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
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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.
•
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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