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HomeMy WebLinkAbout14187 ORD - 02/22/19780 JKH:hb:2 /21/78 is TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREE- MENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CON- CERNING THE CONSTRUCTION OF METROPOLITAN HIGHWAY 104 (NUECES BAY BOULEVARD) FROM INTERSTATE HIGHWAY 37, NORTH- EAST TO WEST BROADWAY AND FARM TO MARKET ROAD 665 (AIRPORT ROAD) FROM LOOP 443 TO MORGAN AVENUE, 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 $206,300 OUT OF THE NO. 220 STREET BOND FUND OF WHICH $109,000 IS APPLICABLE TO PROJECT N0.220 -77 -7, NUECES BAY BOULEVARD, I.H. 37 TO WEST BROADWAY AND $97,300 IS APPLICABLE TO PROJECT NO. 220 -77 -8, AIRPORT ROAD, MORGAN TO AGNES, 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 CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby 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 104 ( Nueces Bay Boulevard) from Interstate Highway 37, northeast to West Broadway and Farm to Market Road 665 (Airport Road) from Loop 443 to Morgan Avenue, 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 $206,300 out of the No. 220 Street Bond Fund of which $109,000 is applicable to Project No. 220 -77 -7, Nueces Bay Boulevard, I. H. 37 to West Broadway; and $97,300 is applicable to Project No. 220 -77 -8, Airport Road, Morgan to Agnes, 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 to authorize execution of the aforesaid escrow agreement and to appropriate the necessary funds for the City's share of the construction costs applicable to the abovementioned projects, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolu- tion 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 vy MICROFILMED 0 71A h 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 effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _,2Z day of )C46A0408y , 1978. ATTEST: p� City Secretary MAYOR THE dTY OF CHRISTI, TEXAS APPROVED: ,ld DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY ly z �i ,•l.i_�I e M 8006(1) s M R007(l) 1052 -2 -38 6 8007 -16 -1 Nueces County STATE OF TEXAS Y X 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 storm sewers, curb, gutter, sidewalk, driveways and incidental items within the limits from Morgan Avenue, north to Loop 443 on Farm to Market Road No. 665 and also within the limits from Interstate Highway No. 37, northeast to West Broadway Street on Metropolitan. Highway No. 104, 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 Two Hundred Six Thousand Three Hundred and 14o /100 Dollars ($206,300.00), 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 70324 and 71899, as they apply to the City, copies of which are attached hereto and marked "Exhibit A" and "Exhibit B" respectively and made a part of this agreement. 1. T)11' • • 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 Two Hundred Six Thousand Three Hundred and No /100 Dollars ($2069300.00), 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 70324 and 71899, as they apply to the City, copies of which are attached hereto and marked "Exhibit All and "Exhibit B" respectively and made a part of this agreement. 2. or, IN TESTIMONY WHEREOF, the parties presents to be executed in duplicate on CITY OF.CORPUS CHRISTI Party of the First Part By: City Manager, R. Marvin Townsend ATTEST: City Secretary APPROVED: DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Direc •ar of F• nanc 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 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 Corpus Christi has re- 4'? quested assistance in reconstruction on Nueces Bay Boulevard from Inter- state Highway 37, northeast to West Broadway, a distance of approximately 0.6 mile; and WHEREAS, Nueces Bay Boulevard is includeli 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- portation policies and regulations regarding utility adjust- ments and construction responsibility. nano) 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- 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, structures and sur- facing at an estimated cost of $163,800.00 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 Nueces Bay Boulevard extending from Interstate Highway 37, northeast to West Broadway, a distance of approximately 0.6 mile, be and is hereby desig- nated as a METROPOLITAN HIG WAY 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 developmdnt of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasible and economical manner. I ( Is IIIUIiy'S1Iloll 111.11 I,lu' f l (_y Illdy 0111lrlaLfun; ns uuLlloed he►'efn In any mmunler 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. 70324 August 1, 1975 COPY "EXHIBIT A" October 21, .1976 =-� WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- -. quested assistance in r ?construction on Farm to Market Road 665 from Loop 443 to Morgan Avenue, a distance of approximately 0.7 mile; and WHEREAS, Farm to Market Road 665 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 State Department of Highways and Public Transporta= tion policies and regulations regarding utility adjustments and construction responsibility. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement 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 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 and pavement markings at an estimated cost of •• $238,000.00 as authorized in the Supplement to the 1975 -1976 Urban System Program. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the-appropri- ate officials of the City -of Corpus Christi, 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 responsi- bilities, to proceed with construction in the most feasible and economical manner. T Minute No. 71899 Continued 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 authorized 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 autrnuatically cancelled. `Minute No. 71899 October 21, 1976 COPY "EXHIBIT B" re 1 �f �J CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 2, 1978 I certify to the City Council that $ 109,000 , 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 No. 220 Street Bond Fund Project No. 220 -77 -7 Project Name Nueces Bay Boulevard' I.H. 37 to West Broadwayim W. P. C. G. S. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIR 2 -55 Revised 7/31/69 f 19� ire or o7ance U CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 97,300 February 2, 1978 , 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 No. 220 Street Bond Fund Project No. 220 -77 -8 Project Name Airport Road; Morgan to Agnes} W.P.C.G.S. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2 -55 Revised 7/31/69 J /LI ! M LJ Corpus Christi, Texas 0 1�etday of J 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 0 OF CO RISTI. TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz If Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample -141, 7