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HomeMy WebLinkAbout14535 ORD - 10/04/1978jkh:10- 2- 78;lst . J AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION,CONCERNING CONSTRUCTION OF METROPOLITAN HIGHWAY 143 (AIRLINE ROAD) FROM SOUTH PADRE ISLAND DRIVE (S.H. 358) TO ALAMEDA STREET, ALL 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 $7,300 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220 -77 -6, AIRLINE ROAD, ALAMEDA 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; 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 an Escrow Agreement with the State of Texas, acting by and through the State Highway and Public Transportation Commission, concerning construction of Metropolitan Highway 143 (Airline Road) from South Padre Island Drive (S.H. 358) to Alameda Street, all 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 $7,300 out of the No. 220 Street Bond Fund, applicable to Project No. 220 -77 -6, Airline Road, Alameda 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 agreement and to provide funds to represent the City's share of the con- struction costs for Airline Road street improvements 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 introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor JUL 0 81980 14535 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 introducticnand take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the___�L_day of October, 1978. ATTEST: Ci eary � MAYORpro.Tem APPROVED: THE CITY OF CORPUS CH STI, TEXAS _DAY OF OCTOBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By A tant City Attorney M R024(3) 8024 -16 -2 Nueces County STATE OF TEXAS 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 adjustment of manholes, valve boxes and incidental items within the limits from State Highway No. 358 to South Alameda Street on Metropolitan Highway No. 143, 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 Seven Thousand Three Hundred and No /100 Dollars ($7,300.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 72205, 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. 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 Seven Thousand Three Hundred and No /100 Dollars ($7,300.00), 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 Minute No. 72205, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. r 2. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF CORPUS CHRISTI Party of the First Part STATE STATE OF TEXAS H By: City Manager ATTEST: City Secretary APPROVED: _DAY OF , 1978: J. BRUCE AYCOCK, CITY ATTORNEY By tant City Attorney 1 Director of Finan 3. IGHWAY 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 70104 Commission Minute Recommended for execution: (State) Director, Finance -- N WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- - __ C quested assistance in rouction on Airline Road from Alameda Street to Padre Island Drive, a distance of approximately 1.4 miles; and WHEREAS, Airline Road 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: I. Provide for the adjustment of manholes and valve boxes. 2. Maintain all of the work constructed as part of the project and agree to regulate trafficand 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 and surfacing at an estimated cost of $221.200.00 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 Airline Road extending from McArdle Road, north to Alameda Street, a distance of approximately 1.2 miles, be and is hereby designated as a METROPOLITAN HIGHWAY and the Engineer- Director is directed to enter into any necessary agreements with the City covering the details of the proposed improve- ments, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with con- struction in the most feasible and economical manner. 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 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. 72205 - ,January 20,1977 COPY "EXHIBIT A" c - i w� CITY OF CORPUS CHRISTI, TEXAS • CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 22, 1978 I certif'i to the City Council that $ 7,300 , 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 Airline Road, Alameda to South Padre Island Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 1g1L Director of Finance to FIN 2 -55 Revised 7/31/69 Corpus Christi, s Te _day of Am "— AI , 19 �Q 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, A MAYOR Pro -1em THE CITY OF CORPUS CHRISyf, TEXAS The Charter rule was suspended by the following vote: �� Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample e: ? 4535