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Home My WebLink About13812 ORD - 06/29/1977JKH:vmr:6- 2q- 7,7;1st ' TEV.S : AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHrIAYS AND PUBLIC TRANSPORTATION IN CONNECTION WITH THE CONSTRUCTION OF STREET IMPROVEMENTS ON STAPLES STREET FROM KINNEY AVENUE TO 17TH STREET AND ALAMEDA STREET FROM SOUTH STAPLES TO LOUISIANA STREET, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $16,300 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220- 72 -47, FOR THE CITY'S ESTIMATED SHARE OF 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 ORDAIIvTED.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 Department of Highways and Public Transportation in connection with the construction of street improvements on Staples Street from Kinney Avenue to 17th Street and Alameda Street from South Staples to Louisiana Street, as more fully set forth in the agreement, a sub- stantial copy of said agreement being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated $16,300 out of the No. 220 Street Bond Fund, applicable to Project No. 220- 72 -47, 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 MICROFILMED JUL 071980 be passed finally on the date of its introduction and take effect and be in full force and effect frond after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _day of June, 1977. ATTEST: etary VED: DAY OF JUNE, 1977: J. BRUCE AYCOCK, CITY ATTORNEY Assistant CV torne- MAYOR TH& CITY OF CORPUS CHRISITI, TEXAS ' .. 1-f 4I, 'a i�, 'fie' _ ,n - �� i i�`tfq° - -- . -• M R018 (1) 8018 -16 -1 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 ealled 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 adjusting manhole and inlet, adjust manhole valve cover and incidental items within the limits from South Staples Street to South Louisiana Street on Metro- politan Highway No. 373 (Alameda Street), 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 it Eight Hundred and No /100 Dollars ($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. 71897, 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 Eight Hundred and No /100 Dollars ($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 theaentire 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 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 Minute No. 71897, 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. 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 hereto have caused these presents above stated. STATE OF TEXkS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for bhe 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 3. i STATE OF TEXAS X 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. I%THM EAS, the City desires the construction of adjusting manhole and inlet, adjust manhole valve cover and incidental items within the limits from Kinney Street to 17th Street on Metropolitan Highway No. 374 (Staples Street), 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 Fifteen Thousand Five Hundred and No /100 Dollars ($15,500.00), 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. 71898, 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. .+,.sa;•- r.�:,'s"�'ra �T�^'� .,;%'�'°�`m —;--z' fir?. w- e�FaF�', y�`-" ep ;;- "_"v'�.�°'--,.>r..•..�^. -�r� °;�w'�'L•_ �;t- � •?.5. ;. ,:fit :3> �. 8; -, •s ° � ..t: °�•+� �' .s,5, ' '`] %. - . "i ,y,«�` *F' z =,'� •P;7et,., Nt,,w. ._�`Fnn - a:t' >,4;� x � �,r�'^ -'• '0.'- �' >�,, - r s.^�`Y..�_..... _ . _ __,......,�..". , : �..:.;- .^':..» :,....,._ __..'.- �.:.�w',:'�:,`.'h =`t-': '�,..:T>_�_ - - -,. �: u". :�.T..Y'��z..........,......... �_..._..._..,..� .�,:.'�'w5^,.:v�.'C'•': � ..�'_, 6 W-i'' l� 1 ~F-+� *:fit! �• �� <. :JT.`�. E.. ." - :..�atF�'t.rF:.u: i': Fvnµk;:'` ..c ;: "I.'., . _•.a;.,_'G:.> :::n <3.A••'. '. > .> ry �_.'a- . ✓...,.. _.. �• X 4 E. f ii M R016 (2) is 8016 -16 -2 Nueces County 1. .+,.sa;•- r.�:,'s"�'ra �T�^'� .,;%'�'°�`m —;--z' fir?. w- e�FaF�', y�`-" ep ;;- "_"v'�.�°'--,.>r..•..�^. -�r� °;�w'�'L•_ �;t- � •?.5. ;. ,:fit :3> �. 8; -, •s ° � ..t: °�•+� �' .s,5, ' '`] %. - . "i ,y,«�` *F' z =,'� •P;7et,., Nt,,w. ._�`Fnn - a:t' >,4;� x � �,r�'^ -'• '0.'- �' >�,, - r s.^�`Y..�_..... _ . _ __,......,�..". , : �..:.;- .^':..» :,....,._ __..'.- �.:.�w',:'�:,`.'h =`t-': '�,..:T>_�_ - - -,. �: u". :�.T..Y'��z..........,......... �_..._..._..,..� .�,:.'�'w5^,.:v�.'C'•': � ..�'_, 6 r 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 Fifteen Thousand Five Hundred and No /100 Dollars ($15,500.00), 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. I£ 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 understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 71898, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of 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 By: City Manager ATTEST: City Secretary 3. 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 '1N: -- ' WHEREAS, in NUECES COUNTY, the City of Corpus,_Christi has re- quested assistance in reconstruction on Alameda Street from South Staples Street to Louisiana Street, a distance of approximately 0.5.,mile; and WHEREAS, Alameda Street 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. Provide for the adjustment of manholes and valves. 2. Provide for repairs'to correct major failures in the pave - ment and its support prior.to resurfacing pavement. 3. Maintain all of the work constructed as part of 'the project - and agree.to regulate traffic 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 additional surfacing and pavement markings at an estimated cost of $40,000.00 as authorized in the Supplement to 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 Alameda Street extending from South Staples Street to Louisiana Street, a dis- tance of approximately 0.5 mile, be and is hereby designated as a METRO - POLITAiI HIGHWAY and the Engineer- Director is directed to enter into airy 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 in the most feasible and economical manner. Hinute No. 71897 - 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 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 I-erein'contained shall be automatically cancelled. Minute No. 71397 October 21, 1976 COPY "EXHIBIT A" urn; a - ,_ ___ 7 ^; 2,r:— - :., +` ,CITY OF CORPUS CHRISTI, TEXAS -CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 27, 1977 16,300 I certify to the City Council that $ , 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 -�+7 Project Name So. Staples, Kinney to 17th and Alameda, So. Staples to Louisiana - Overlay from which it is proposed to be drawn, and such money is not appropriated for' any other purpose. rec or oran ce ` •• Y - FIN 2 -55 ,J Revised 7/31/69 V / WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- quested assistance in reconstruction on South Staples Street-from Kinney Str.eet, south to 17th Street, d distance of approximately 1.7 miles; and WHEREAS, South Staples Street 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. Provide for the adjustment of manholes and valves. 2. Provide for repairs to correct major failures in the pave- ment and its support prior to resurfacing pavement. 3. Maintain all of the work constructed as part of the project and agree to regulate traffic 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 additional surfacing and pavement markings at an' estimated cost of $122,000.00 as authorized in the Supple- ment to 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 South Staples Street extending from Kinney Street, south to 17th Street, a distance of approximately 1.7 miles, 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 pro- posed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to pro- ceed with construction 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 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 late hereof, the action herein contained shall be automatically cancelled. Minute No. 71898 October 21, 1976 COPY "EXHIBIT A" Corpus Christi, exas ,29 _"day of 1977 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR HE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill &I Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley okit Gabe Lozano, Sr. Edward L. Sample