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HomeMy WebLinkAbout15127 ORD - 09/19/1979nh:9-18-79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, COVERING THE CONSTRUCTION OF METROPOLITAN HIGHWAY 102 (PORT AVENUE) FROM AGNES STREET TO BUFORD STREET, HOT -MIX OVERLAYS; METROPOLITAN HIGHWAY 409 (MORGAN AVENUE) FROM PORT AVENUE TO STATE HIGHWAY 286 AND METROPOLITAN HIGHWAY 374 (SOUTH STAPLES STREET) FROM CARROLL LANE TO ANNAPOLIS DRIVE, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED "EXHIBIT A"; APPROPRIATING $67,300 OUT OF THE NO. 220 STREET BOND FUND OF WHICH $45,800 IS APPLICABLE TO PROJECT NO. 220-77-1, PORT AVENUE, AGNES STREET TO BUFORD STREET; $8,700 IS APPLI- CABLE TO PROJECT NO. 220-77-6, HOT -MIX OVERLAYS, MORGAN AVENUE, PORT AVENUE TO STATE HIGHWAY 286 and $12,800 IS APPLICABLE TO PROJECT NO. 220-77-21, SOUTH STAPLES STREET, CARROLL LANE TO ANNAPOLIS DRIVE, 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; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPRUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an escrow agreement with the State Highway and Public Transportation Commission, cover- ing the construction of Metropolitan Highway 102 (Port Avenue) from Agnes Street to Buford Street, Hot -Mix Overlays; Metropolitan Highway 409 (Morgan Avenue) from Port Avenue to State Highway 286 and Metropolitan Highway 374 (South Staples Street) from Carroll Lane to Annapolis Drive, 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 $67,300 out" of the No. 220 Street Bond Fund, of which $45,800 is applicable to Project Wo. 220-77-1, Port Avenue, Agnes Street to Buford Street; $8,700 is applicable to Project No. 220-77-6, Hot -Mix Overlays, Morgan Avenue, Port Avenue to State Highway 286 and $12,800 is applicable to Project No. 220-77-21, South Staples Street, Carroll Lane to Annapolis Drive, 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. The necessity to authorize execution of the agreement and appropriation of the sums necessary to accomplish the construction authorized by said agreement at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the CharteC//Le„#kat no ordinance or resolution shall be passed finally 151'7 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 from and a ter its passage, IT IS ACCORDINGLY SO ORDAINED, this the /1 day o ATTEST: 1979. CiCi Secretary Secr APPROVED:P n DAY OF SEPTEMBER, 1979: J. BRUCE AYCOCK: CITY ATTORNEY MAYO THE WY OF CORPUS CHRISTI, TEXAS • CITY OF CORPUS CHRISTY, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 14, 1979 I certify to the City Council that $ 45,800 , 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. 220-77-1 Project Name Port Avenue, Agnes Street to Buford Street from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • to /�- FIN -55 Revis2ed 7/31/69 r. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 14, 1979 I certify to the City Council that $ 45,800 , 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. 220-77-1 Project Name Port Avenue, Agnes Street to Buford Street from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • dIr/1-.1461 4 !/) FIN 2-55 n Revised 7/31/69 • FlNANC- nr"PTHENT SEP 17 9 OI Ail'79 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 14, 1979 I certify to the City Council that $ 8,700 , 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. - 220-77-6 Project Name Hot -Mix Overlays - Morgan Avenue, Port Avenue to State Highway 286 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • 8 f FIN 2-55 �� Revised 7/31/69 FlNA4Pv FnA p t,yENr SE?/7 9oo411'73 • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 14, 1979 I certify to the City Council that $ 12,800 , 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. 