HomeMy WebLinkAbout15463 ORD - 04/09/1980vp:4/7/80:1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT
OF HIGHWAYS & PUBLIC TRANSPORTATION PROVIDING FOR THE
PAYMENT OF ONE-HALF TOTAL COST OF WORK TO BE PERFORMED
BY THE STATE IN MODIFYING THE HIGH MAST ILLUMINATION
STANDARDS AT S.H. 358-S.H. 286 INTERCHANGE. TOTAL COST
OF THE PROJECT IS $17,600, WITH THE CITY'S SHARE BEING
50%, OR $8,800; 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 authorized to execute an agree-
ment between the City of Corpus Christi and the State Department of Highways
and Public Transportation providing for the payment of one-half total cost
of work to be performed by the State in modifying the high mast illumination
standards at S.H. 358-S.H. 286 Interchange, at a total cost of $17,600, with
the City's share being 50%, or $8,800, 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. The necessity to authorize execution of the hereinabove
described agreement at the earliest practicable date 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 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 intro-
duction and take effect and be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED, this the 9 day of April, 1980.
ATTEST:
11"
Ci Secretary MAY
TCITY OF CORPUS CHRISTI, TEXAS
APPROVED: Q DAY OF APRIL, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
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STATE OF TEXAS
COUNTY OF TRAVIS
X
X
MC 617-1-74
Nueces County
THIS AGREEMENT, made this day of , 1980, 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, it is the desire of the State and City to modify high mast lighting
assemblies and incidental items on State Highway No. 358 at Interchange with State
Highway No. 286. The State will construct or have constructed this work estimated
to cost Seventeen Thousand Six Hundred and No/100 Dollars ($17,600.00) and the City
will pay fifty per cent (50%) of the construction cost of this work. excluding pre-
liminary engineering, and it is eatimated.the City's share is Eight Thousand Eight
Hundred and No/100 Dollars ($8,800.00), 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. 77100, as it applies to the City, a copy of
which is attached hereto and marked "Exhibit A" and made a part of this agreement.
NOW THEREFORE, it is understood that this proposed work will be constructed
by the State. The total estimated construction cost of this work, excluding
preliminary engineering, amounts to Seventeen Thousand Six Hundred and No/100 Dollars
($17,600.00), including contingencies and construction engineering. The City will
pay fifty per cent (50%) of the construction cost of this work and it is estimated
the City's share is Eight Thousand Eight Hundred and No/100 Dollars ($8,800.00),
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 Eight Thousand Eight Hundred and No/100 Dollars
1.
($8,800.00), to be used in paying for the proposed work in the City of Corpus
Christi. It is further understood that the State will construct only those items
necessary for the completion of modifying high mast lighting assemblies and fifty
per cent (50%) of the construction coat 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 of the City's share, ashereinestablished, 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 con—
tingencies 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. 77100, as it applies to the City, a copy of which is attached hereto
and marked "Exhibit A" and made a part of this agreement.
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
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:
APPROVED: DAY OF APRIL, 1980: Asst. Engineer Director under
authority of Commission Minute
J. BRUCE AYCOCK, CITY ATTORNEY 70104
By
Assistant City Attorney
Director of Finance
2,
Recommended for execution:
(State) Director, Finance
In t:CsCCS CCkTrT on STATE =VW 359 from State highway 285 to the
Airport Ditch. a distance of approximately 0.5 mile, thn Engineer -
Director is directed to enter into any mammary agreements with
tha Citp of Corpus Christi for the development of the project and
to proceed in the most feasible end economical manner with construc-
tion as planned.
Minute No. 77100
March 19, 1980
COPY "EXHIBIT A"
Corpus Christi, T xas bb
g day of�,l,L , 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,
•
The Charter rule was
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
MAYOR'
THE C
OF CORPUS CHRISTI, TEXAS
suspend by the following vote:
The above ordinance was passed by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack. K. Dumphy
Betty N. Turner
Cliff Zarsky
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