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Home My WebLink About14671 ORD - 12/20/1978jkh:12- 19- 78;2nd AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREE- MENT WITH THE STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION, ACTING BY AND THROUGH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CONCERNING THE CON - STRUCTION OF STREET AND SANITARY SEWER IMPROVEMENTS TO PORT AVENUE FROM S.H. 286 (CROSSTOWN) TO AYERS STREET, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXH. "A "; APPROPRIATING $430,600, OF WHICH $236,830 IS FROM THE NO. 250 SANITARY SEWER BOND FUND, PROJECT NO. 250 -77 -8, PORT AVENUE IMPROVEMENTS, CROSSTOWN TO AYERS, AND $193,770 IS FROM THE NO. 220 STREET BOND FUND, PROJECT NO. 220=77 -1, PORT AVENUE IMPROVEMENTS, FOR THE CITY'S SHARE OF THE CON- STRUCTION 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, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an Escrow Agreement with the State Department of Highways & Public Transportation, acting by and through the State Highway and Public Transporta- tion Commission, concerning the construction of street and sanitary sewer improvements to Port Avenue from S.H. 286 (Crosstown) to Ayers Street, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated the sum of $430,600, of which $236,830 is from the No. 250 Sanitary Sewer Bond Fund, Project No. 250 -77 -8, Port Avenue Improvements, Crosstown to Ayers, and $193,770 is from the No. 220 Street Bond Fund, Project No. 220 -77 -1, Port Avenue Improvements, for the City's 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. That the necessity for authorizing execution of the said Escrow Agreement and appropriating sums necessary to accomplish the con- struction improvements hereinabove described 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 rom 440 1467 1 rJUL 0 8 1980 and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the '2 0 day of December, 1978. ATTEST: City Secretary MAYO THE CIT OF US CHRISTI, TEXAS APPROVED: 22,�Z2 DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit orney M R009(3) 8009 -16 -2 Nueces County STATE OF TEKAS COUNTY OF TRAVIS X THIS AGREEMENT, made this day of , 1978, 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 sanitary sewer, storm sewer, curb, gutter, sidewalks, driveways and incidental items on Port Avenue, from State Highway No. 286 to Ayers Street in Corpus Christi on Metropolitan Highway No. 102, 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 con- structed 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 Four Hundred Thirty Thousand Six Hundred and No /100 Dollars ($430,600.00), 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. 70321, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" aid 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 Four Hundred Thirty Thousand Six Hundred and No /100 Dollars ($430,600.00), 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 Qty'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, v411 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. 70321, 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 presents to be executed in duplicate on CITY OF CORPUS CHRISTI Party of the First Part By: City Manager ATTEST: City Secretary APPROVED: DAY OF DECEMBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance 3. hereto have caused these the day 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 cyders, establishes 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 .r. _ , . _ WHEREAS, in NUECES COUNTY, the City of Corpus Christi ha, re- quested assistance in reconstruction of Port Avenue from State Highway 286 to Ayers Street, a distance of approximately 1.0 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 - portion 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 - went. 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 $446,500.00 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, IT IS ORDERED that Port Avenue extending from State Highway 286 to Ayers Street, a distance of approximately 1.0 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- ments, 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. 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. 70321 August 1, 1975 copy -- "EXHIBIT A° Corpus Christi, Tee s a !) O day of Gt��c,.�Gt_ 19 %d" 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, THE CITY The Charter rule was suspended by Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 1467 1 JEr'CPP CHRISTI, TEXAS Ilowing vote: