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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 15463 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 15463