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Home My WebLink About15211 ORD - 11/07/1979AN ORDINAkE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY AND PUBLIC TRANSPORTA- TION COMMISSION, CONCERNING THE CONSTRUCTION OF METROPOLITAN HIGHWAY 410 (EVERHART ROAD) FROM SOUTH STAPLES TO PADRE ISLAND 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 $18,700 OUT OF THE NO. 220'STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-4,EVERHART ROAD, SOUTH STAPLES TO PADRE ISLAND DRIVE, FOR THE CITY'S SHARE OF THE CONSTRUC- TION COST, WHICH AMOUNT'IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an escrow agreement with the State of Texas, acting by and through its State Highway and Public Transportation Commission, concerning the construction of Metropolitan Highway 410 (Everhart Road) from South Staples Street to Padre Island Drive, all as more fully set forth in the agreement, a sub- stantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $18,700 out of the No. 220 Street Bond Fund, applicable to Project No. 220-77-4, Everhart Road, South Staples Street to Padre Island 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 aforesaid escrow agreement and to provide the sums necessary for the City's share of the construction cost of Metropolitan Highway 410 at the earliest practica- ble date creates a public emergency and an imperative public necessity re- quiring 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, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction And take effect ) `vim 198u k0 15211 and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ATTEST: 7 day of November, 1979. City'Secretary APPROVED: 7 DAY OF NOVEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City 1 rney MAYO THE C OF CORPUS CHRISTI, TEXAS STATE OF TEXAS COUNTY OF TRAVIS X 1 1 M R044(1) 8044-16-1 Nueces County 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 concrete curb, gutter, driveways, sidewalks and incidental items within the limits from South Staples Street to State Highway No. 358 on Metropolitan Highway No. 410, 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 pre- liminary engineering. The estimated construction cost of this work is Eighteen Thousand Seven Hundred and No/100 Dollars ($18,700.00), 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. 72208, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 1. ZS/ » 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 Eighteen Thousand Seven Hundred and No/100 Dollars ($18,700.00), 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 Minute No. 72208, 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 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 ATTESTi 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: City Secretary By: Asst. Engineer -Director under authority of Commission Minute 70104 Recommended for execution: (State) Director, Finance 3, WLIFRIAS, in NIICCFS COUNTY, the City of Corpus Christi has re- 'iOe..ted .1.•.r.tance in reconstruction on Lverhart Road from South Staples Street to Padre Island Drive. a distance of approximately 0.8 mile; and WHEREAS, Everhart Road is included in the Urban System; and WIII.IEAS, it is the desire of the State Departrnent of Highways and Public T-ul,Irortation to assist the City of Corpus Christi in such work; :t0W, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City of Corpus Christi: Provided the City will: 1. Conform to State Department of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction responsibility. 2. 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 Urban System fund, 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, structure: and stir- . facing at an estimated cost of 5247,200.00 as authorized in the 1977-1978 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 Everhart Road extending from South Staples Street to Padre island Drive, a dis- tance of approximately 0.8 mile, be and is hereby designated d: a METRO- POLiTA8 Iif(IIWAY and the Engineer -Director is directed to enter into any necessary agreements with the City covering the.det•ilis of the proposed in;rrovrnu.IIts, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with Construction in the most feasible and economical manner. It is understood that the City niay discharge its construction obtigatiuns as outlined herein in any manner as it may elect. 1r the event the City desires the State to include its portic,n of the work in the State', construction contract, the Engineer -Director i; hereby auth..- rized to enter into agreement with the City for such work and it; r.r,.t .% may be agreed upon. lhf. Order shall become operative upon acceptance by the City of Corpus Christi and if not accepted within 90 days of the date hereof, the A, lion b,'orn contained Shall be automatically cancelled. Minute No. 72208 January 20, 1977 COPY "EXHIBIT A" Co�rlpus Christi, xas day of 1979 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 CORPUS CHRISTI, TEXAS The Charter rule was suspendeby 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 passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 1521.1 r CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 6, 1979 18,700 I certify to the City Council that $ , 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 220-77-4 Project No. Project Name Everhart Road, Padre Island Drive to Staples from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • ^ FIN 2-55 \r1� Revised 7/31/69 7�/ 7 197f