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Home My WebLink About15588 ORD - 06/11/19809 JKH:vp:6/9/80:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION REGARDING THE CONSTRUCTION OF STREET IMPROVEMENTS TO EVERHART ROAD, ALAMEDA TO STAPLES AND CARANCAHUA STREET, AGNES STREET TO INTERSTATE HIGHWAY 37, WHEREBY THE CITY WILL PAR- TICIPATE IN THE CONSTRUCTION OF THESE STREET IM- PROVEMENTS; APPROPRIATING $22,100 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF CON- STRUCTION COSTS, OF WHICH APPROPRIATION $3,730 IS OUT OF PROJECT NO. 220-77-34, EVERHART ROAD, ALAMEDA TO STAPLES, AND $18,370 IS OUT OF PROJECT NO. 220- 77-6, HOT -MIX OVERLAYS, MORGAN, CARANCAHUA, TANCAHUA AND AIRLINE, PAYABLE 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 with the State Department of Highways & Public Transportation regarding the construction of street improvements to Everhart Road, Alameda to Staples, and Carancahua Street, Agnes Street to Interstate Highway 37, whereby the City will participate in the construction of the aforesaid street improvements. SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $22,100 for the City's share of construction costs, of which appropriation $3,730 is out of Project No. 220-77-34, Everhart Road, Alameda to Staples, and $18,370 is out of Project No. 220-77-6, Hot -Mix Overlays, Morgan, Carancahua, Tancahua and Airline, payable to the Texas State Treasurer, Account of Trust Fund No. 927. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the sums set forth 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, having requested the suspension of the Charter rule and that this ordinance be passed Ml_CBOFILi,iLD 1111P 9 91980 15588 finally an 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 1/ day of June, 1980. ATTEST: APPR ED: DAY OF JUNE, 1980: J. BRUCE AYCOCK, CITY ATTORNEY MAYSR pio•Iem THE CITY OF fo S CHRISTI, TEXAS • STATE OF TEXAS 1 1 COUNTY OF TRAVIS 1 THIS AGREEMENT, made this M R044(2) etc. 8044-16-2 etc. Nueces County 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, the City desires the construction of adjusting manholes, valve boxes, mobilization and incidental items on Everhart from Alameda to South Staples, etc. on Metropolitan Highway No. 410 etc., 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 Twenty Two Thousand One Hundred and No/100 Dollars ($22,100.00), 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 75702 and 75703, 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. 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 Twenty Two Thousand One Hundred and No/100 Dollars ($22,100.00), 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 75702 and 75703, 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. 2. • IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the CITY OF CORPUS CHRISTI Party of the First Part City Manager ATTEST: City Secretary APPROVED: DAY OF JUNE, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By day above stated. Assistant City Attorney 3. 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 C1 Y. lho i 'y of CorPus Christi l!as re- quested assistance in reconstrut.tion.on Lverhart Road from South Staples Street to South Alameda Street. a distal', e of dpuroxiaiatPly 0.6 ti le: and WHEREAS, Everhart Road 1, ifILI:Alf,; in the Ilrhan System: ind 'WHEREAS, it is the ,h -;ire ,o 'tat,. Department of and Public. Transportationtow.,sist the Utv nt Corpos Lbrkti in s'o.ti dul*; NOW, THEREFORE, the Legineer-Pireitrr is directed.to 'Lc -rut . following proposal to the Citi of Corpu.-. Christi: .. Provided the City will: 1. Provide for the edjusti,vro if manholes and valve 2. Maintain all ot the WIWI'. LOW.t11.;_ed d; part ol-the ra;.Ht and agree to regulate trafi i and prevent encroachment -n the right of way, all in acant-da6ce With g9v,/rning pol:cie.. and regulations of.the Department. Subjecttothe availability of Federal -did ::.1.an Sy:trm. funds and the eligibility! of the proposed work for financing with said the State. Department of Highways and Public Transportation will: 1. Prepare- construction plans aruf specifications. 2. Provide for reconditionind hase and suefacing at at: .E--.ti,ated cost of $179,200.00 -as .Whorized iu the I9i9-19*1 tem Program. - Upon acceptance of the provi.;i-ns ef this Order bitth, ate officials of the City of Corpus IT IS Of -Uri -Pit-. that .7./-!!-odrt Road extending from South Staples St.i/ to South Aldr_eda '.A.feet_ li...- tance of approximately 0.6 mile, 1 dei(3nated r lRil- POLITAN HIGHWAY and the Engineer-Dirftr rI dire. tfid ti enter --.o _necessary,agreements with the City :ol.a,) ino the detaik. rf tht- wrth-Efie-efarlftirlea-d,:velnpic and after the City has fulfilled it. resporvzibi!itro,;, fm construction in the most feasible and econnr'i-7.al manner. It is understood that the City 'a:, oiscnart.:e it; renv_-. obligations as outlined herein i-. any ,:;ver F.,: it ,-oiv elec`. event the the City desires the State to its portion of thit :IA,- 10 the State's construction cantiatt, L ir riueer-Dirttrir i 1 .4 ritho- rized to enter into agreement with fh- City for ,o0. ,..:ork /no .t may be agreed upon. This Order shall t)etc,,i-o1,1, uncri acceptaw_o y 1. „. Corpus Christi Christi and if not accepted diys of thc_ ie h --:.•r, the action herein contained shdll he duto;adti-illy canceo. inute No. 75702 April 26, 1979 COPY "EXHIBIT A" r:. • r WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- quested assistance in reconstr•uctirti on Car•ancahua Street from Loop 443 to interstate Highway 37, a distance nt apprn'imately 0.6 mile; and WHEREAS, it is anticipated that Ctrancahua Street will be in- cluded in the Urban System; and • WHEREAS, it is the desire of firs ',tare Deparutront of tli;haarr: and Public Transportation to assist the Cit.) of '":rpus Christi in ;ucn work. . NOW. THEREFORE, the-i:;.;inceriree.trn. is flirt.'= tr;":ten•tpr the -- following proposal -to the—Cif/. of Carpels Chr•i•.ti: Provided the City ai11: 1. Provide for the .titntim.,UL - t i.rarhuie. 2. t4aintain all of the 'r- t•1'-co!:.t-•.r;.trn ,r•. .imr'. of the pr r1Fr t. - and agree to regulate r.af.fit and pr•evrn! urr.roiJi; •nt •,r; the right of way, all in dc.:nrdan,... with governing polici trf regulations of the Department. Subject to the availability of. Federal -aid Urban System fur::a and • the eligibility of the proposed work for financing with said fund:. +hP '- State Department of Highways and Public Transportation ;,ill: 1. Prepare construction plans and s,:ecifir..rtions. 2. —Provide for level up and additiunai surfacing at.an esti;=«rtr:rt cost of 4119,8O0.pf as authari;e:; in thr 1979-19"C.t!r:,.r.'; tem Program. Upon acceptance of the provisions r.F this order by the a,.,•n.pri- ate officials of the City oUUCorpus.Chr•isti, 'he Enrtinerr•-Dirr.•.!•te directed to enter into any necessary agruemerts-wish the City t.ovor tr•i; the Meta _l "o-F,tht� p?mp?sed-jrprriv"e•r^Rt": . •1r.;r,.,..! :ri?�f t-Frr=•�r*-rr fel--:=7 developmentof the project and after t}: tt; has tulf!lirri it. r ,•:a- bilities, to proceed With com.truct.'en it the r.::rst fra•.ih1t .•ni •m ,ur..,i manner. - it ii understood th.tt the (.,it, t: ••d ! r'r.•r..• it. _ .:;tr :• :. r .r: obligations as outlined herein in any ;.Anc.--- it •ty I^;.t. Ir, event the City desires thr State t❑ im lode its pntrir.. .;l ttte vrnr• the State's construe:tier. roett.ict, .tht i. ..>e, _lr;ii- t::t }•,=:.t. ,th; ri2ed to eater into aci•"en.eu: writh 'h City d !• :ru r :ur:l it, .;t as may be agreed upon, This Order ;hall becu.ile•tr•tr.rat`ie u. -n acceot,rt.r, h; ..te i;. of •Corpus Christi and if not accented within '/O o.tys of th, gate h -r; •,t . the action herein contained shall he autnctatire11,• tan=r•i1"•t. Minute No. 75703 'April 26, 1979 COPY "EIIHIBIT B" • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUMES (City Charter Article IV Section 21) June 6, 1980 I certify to the City Council that $ 18,370 , 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. 220-77-6 - Project Name Hot -Mix Overlays: Morgan, Carancahua, Tanoahua, and Airline from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • 11,0FIN 2-55 Revised 7/31/69 • CITY OF CORPUS CHRISTI, TEXAS cE1rIFICATION OF FUNDS (City Charter Article IV Section 21) June 6, 1980 I certify to the City Council that $ 3,730 , 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 Project No. No. 220 Street Bond Fund 220-77-34+ Project Name Everhart Road, Alameda to Staples from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • l� , 19 g) Director of Finan/ • \, V4,/Cb FIN 2- 55 �� Revised 7/31/69 Corpus Christi exas /1 day of ,g , 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYOR TON1TY OF US CHR STI, TEXAS suspended by� the�f. owing vote: 11.1414(t The above ordinance was pass : by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15588