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Home My WebLink About14907 ORD - 05/16/1979110 vp:5/15/79;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANSPOR- TATION FUND PARTICIPATION IN UMTA PROOECT NO.TX-05-0036 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 SUBSTAN- TIAL 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: SECTION 1. 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 -05-0036 in the amount of 65% of the local authorized 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". SECTION 2. The necessity to authorize execution of the aforesaid 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 intro- duction 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 eff ct from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /( day of May, 1979. ATTEST: C Secre at ry 1 ` APPROVED: /DAY OF MAY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant C ty� .rney 14907 THE C iT OF CORPUS CHRISTI, TEXAS • • CONTRACT STATE OF TEXAS X COUNTY OF TRAVIS X THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation, herein- after 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 purchase of (1) three 40 -foot advanced design buses, (2) 22 registering fareboxes, (3) 10 two-way radios, including installation, (4) new bus wrecker, (5) two new sedans, (6) six vans for the elderly and handicapped, (7) 15 bus shelters, (8) 500 bus stop signs, including installation, (9) one new truck, (10) one new truck with lift, (11) one new steam cleaner, (12) diesel power train for transit buses, and (13) contingency. WHEREAS, the Urban Mass Transportation Administration has approved said application on March 28, 1979, identified the same as project number TX -05-0036 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 Number 74880 authorized the State to provide approximately $79,079 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, respectively kept and performed, as hereinafter set forth, hereby agree as follows: 1. 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 Seventy -Nine Thousand Seventy Nine Dollars ($79,079.00). 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 sixty-five percent (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's. The State, through its District Engineer, will certify by the executed Form 132 that the items indicated on said form for payment have been received by the City, and the State and the City together have inspected and accepted the same as satisfactory. The City shall make avail- able to authorized representatives of the State and Federal 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 -05-0036. In the event that any project facility and equipment are not used in the proper manner or are withdrawn from public transportation services to be used for other than the provision of public transportation services, the City shall immediately notify the State and shall remit to the State a proportional 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 , 1979, by the City of Corpus Christi and on the day of 1979, by the State of Texas. PARTY OF THE FIRST PART PARTY OF THE SECOND PART State of Texas The City of Corpus Christi Certified as being executed for the purpose and effect of activating and/or By: carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Title: Highway and Public Transportation Commission. By: Engineer -Director Under Authority of Commission Minute Order 74880 Date: Recommended For Execu ion C-- - District Ehgineer, Dist ict 16 Director, Finance Division State Planning Engineer, Transportation Assistant Engineer -Director Date: ATTEST: APPROVED AS TO FORM AND LEGALITY: By: Countersigned: By: Title: • • Attachment A ( APPROVED PROJECT BUDGET Capital Grant Project No. TX -05-0036 Applicant: City of Corpus Christi The project budget and corresponding cost estimates are as follows: Project Budget Line Item Code Description Cost 10.01.55 Purchase of three new 35 -foot 36-45 $315,000 passenger, air-conditoned diesel buses 10.01.82 Purchase of six new 12 passenger vehicles $ 72,000 10.02.01 Purchase of two new pickups, one equipped $ 30,500 with a hydraulic lift, and two new supervisory vehicles 10.02.04 Purchase of 22 registering fareboxes $ 44,000 10.02.08 Purchase and installation of ten two- $ 18,000 way radios 10.03.01 Purchase of a new bus wrecker $ 25,000 10.03.03 Purchase a new steam cleaner $ 4,500 10.03.04 Purchase of a spare diesel power train $ 14,000 10.09.01 Purchase and install 15 bus shelters $ 30,000 10.09.03 Purchase and install 500 bus stop signs $ 15,000 32.00.00 Contingency $ 41,000 APPROVED FINANCING ESTIMATED GROSS PROJECT COST Revenue Financing ESTIMATED NET PROJECT COST Federal Grant (80%) $486,000 Local Share (20%) $121,500 $609,000 1,500 $607,500 Maximum Federal funds to be expended under this grant - Program Code 21.10.00 $486,000 CASH DISBURSEMENT 4TH Quarter FY 79 $243,000 1st Quarter FY 80 $243,000 Corpus Christi, Texas • 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, F CORPUS CHRISTI, TEXAS The Charter rule was suspende4 by the following vote: Luther Jones dr, Edward L. Sampler Dr. Jack Best d , David Diaz dr. - Jack K. Dumphy 1 - Betty N. Turner /j Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 14907