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