220-77-21 Project Name South Staples, Carroll Lane to Annapolis Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • /' h/ r1� 7�� FIN 2-55 CI Revised 7/31/69 FINAM^r r"^A?TMENT SEP 17 9 oi AM' 79 • M R009(1), M R014(1) & M R016(3) 8009-16-3 etc. Nueces County' STATE OF TEXAS X X COUNTY OF TRAVIS X THIS AGREEMENT, made this day of , 1979, 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 driveways, pavement, adjusting manholes, sidewalks, placing topsoil and incidental items within the limits (Port Avenue) from Agnes Street to Buford Street on Metropolitan Highway No. 102, (Morgan Avenue) from Port Avenue to State Highway No. 286 on Metropolitan Highway No. 409 and (South Staples Street) from Annapolis Drive to Southeast of Kostoryz Road on Metropolitan Highway No. 374, 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 Sixty Seven Thousand Three Hundred and No/100 Dollars ($67,300.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minutes Numbered 70319, 72207 and 73961, as they apply to the City, copies of which are attached hereto 1. and marked "Exhibit A", "Exhibit B" and "Exhibit C" respectively and made a part of this agreement. 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 Sixty Seven Thousand Three Hundred and No/100 Dollars ($67,300.00), 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 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 Minutes Numbered 70319, 72207 and 73961, as they apply to the City, copies of which are attached hereto and marked "Exhibit A", "Exhibit B" and "Exhibit C" respectively and made a part of this agreement. 2. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. By: CITY OF CORPUS CHRISTI Party of the First Part City Manager ATTEST: City Secretary APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance 3. 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 WHEREAS, in NUECES COUNTY, the City of Carpus Christi has re- quested assistance in reconstruction on Purt Avenue from Agnes Street to Morgan Street, a distance of approxioately-0.5 mile: and WHEREAS, Port Avenuo is -included in the Urban 5y,tem; and WHEREAS, it is the desire of the State Departn.ent of Highw_ys and Public transportation to assist the Ciry of Corpus Christi in such work; NOW, 1HEREFORE, 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- portation policies and regulations regarding utility adjuot- ments and construction responsibility. _ 2. Maintain all of the wort: constructed as part of the project and agree to regulate traffic, provide for pa.-allel parking and prevent encroachment on the right of way, all in accor- dance with governing policies and re;ulations 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: 1. Prepare construction plans and specifications. 2. Provide for reconstruction of grading, str,ctut.,s and sur- facing at an estimated cost of $76,100.00 x_ autnorized in the 1975-1976 Urban System Program. Upon acceptance of thy provisions of this Order by the appropri- ate officials of the City of Corpus Christi, IT 15 U°.tLFED that Port Avenue extending from Agnes. Street to Morgan Street, a distance of ap- proximately 0.6 mile, be en•i is hereby designated as a iSETROPOI.ITAN HIGHWAY and the Engineer -Director is directed to anter into any necev.ary agreement,. with the City covering the details of the proposed improve- ments, to proceed with the engineering development of the,project aorl after the City has fulfilled its responsibilities, to proceed with cor- 5truction as authorized herein in 1he feasible and ecnrmmica1 manner. It is understood that'the City tray discharge its crtstructir,n obligations as outlined herr•ir in any manner as it may e',oc.r. in the event the City desires the State fu ir:clude its portion of the worn: in tt,r state's construction c.notract, chi ingineer-IJtrector is hereby ,.r.tho- rized to enter into agreement with thr City for st.cir work oral its r.o;r as ;:ay be agreed upon. This Order shill Le,omc opCrdt i.0 upon ,rrteptan&.e :,/ till Ciry Corr,:s ;.h -i>11 and it not a•. r,npLea witl.tri 9U day', of the date hereof. the acini: heroin cnntain:. ,ha11 hc' r•.trxtaticallV clutched. Minute No. 70319 . August 1, 1975 COPY "EXHIBIT A" - • in t1111,1', (1";Ty, • Lit y of Cniw, 1li1.l he, re-; clues .1%sktance in re( ow,ti IA 111)11 Gn Horgan Avenue frreq Port AvvfNO to State Uighway Z1f, d distace of approximately (1.6 mil2; and WHERiAS, Horgan Aver 151ncluded in the Urban System; and WHPLAS, it is the 6eire of the State Department. of Highways and Public IranspJrtation to assist the City of Corpus Christi in such work; TPEREfORE, the !'qineer-Director is directed to tender tne followinu proposal to the CI t of Corpus Christi: Pro'.