Trans-
.,portation policies and regulations regarding utility adjust -
ments and construction responsibility.
3.' 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:
ti.
1. Prepare construction plans and specifications.
2. Provide for reconstruction of grading, structures and sur-
facing at an estimated cost of $70,500.00 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, 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 responsi-
bilities, to proceed with construction as authorized herein in the most
feasible and economical manner.
Minute No. 70323 - 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. 70323
August 1, 1975
COPY !'EXHIBIT A"
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUME
(City Charter Article IV Section 21)
I certify to the City Council that $ 50,800.00 , 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 220 Street Ronfl FunA
Project No. 220 -72 -4
Project Name Coopers AlleviMesnuite to Mant-ahun
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
t 19 r 6 , �917—
Director of ante
FIN 2 -55
Revised 7/31/69
CORPUS CHRISTI TEXAS
-16-LDAY OF \_ �9_:V
TO THE MEMBERS 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 Pro- em
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY TH 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 ASEB
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
If