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Home My WebLink About15513 ORD - 04/30/1980• vp:4/30/80:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA- TION, ACTING BY AND THROUGH ITS STATE HIGHWAY AND PUBLIC TRANSPORTATION C0MMISSION, PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF STREET, DRAINAGE AND LIGHTING IMPROVEMENTS ON PADRE ISLAND DRIVE, AYERS STREET INTERCHANGE TO BUSH AVENUE; APPROPRIATING $560,852.99 (WHICH SUPPLEMENTS $25,100 PREVIOUSLY APPROPRIATED) FOR THE CITY'S ESTIMATED SHARE OF CON- STRUCTION COSTS, OF WHICH $340,553.70 IS OUT OF THE NO. 295 STORM SEWER BOND FUND (PROJECT 295-72-2, GABRIEL TERRACE DRAINAGE OUTFALLS) AND $220,299.29 IS OUT OF THE NO. 220 STREET BOND FUND ($8,667.50 FROM PROJECT NO. 220-72-12.1, STREET ILLUMINATION SYSTEM: PADRE ISLAND DRIVE AND $211,631.79 FROM PROJECT NO. 220-77-35, PADRE ISLAND DRIVE: AYERS TO BUSH), PAY- ABLE TO THE TEXAS 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 authorized to execute an escrow agreement between the City of Corpus Christi and the State Department of Highways and Public Transportation, acting by and through its State Highway and Public Transportation Commission, providing for City participation in the construction of street, drainage and lighting improvements on Padre Island Drive, Ayers Street Interchange to Bush 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 the sum of $560,852.99 (which supplements $25,100 previously appropriated) for the City's estimated share of construction costs, of which $340,553.70 is out of the No. 295 Storm Sewer Bond Fund (Project 295-72-2, Gabriel Terrace Drainage Outfalls) and $220,299.29 is out of the No. 220 Street Bond Fund ($8,677.50 from Project No. 220-72-12.1, Street Illumination System: Padre Island Drive and $211,631.79 from Project No. 220-77-35, Padre Island Drive: Ayers to Bush), payable to the Texas State Treasurer, Account of Trust Fund No. 927. SECTION 3. The necessity to authorize execution of the agreement and appropriation of the sums necessary to accomplish the construction authorized by said agreement at the earliest practicable date creates a public emergency AUG 2 919$Q MIC�idg'dLIu1L'U 15513 • • 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 introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY 50 ORDAINED, this the 3o day of April, 1979. ATTEST: r? / crearyome APPROVED: 30 DAY OF APRIL, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci TH CITY OF CORPUS CHRISTI, TEXAS Nueces County STATE OF TEXAS COUNTY OF TRAVIS t 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 construct roadway illumination, drainage structures; curb and gutter, sidewalks, driveways, erosion control, railroad force account work 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 the City Five,Hundred Eighty Five Thousand Nine Hundred Fifty Two and 99/100 Dollars ($585,952.99), excluding preliminary engineering, and - WHEREAS, the City will contribute 50% of the roadway illumination and incidental items estimated to cost a total of Sixty Seven Thousand Five Hundred Thirty Five and No/100 Dollars ($67,535.00). The City's 50% estimated share amounts to Thirty Three Thousand_Seven Hundred_Sixty Seven and 50/100 Dollars ($33,767.50), including construction and con- struction engineering, and WHEREAS, the City will contribute 100% of the curb and gutter, sidewalks, driveways, erosion control, drainage structures and 8% of the total cost for contingencies and construction engineering for these items. 1. The estimated total cost of this work including related 8% contingencies and construction engineering amounts to Five Hundred Fifty Two Thousand • One Hundred Eighty Five and 49/100 Dollars ($552,185.49), 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 Five Hundred Eighty Five Thousand Nine Hundred Fifty Two and 99/100 Dollars ($585,952.99), including contingencies and construction engineering. 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 Five Hundred Eighty Five Thousand Nine Hundred Fifty Two and 99/100 Dollars ($585,952.99), to be used in paying for the proposed work in the City of Corpus Christi. 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. as herein established, 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 2. the 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 ATTEST: y 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 pro- grams heretoforeapprovedand 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 • In NUEcES COV TT an ,STATS BTIZ AX 358 from State BiWaray 9t06.f;o Airport Ditch, a distance of approximately 0.5 mils. the Director is directed to eater into any necessary .p si:"t the City cf Corpus Christi for the development of the pro tt ends; 'gip; to proceed intim must feasible and economical masses with'' ' �: ..-40.* tion as planned. t r Submitted bp: Approved: RECLYtVED DISTRICT 16 COr.^-US CHRISTI Li/1E2211980 STATE DEPT. c'f H:GHWAYSS'-,. AND PUIILIC TRANSPORTATION Eeunined end recommended Program Engineer • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUND (City Charter Article IV Section 21) April 29, 1980 I certify to the City Council that $ 340,553.70 , 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 295 Storm Sewer Bond Fund Project No. Project Name 295-72-2 Gabriel Terrace Drainage Outfalls from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • FTN 2-55 Revised 7/31/69 • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 29, 1980 I certify to the City Council that $ 211,631.79 , 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. 220-77-35 Project Name Padre Island Drive: Ayers to Bush from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • � eD FIN 2-55 Revised 7/31/69 15N Director of F J.ce e • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OFF FUSSES (City Charter Article IV Section 21) April 29, 1980 I certify to the City Council that $ 8,667.50 , 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. 220-72-12.1 Project Name Street Illumination System: Padre Island Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Director of Fi h e er 1ita FTN 2-55 Revised 7/31/69 Corpus Christi, Texas 39 day of__ , 19;0 • 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 suspended Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky THE C rY OF CORPUS CHRISTI, TEXAS by the following vote: 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: 15513