-ideG City -4111: 1. !'rovide for It: ,djustmht of manholcs and vAIve Z. .'rovide C011(2Ct. major ft; 1 In the i.ava- a,ent iricl if% prior to resort a. liiq OOvir,olent Maintain all el 'he wArk constructed part of the project and agree to ,e iolale traffic and pre/ent encroachment on the ight of_ w ;,_oll in accordance with governing policieS ind regulat:en, -d thp DV9dr[r:ent. t t, Li' .iv' li 11 ty OT re1erI -e id t'rhan ..2ste:1; 1,nds ad tho el ioihll o: the pro; ' A 5o,-1 r fivanc,ng with :Aid flails, the •iion'a Trdns:Ywtat iort111!!: • r:.•!..)ri. Cf)11..1 !ti lti,irdi St.if Ica 1, fin ie., .1 :in tI 10C...110(1,1i s cot 1:tt; 11 er.:1,..natf'd Si..)4,•1':1.• .1% /1 :t an Sys- I.e.:. 1 rogra!, ° • ", ••,1.12111.1110: 01 tr,:` Of thir. erd" r tht, ',twist), IT Ri I) that Morgan 4‘..vnue front Ft.! L 11 Stale 11 i'.•.trr.e 01 6.6 II:1 •..t)rd tr,t-tr,ly lirS1,111,11Pci .3% 1.ET1:!101.1Ti.“4. LiNifloor tor d to enter 1111.0 dr, ; .1r ,lth 11'0 (.1,.•, 11.0 (f-tdil; f COO pit:110',Ot; 5. 1.• ;to! .tt; tr. et ,TP; (Iwo-11,0111Na of • tp r0 cc i t:,.• h.!: full rn Tore: ihi 11, , .+,:r101 '1'• f 1.1fi -in • "C, f e. I ;, t.1 , to. 4-1. t.tii':;l • , t11., 1 )/iy d I r:;t• cti• 0t,r1iN0 net-, .1 in .i111'1Pr •C"..,1 0 tj•,; 0 .1. th trr- 0; i." 11.`• Vilt; „n 11,P 1. r oo- 1'. holt N:, •r: - r ;•.1" •tito r1 1''; .".: oi '11 t 11 w .ir.'1 • • • he •: wior 1,141 ii 1 not 1”.1n 90 days c! az- t ho' • -..0 ' • car, Minute No. 72207 January 20, 1977 COPY B" WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- quested a revision in lJrban System projects; and WHEREAS, the State Department of Highways and Public Transporta- tion desires to assist in this request: NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to thr City of Corpus Christi for e project on South Staples street from Carroll tare to Annapolis Drive, i distance of approxi- mately 1.1 miles: Provided the City will: 1. Provide for the adjustment of manholes and valve boxes. 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 Uaban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: Prepare construction plans and specifications. 2. Provide for lrvel-up and additional se,facing, at an esti- mated cost of k231,000.00. ":,rn acceptance •rf the provisions of this r -der by the appropri- ate officials of the City of Corpus Christi, IT iS ORDERED that South Staples Street extending from 17th Street, south to :.arroll Lar.c, a dis- tance o` approximately 1.5 piles, be and is hereby de.innated as a KETPO- rJLITAN HiG%IWAY and 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 responsibilities, to proceed with cnnstruction in the most feasible and economical manner, financing the cnst by transfer of funds presently authorized it the 1977-1972 Urban System Prt:giam for level -up and additional surfacing, in Corpus Christi on Ra1dh nr Boulevard from Naples Street to Port Avenue, a distance tai approximately 1.1 miles. It is understood that the City may discharge its construction ohli^,ation•, as outlined herein in any amnner as it o.?v elect. In 1.;.2 event the City drsires the State to include its porti.,n of the worl. in the State's ronstruci.ien runtract, the Engineer-Direcr:rr rs here:,; ..t^••- rized t, enter into agreement with the City for sutb wore and its r ,/t .' a:3y he t treed upon. Order snarl bocu•r,e operative upon acceptance hi the Cit/ c Coroos ,.Lrist1 and is not ftcepted within 90 days of the ;lz.te Fere•;!, to :action ::,•rein contained ,d1d11 he automatically ranrnlltd. Minute No. 73961 January 24, 1978 COPY "EXHIBIT C" Corpus Christi, as t !9 day o �� ,� at, 19 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, MAY E COF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe by the following vote: Luther Jones Edward L. Sample l„ Dr. Jack Best David Diaz 41!, Jack K. Dumphy Betty N. Turner . Cliff Zarsky 15127