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HomeMy WebLinkAbout15918 ORD - 11/26/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREE- MENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CON- CERNING THE CONSTRUCTION OF METROPOLITAN HIGHWAY 142, McARDLE ROAD, HOLMES TO CRESCENT STREET, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART, HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $313,200 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-72-3, McARDLE ROAD, HOLMES DRIVE TO CRESCENT STREET, FOR THE CITY'S SHARE OF THE CONSTRUCTION COSTS, WHICH IS TO BE PLACED IN ESCROW WITH THE 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 of Texas, acting by and through the State Highway and Public Transportation Commission, concerning the construction of Metropolitan Highway 142, McArdle Road, Holmes to Crescent Street, 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 $313,200 out of the No. 220 Street Bond Fund applicable to Project No. 220-72-3, McArdle Road, Holmes Drive to Crescent Street, for the City's share of the construction costs, which is to be placed in escrow with the State Treasurer, Account of Trust Fund No. 927. SECTION 3. The necessity to authorize at the earliest practicable date the execution of the agreement and to appropriate the sums necessary to accomplish the construction authorized by said agreement 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 finally on the date of its introduction and take 15918 I1GBOFJLMED kup27 wx4 effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 26th day of November 1980. ATTEST: Cit/Secretary APPROVED: 26th DAY OF NOVEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By L-rit/ • ; Assistant C j%ttorney MAY THE ITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this M R021(1) 8021-16-1 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 storm sewer, sidewalks, driveways, curb, gutter and incidental items in Corpus Christi on McArdle Road from Holmes Drive to Crescent Street on Metro- politan Highway No. 142, 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 Three Hundred Thirteen Thousand Two Hundred and No/100 Dollars ($313,200.00), 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. 74904, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 1. • n f 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 Three Hundred Thirteen Thousand Two Hundred and No/100 Dollars ($313,200.00), to be used in paying for the pro— posed 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 Minute No. 74904, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 2. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate By: CITY OF CORPUS CHRISTI Party of the First Part City Manager ATTEST: City Secretary APPROVED: DAY OF NOVEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: (Department Head) 3. on the day above stated. STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executedfor the purpose and effect of activating and/ or carrying out the orders, establishec 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 77446 Recommended for execution: (State) Director, Finance • WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re- quested revision of the limits of a project presently authorized on McArdle Road from Janet Street to Vance Street, a distance of approxi- mately 0.9 mile, to extend from Holmes Drive to Crescent Drive, a dis- tance of approximately 1.2 miles; and WHEREAS, the State Department of highways and Publ i!. Transporta- tion desires to assist in this request; NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City of Corpus Christi: Provided the City will: 1. Furnish all required right of way clear of obstructions with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Confori to State Department of Highways and Public. Transporta- tion policies and regulations regarding utility adjustments and construction. 3. Maintain ail of the work constructed as part of_the project and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of highways and Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide for reconstruction within the revised project liurits, financing the cost with funds previously authorized in the 1974 Urban System Program. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Corpus Christi, IT IS ORDERED that McArdie Road from Holmes Drive to Janet Street and from Crescent Drive to Vance Street, a total distance of approximately 0.3 mile, be and is hereby designated a METROPOLiTAiiHIGIIWAY and the Engineer -Director is directed to. enter into any necessary agreements with the City covering the detail, of - the proposed improvements, to proceed with the engineering developnuen of the project and after the City has fulfilled its responsibilities, to p:o ceed with construction as authorized herein in the most feasih1e -nd economical manner. Minute No. 74904 — Continued It is understood that the City may discharge itr, construrtion obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include its portion of the ;ror'k in the State's construction contract, the Engineer -Director i, herebi autho- rized to enter into agreement with the City for such work and it'• cost as may be agreed upon. This Order shall become operative upon acceptance by ILe City of Corpus Christi and if not accepted within 90 days nI the date hereof,. the action herein contained shall be automatically cancelled. Minute No. 74904 September 21, 1978 COPY "EXHIBIT A" • CITY OF CORPUS CHRISTI, TEXAS CE uIFICATION OF FUNDS (City Charter Article IV Section 21) November 24, 1980 I certify to the City Council that $ 313,200 , 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. 220-72-3 Project Name McArdle Road, Holmes Road to Crescent Street from which it is proposed to be drawn, and such money is not appropriated for any other purpose. "710 -v ---(e__, 19 PO FIN 2-55 Revised 7/31/69 Corpus Christi, -xas 24 day of 19 8a 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, reqdest 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, MAYO THE TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspende, by the -following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe, by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15918