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Home My WebLink About14189 ORD - 02/22/1978• JKH:hb:2 /20/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANS- PORTATION FUND PARTICIPATION IN UMTA PROJECT NO. TX -05 -0014 IN THE AMOUNT OF 65% OF THE AUTHORIZED LOCAL SHARE COST INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT SYSTEM; ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: C7 SECTION I. That the City Manager be and he is hereby authorized to execute a contract with the State Department of Highways and Public Trans- portation providing for State Public Transportation Fund participation in UMTA Project No. TX -05 -0014 in the amount of 65% of the local authorized share cost incurred for capital improvements to the Transit System, all as more fuby set forth in the contract, a substantial copy of which is.attached hereto and made a.part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the afore- said contract at the earliest practicable date 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 that such emergency and necessity 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 o7a day of 1978. ATTEST: CW Secretary APPROVED: � DAY OF FEBRUARY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By , Assistant C' ttorney MAYOR THE TY 0 CORD CHRISTI, TEXAS 14188 IgnVIOD JUL 0'71980 0 CONTRACT STATE OF TEXAS COUNTY OF TRAVIS • THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State ", and the City of Corpus Christi hereinafter called the "City ". WITNESSETH WHEREAS, the City has made application for a Capital Improvement Grant through the Urban Mass Transportation Administration for financing the cost of capital improvements for the purchase of: (1) four new 25 -28 passenger buses, (2) two new 45- passenger buses, (3) one new 15 -20 passenger bus, (4) one new coin - sorter /counter, (5) seven two -way radios including installation, (6) seven registering fare boxes, (7) sixteen prefabricated shelters including installation, and (8) contingency as described in "Attachment A" hereto; and, WHEREAS, the Urban Mass Transportation Administration has approved said application on November 2, 1977, identified the same as project number TX -05 -0014 and duly executed a contract between itself and the City for accomplishing the project; and, WHEREAS, in response to the City's request, Commission Minute Order 73935 authorized the State to provide approximately Fifty -One Thousand and No /100 Dollars (51,000.00) for assisting in financing said project. NOW, THEREFORE, the State and the City in consideration of the premises and mutual covenants and agreements of the parties hereto, to be made by them, respect- ively kept and performed, as hereinafter set forth, hereby agree as follows: I. The State will pay the City in an amount equal to sixty -five percent (65%) of the Local Share of the actual Net Project Cost as determined by the State, or in the amount of Fifty -One Thousand and No /100 Dollars ($51,000.00), whichever is the lesser. The total payment by the State is generally not to exceed the total funds authorized by Commission Minute Order Number 73935 in the amount of Fifty-One Thousand and No /100 Dollars ($51,000.00). In the event of any necessary adjustments to the Approved Project Budget ( "Attachment A "), such adjustments being within the scope of the original project, allowed, and approved by the federal agency, and so reflected in an amended federal project budget, the State funding for the project may be similarly amended to reflect an adjusted amount not to exceed 65% of the local share of the actual Net Project Cost. The State will make payments to the • • City based upon properly prepared and executed Form 132. The State through its District Engineer, will certify by the executed Form 132 that the items have been received by the City, paid by the Urban Mass Transportation Administration, and the State and the City together have inspected and accepted the same as satisfactory. The City shall make available to authorized representatives of the State and Fed- eral agencies involved in this project all records applicable to said project. II. Project facilities and equipment shall be used for the provision of public transportation services described within the duly executed contract between the Urban Mass Transportation Administration and the City for federal project number TX -05 -0014. In the event that any project facilities and equipment are not used in the proper manner or are withdrawn from public transportation services, the City shall immediately notify the State and shall remit to the State a propor- tional amount of the fair market value of such facilities or equipment on the basis of the ratio of the grant made by the State to the actual total participating cost of the project. The procedure for determining the fair market value shall be at the option of the State as either; (1) the value of the property as determined by competent appraisal, conducted as soon after such withdrawal or misuse occurs as feasible, by appraiser(s) acceptable to both the City and State, or (2) actual proceeds from a public sale, acceptable to both the City and State, of such property. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the day of 1978, by the City of Corpus Christi and on the day of 1978, by the State of Texas. PARTY OF THE FIRST PART State of Texas 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 Com- mission By: Engineer- Director Under Authority of Commission Minute Order 73935 Date RECOMMENDED FOR EXECUTION: District Engineer, District.16 Director, Finance Division State Planning Engineer, Transportation Assistant Engineer- Director PARTY OF THE SECOND PART City of Corpus Christi By. R. Marvin Townsend Title: City Manager Date: ATTEST: City ecretary APPROVED: --DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By: ASSIstant City Attorney Director of Finan e ' • • r Attachment A APPROVED PROJECT BUDGET Capital Grant Project No. TX -05 -0014 City of Corpus Christi The project budget and corresponding cost estimates are, as follows! Project Budget Line Item Code Description Cost 10.01.33 Purchase four 25 -foot air conditioned $127,000 diesel buse's 10.01.55 10.01.22 10.02.04 10.02.08 10:02.04 10.09.01 32.00.00 Purchase two 35 -foot air conditioned 140,000 diesel buses Purchase one 20 -foot air conditioned 24,000 bus for elderly and handicapped Purchase one coin sorter counter 10,000 Purchase seven two -way radios 12,000 Purchase seven registering fareboxes 8,400 Purchase sixteen shelters 28.700 Contingency 35.010 ESTDIATED GROSS PROJECT COST $385,110 Revenue Financing -0- ESTDMTED NET PROJECT COST $385.110 Federal Grant (802) $308,088 Local Share (20 %) $ 77,022 Maximum Federal funds to be expended under this grant $308.088 CASH DISBURSEMENT 1st Quarter FY 78 $ 30,958 2nd Quarter FY 78 $277,130 • Corpus Christi, Texas a%day of . 19 P 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 THE CI OF CO RISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. K14 0- Bob Gulley David Diaz Ruth Gill 44 Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample