HomeMy WebLinkAbout15801 ORD - 10/01/19801
AN ORDINANCE
t
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT
FOR FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF BILL
WITT PARK, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO,
MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY
TO IMPLEMENT SAID PROJECT; 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
and directed to execute a contract with the Texas Parks and Wildlife
Department for financial assistance for the development of Bill Witt Park,
all as more fully set forth in the contract, a substantial copy of which
is attached hereto, marked Exhibit "A", and made a part hereof.
SECTION 2. That the City Manager be authorized to execute all
other documents necessary to implement the aforesaid project.
SECTION 3. The necessity to authorize execution of the aforesaid
contract and such other documents as may be necessary for development of the
Bill Witt Park in order to provide additional needed recreation facilities
for the community creates,a public emergency and an imperative public necessity
requiring the suspension of the Charter rule that no ordinance or resolution
shall be read at three several meetings of the City Council, and the Mayor
having declared such emergency and necessity to exist, 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 SO ORDAINED, this the /45t2 day
of October 1980.
ATTEST:
Cl Secrr dta y taffy
APPROVED:
/ DAY OF OCTOBER, 1980:
J. BRUCE AYCOCK: CITY ATTORNEY
MAY
HE CITY OF CORPUS CHRISTI, TEXAS
tAICRQFIL I W
$Qa.) -OP ?Imp
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TEXAS PARKS AND WILDLIFE DEPARTMENT
Teas Local Parks, Recreation, and Open Space Fund Agreement
Texas Parks and Wildlife Department Number 20-00003
Project Name Bill Witt Park
Project Period
Project Cost
9/3/80 to 9/3/83
$700,000
Approved State Funds
$350.000
The undersigned political subdivision agrees to furnish the Department a comprehensive
report detailing the present and anticipated use of the property, any contiguous
additions to the property and any major changes in the character of the property,
including the extent of park development which may have taken place. This report will
be furnished on the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
5
The City of Corpus Christi will develop Bill Witt Park with the following: Utilities
to include sewer, water and irrigation system and electrical, parking, a restroom/con-
cession building, 4 lighted softball fields, 2 unlighted soccer fields, 2 unlighted
kickball fields and signs.
ALL UTILITY LINES WILL BE PLACED UNDERGROUND.
The following attachment is hereby incorporated into this Agreement General
Provisions dated June, 1980
* STATE OF TEXAS * * POLITICAL SUBDIVISION *
BY
CHARLES D. TRAVIS.
TITLE Executive Director BY
NAME OF POLITICAL SUBDIVISION
DATE
NAME AND TITLE (TYPE)
DATE
5700 (6-80)
TEXAS PARKS AND WILDLIFE DEPARTMENT
Teras Local Parks, Recreation, and Open Space Fund Agreement
Texas Parks and Wildlife Department Number 20-00003
Project Name Bill Witt Park
Project Period
Project Cost
9/3/80 to 9/3/83
$700,000
Approved State Funds
$350,000
The undersigned political subdivision agrees to furnish the Department a comprehensive
report detailing the present and anticipated use of the property, any contiguous
additions to the property and any major changes in the character of the property,
including the extent of park development which may have taken place. This report will
be furnished on the anniversary date of the grant (date the Department signed this
project agreement) for five years.
PROJECT SCOPE (Description of Project)
The City of Corpus Christi vill develop Bill Witt Park with the following: Utilities
to include sewer, water and irrigation system and electrical, parking, a restroom/con—
cession building, 4 lighted softball fields, 2 unlighted soccer fields, 2 unlighted
kickball fields and signs.
ALL UTILITY LINES WILL BE PLACED UNDERGROUND.
The following attachment is hereby incorporated into this Agreement General
Provisions dated June; 1980
* STATE OF TEXAS * * POLITICAL SUBDIVISION
BY
CHARLES D. TRAVIS'
TITLE Executive Director BY
NAME OF POLITICAL SUBDIVISION
DATE
NAME AND TITLE (TYPE)
DATE
CERTIFICATE OF LAND DEDICATION FOR PARK USE
(LPF Program)
This is to certify that a permanent record shall be kept in the City
of Corp.'s Christi public property records and available for
(city, county, other)
public inspection to the effect that the property described in the scope
of the project agreement for Bill Witt Park (Project
(name of park)
Number 20-00003 ), and the dated project boundary map made part of that
agreement, has been acquired or developed with Texas Local Parks, Recreation,
and Open Space Fund Program assistance, and that it cannot be converted to
other than public outdoor recreation use without the written approval of the
Executive Director of the Texas Parks and Wildlife Department.
.Signature
Name and Title (type)'
Date
OF 6700-2 10/80)
BILL WITT PARK
(Corpus Christi)
1. Construction plans and specifications
A. City forces
2. Construction
A. Site preparation $ 9,000
B. Utilities
1. Sewer 9,600
2. Water & irrigation system 23,000
3. Electrical 7,400
C. Parking 40,000
D. Restroom/concession building 144,000
E. Recreational facilities
1. Lighted softball fields (4) 286,000
2. Soccer fields unlighted (2) 34,000
3. Kickball fields unlighted (2) 80,000
F. Miscellaneous
A. Contingencies and signs 57,000
20-00003
$ 10,000
690,000
TOTAL $70 -0701 --
MATCHING
00MATCHIUG $350,000
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•5700 (6-80)
TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROJECT AGREEMENT
General Provisions
Part I Definitions
A. The term "Department" as used herein means the Texas Parks and Wildlife
Department.
8. The term "Director" as used herein means the Executive Director of •
the Texas Parks and Wildlife Department, or any representative lawfully
delegated the authority to act for the Executive Director.
C. The term "Project" as used herein means a single project which is
the subject of this project agreement.
D. The term "Participant" as used herein means the political subdivision
which is party to the project agreement.
• 1
E. The term "Fund" as used herein means the Texas Local Parks, Recreation,
and Open Space Fund.
The term "Procedural Guide" as used herein means the Procedural Guide
for the Land and Water Conservation Fund Program.
Part II Continuing Assurances
The parties to the project agreement specifically recognize that the Texas
Local Parks, Recreation, and Open Space Fund assistance project creates
an obligation to maintain the property described in the project agreement
consistant with the Texas Local Parks, Recreation, and Open Space Fund
Act and the following requirements:
5700 (6-80)
0
A. The Participant agrees that the property described in the project
agreement and the dated project boundary map made part of that agreement
is being acquired or developed with Fund assistance, and that it shall
not be converted to other than public recreation use but shall be maintained
in public recreation in perpetuity or for the term of the lease in the
case of leased property.
B. The Participant agrees that the benefit to be derived by the State
of Texas from the full compliance by the Participant with the terms of
this agreement is the preservation, protection, and the net increase in -
%the quality of public recreation facilities and resources which are available
to the people of the State, and such benefit exceeds to an immeasurable
and unascertainable extent the amount of money furnished by the State
by way of assistance under the terms of this agreement.
C. The Participant agrees that the property and facilities described g
in the project agreement shall be operated and maintained as prescribed
by Appendix N of the Procedural Guide. -
D. The Participant agrees that a permanent record shall be kept and
available for public inspection to the effect that the property described
in the scope of the project agreement, and the dated project boundary
map made part of that agreement, has been acquired or developed with Fund
assistance and that is cannot be converted to other than public recreation
use.
E. Nondiscrimination
1. The Participant shall comply with Title VI of the Civil Rights
Act of 1964 and in accordance with Title VI of that Act, no person
in the United States shall, on the ground of race, religion, color,
sex, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination in the
use of any property or facility acquired or developed pursuant to
the project agreement. The Participant shall immediately take any
measures necessary to effectuate this provision.
5700 (6-80) '
2. The Participant shall comply with Title VI of the Civil Rights
Act of 1964, which in part,
prohibits discriminatory employment practices resulting
in unequal treatment of persons who are or should be
benefiting from the grant -aided facility
b) prohibits discriminating against any person on the basis
of residence.
Part III Project Assurances
A. Project Applicaton
1. The Application for State Assistance bearing the same project
number as the agreement and associated documents is by this reference
made a part of the agreement.
2. The Participant possesses legal authority to apply for the grant
and to finance and construct the proposed facilities. A resolution,
motion, or similar action has been duly adopted or passed authorizing
the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified
as the official representative of the Participant to act in connection
with the application and to provide such additional information as
may be required.
3. The Participant has the ability and intention to finance the
non -State share of the costs for the project. Sufficient funds will
be available to assure effective operation and maintenance of the
facilities acquired or developed by the project.
5700 (6-80) '
B. Project Execution
1. The project period shall begin with the date of approval of
the project agreement or the effective date of a waiver of retro—
activity and shall terminate at the end of the stated or amended
project period unless the project is completed or terminated sooner
in which event the project period shall end on the date of completion
or termination.
2. The Participant will cause work on the project to be commenced
within a reasonable time after receipt of notification that funds
have been approved and assure that the project will be prosecuted
to completion with reasonable diligence.
3. The Participant will require the facility to be designed to
comply with the minimum requirements for accessibility for the
handicapped under the provisions of Article 687g, V.A.C.S. (S.B_
#111). The Participant will be responsible for conducting inspections
to insure compliance with these specifications by the contractor.
4. The Participant shall secure completion of the work in accordance
with approved construction plans and specifications, and shall secure
' compliance with all Federal, State, local laws and regulations.
5. In the event the project covered by the project agreement cannot
be completed in accordance with the plans and specifications for
the project, the Participant shall bring the project to a point of
recreational usefulness agreed upon by the Participant and the Director
or his designee.
6. The Participant will provide for and maintain competent and
adequate architectural engineering supervision and inspection at
the construction site to insure that the completed work conforms
with the approved plans and specifications; also, it will furnish
progress reports and such other information as the Department may
require.
5700 (6-80) '
B. Project Execution
0
1. The project period shall begin with the date of approval of
the project agreement or the effective date of a waiver of retro-
activity and shall terminate at the end of the stated or amended
project period unless the project is completed or terminated sooner
in which event the project period shall end on the date of completion
or termination.
2. The Participant will cause work on the project to be commenced
within a reasonable time after receipt of notification that funds
have been approved and assure that the project will be prosecuted
to completion with reasonable diligence.
3. The Participant will require the facility to be designed to
comply with the minimum requirements for accessibility for the
a
handicapped under the provisions of Article 687g, V.A.C.S. (S.B.
#111). The Participant will be responsible for conducting inspections
-
to insure compliance with these specifications by the contractor.
4. The Participant shall secure completion of the work in accordance
with approved construction plans and specifications, and shall- secure
compliance with all Federal, State, local laws and regulations.
5. In the event the project covered by the project agreement cannot
be completed in accordance with the plans and specifications for
the project, the Participant shall bring the project to a point of
recreational' usefulness agreed upon by the Participant and the Director
or his designee.
6. The Participant will provide for and maintain competent and
adequate architectural engineering supervision and inspection at
the construction site to insure that the completed work conforms
with the approved plans and specifications; also, it will furnish
progress reports and such other information as the'Department may
require.
5700 (6-80)
7. The Participant will comply with the terms of Title II and Title
the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91-646) 94 Stat. 1894 (1970), and the applicable
regulations and procedures implementing such Act for all real property
acquisitions and where applicable shall assure that the Act has been
complied with for property to be developed with assistance under
the project agreement.
8. The Participant will comply with the provisions of: Executive
Order 11988, relating to evalutation of flood hazards; Executive
Order 11288, relating to the prevention, control, and abatement of
water pollution, Executive Order 11990, relating to the protection
of wetlands, and the Flood Disaster Protection Act of 1973 (P.L.
93-234) 87 Stat. 975. •
9. The Participant will assist the Department in its compliance a
with Section 106 of the National Historic Preservation Act of 1966
and the Archeological and Historic Preservation Act of 1966 by
a) consulting with the Texas Historical Commission on the
conduct of investigations, as necessary, to identify proper—
ties listed in or eligible for inclusion in the National
Register. of History Places that are subject to affects
by the activity, and to notify the Department of the exis—
tence of any such properties, and by
b) complying with all requirements established by theDepart—
ment to avoid or mitigate adverse affects upon such
properties.
C. Construction Contracted for by the Participant Shall Meet the
Following Requirements:
1. Contracts for construction in excess of $3,000 shall be awarded
through a process of competitive bidding involving formal advertising,
with adequate purchase description, sealed bids, and public openings.
5700 (6-80)
Copies of all advertisements, bids, and a copy of the contract shall
be provided the Director. .
2. The Participant shall inform all bidders on contracts for
construction that Program Funds are being used to assist in
construction.
3. Written change orders shall be issued for all necessary changes
in the facility being constructed. Such change orders shall be sub-
mitted to the Department for review and, if approved, shall be made
a part of the project file and should be kept available for audit.
4. Contracts for construction shall include a provision for compli-
ance with the Copeland "Anit-kickback" Act.'
5. The Participant shall incorporate, or cause to be incorporated,
into all construction contracts the following provisions:
"During the performance of this contract, the contractor agrees as
follows:
"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or
national origin. The contractor will take affirmative action to
insure that applicants are employed, and that employees are treated
during employment, without regard to' their race, religion, color,
sex, or national origin. Such action shall include, but not -be limited
to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection of training,
including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions
. of the nondiscrimination clause.
5700 (6-80)
"(2) The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment
without regard to race, religion, color, sex, or national origin.
"(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by the
agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202
of Executive Order No. 11246, as amended (3CFR 169 (1974)), and shall
post copies of notices in conspicuous places available to employees
and applicants for employment.
"(4) The contractor will comply with all provisions of Executive
Order No. 11246, as amended, and the rules, regulations, and relevant
orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required
by Executive Order No. 11246, as amended, and by the rules, regula-
tions, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investi-
gation to ascertain compliance with such rules,.regulations, and
orders. -
"(6) In the event of the contractor's noncompliance with the -non • -
discrimination clauses of this contract or with any of such rules, \
regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the contractor may be declared
ineligible for further Governemnt contracts in accordance with proce-
dures authorized in Executive Order No. 11246, as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246, as amended, or by rule, regulations, or
order of the Secretary of Labor, or as otherwise provided by law.
'5700 (6-80)
"(7) The contractor will include the provisions of Paragraphs (I)
through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246, as amended,
so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any
subcontract or purchase order as the contracting agency with respect
to any subcontract or purchase order as the contracting agency may
direct as means of enforcing such provisions, including sanctions
for noncompliance: Provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcon—
tractor or vendor as a result of such direction by the contracting
agency, the contractor may request the United States to enter into
such litigation to protect the interests of the Unites States."
O. Conflict of Interests
1. No official or employee of the State or Local Government who
-is authorized in his official capacity to negotiate, make, accept,
or approve, or to take part in such decisions regarding a contract
or subcontract in connection with this project shall have any finan—
cial or other personal interest in any such contract.
2. No person performing services for the State or Local Government
in connection with this project shall have a financial or other personal
interest other than his employment or retention by the State or Local
Government, in any contract or subcontract in connection with this
project. No officer or employee of such person retained by the State_
or
tate_or Local Government shall have any financial or other personal interest
in any real property acquired for this project unless such interest
is openly disclosed upon the public records of the State, and such
officer, employee or person has not participated in the acquisition
for or on behalf of the Participant.
5700 (6-80)
E. Project Costs
Project Cost eligible for assistance shall be determined upon the
basis of the criteria set forth by the Federal Land and Water Con—
servation Fund Program, and House Bill 233, Acts of the 66th Legis—
lature, 1979.
F. Project Administration
1. The Participant shall promptly submit such reports and documen—
tation as the Director may request.
2. Properties and facilities acquired or developed with Fund assistance
shall be available for inspection by the Department at such intervals
as the Director shall require. The Participant will promptly submit
status reports as required by the Director.
G. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records,
and all other records pertinent to this grant shall be retained for
a period of three years after final payment; except the records shall
be retained beyond the three-year period if audit findings have not
been resolved. ; .r
2. The retention period starts from the date of the final expendi—
ture report for the project.
3. Microfilm copies are authorized in lieu of original records.
4. The Director, State Comptroller of Public Accounts, State Auditors
Office, or any of their duly authorized representatives, shall have
access to any books, documents, papers, and records of the Participant .
which are pertinent to a specific project for the purpose of making .
audits, examinations, excerpts and transcripts. _
./.1 5700 (6-80)
H. Project Termination
1. The Director may temporarily suspend State assistance under
the project pending corrective action by the Participant or pending
a decision to terminate the grant by the Department.
2. The Participant may unilaterally terminate the project at any
time prior to the first payment on the project. After the initial
payment, the project may be terminated, modified, or amended by the
Participant only by mutual ..agreement with,the Department. '
3. The Director may terminate the project in whole, or in part,
at any time before the date of completion, whenever it is determined
that the Participant has failed to comply with the conditions of
the grant. The Director will promptly notify the Participant in
writing of the determination and the reasons for termination, together
with the effective date. Payments made to the Participant or recov-
eries by the Department under projects terminated for cause shall
be in accord with the legal rights and liabilities of the parties.
4. The Director or Participant may terminate grants in whole, or
in part at any time before the date of completion, when both parties
agree that the continuation of the project would not produce beneficial
results commensurate with thefurther expenditure.of funds. The
two parties shall agree upon the termination conditions, including
the effective date and, in the case of partial termination, the portions
to be terminated. The Participant shall not incur new obligations
for the terminated portion after the effective date and shall cancel
as many outstanding obligations as possible. The Department may
allow full credit to the Participant for the State share of the noncan-
cellable obligations, properly incurred by the Participant prior
to termination.
5. Termination either for cause or for convenience requires that
the project in question be brought to a state of recreational use-
fulness agreed upon by the Participant and the Director or that all
funds provided by the Department be returned.
CERTIFICATE OF LAND DEDICATION FOR PARK USE
(LPF Program)
This is to certify that a permanent record shall be kept in the City
of Corpus Christi public property records and available for
(city, county, other)
public inspection to the effect that.the property described in the scope
of the project agreement for
Bill Witt Park (Project
(name of park)
Number 20-00003 ), and the dated project boundary map made part of that
agreement, has been acquired or developed with Texas Local Parks, Recreation,
and Open Space Fund Program assistance, and that it cannot be converted to
other than public outdoor recreation use without the written approval of the
Executive Director of the Texas Parks and Wildlife Department. _ _
Signature
Name and Title (type)_
Date
OF 6700-2 )6/80)
Corpus Christi, TexasTex
tat day of L,��fAJ.td[i/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.
The Charter rule was
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
Respectfully,
Or Atilt.
Ir
THE C TY OF CORPUS CHRISTI, TEXAS
MAY
suspended by the following vote:
The above ordinance was
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
passed by the following vote:
15801