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Home My WebLink About16274 ORD - 05/27/1981CHRISTI, TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANS- PORTATION FUND PARTICIPATION IN UMTA PROJECT NO. TX -05-0073 IN THE AMOUNT OF 65% OF THE AUTHORIZED LOCAL SHARE COST INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT SYSTEM,)ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THS CITY COUNCIL OF THE CITY OF CORPUS SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with the State Department of Highways and Public Trans- / portation providing for State Public Transportation Fund participation in UMTA Project No. TX -05-0073 in the amount of 65% of the local authorized share cost incurred for capital improvements to the Transit System, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract 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 intro- duction 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 SO ORDAINED, this the 2/ day of May, 1981. ATTEST: C r Secretary APPROVED: '77 DAY OF MAY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY 16271 MAYOR Y f246.11°A"... THE OF CORPUS CHRISTI, TEXAS MICROFILMED /SEP 2'7 ?aA4 ;I LI CONTRACT STATE OF TEXAS X COUNTY OF TRAVIS THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State", and the City of Corpus Christi, hereinafter called the "City". WITNESSETH WHEREAS, the City has made application for a capital improvement grant through the Urban Mass Transportation Administration for financing the purchase of (1) fifteen new 35 -foot replacement buses, (2) one spare diesel power train, (3) two wheelchair lift -equipped vans, (4) fifteen bus shelters, (5) production and installation of bus stop signs, and (6) contingencies as described in "Attachment A" hereto; and, - WHEREAS, the Urban Mass Transportation Administration has approved said application on February 9, 1981, identified the same as project number TX -05-0073, and duly executed a contract between itself and the City for accomplishing the project; and, WHEREAS, in response to the City's request, Commission Minute Order Number 78068 as amended by Administrative Amendment dated December 30, 1980, authorized the State to provide $323,349 for assisting in financing said project; NOW, THEREFORE, the State and the City in consideration of the premises and mutual covenants and agreements of the parties hereto, to be made by them, respectively kept and performed, as hereinafter set forth, hereby agree as follows: I. The State will pay the City in an amount equal to sixty-five percent (65%) of the local share of the actual net project cost as determined by the State, or in the amount of Three Hundred Twenty Three Thousand Three Hundred Forty Nine and No/100 Dollars ($323,349.00), whichever is the lesser. The total payment by the State is generally not to exceed the total funds authorized by Commission Minute Order Number 78068 as amended by Administrative Amendment dated December 30, 1980, in the amount of Three Hundred Twenty Three Thousand Three Hundred Forty Nine and No/100 Dollars ($323,349.00). ..l In the event of any necessary adjustment to the Approved Project Budget ("Attach- ment A"), such adjustments being within the scope of the original project, allowed and approved by the federal agency, and so reflected in an amended federal project budget, the State funding for the project may be similarly amended to reflect an adjusted amount not to exceed sixty-five percent (65%) of the local share of the actual net project cost. The State will make payments to the City based upon properly prepared and executed Form 132's. The State, through its District Engineer, will certify by the executed Form 132 that the items indicated on said form for payment have been received by the City, and the State and the City together have inspected and accepted the same as satisfactory. The City shall make available to authorized representatives of the State and Federal agencies involved in this pro- ject all records applicable to said project. Cost allocation plans shall be equitable and are subject to audit. All costs shall be fully supported. II. Project facilities and equipment shall be used for the provision of public transportation services described within the duly executed contract between the Urban Mass Transportation Administration and the City for federal project number TX -05-0073. In the event that any project, facility and equipment are not used in the proper manner or are withdrawn from public transportation services to be used for other than the provision of public transportation services, the City shall immediately notify the State and shall remit to the State a proportional amount of the fair market value of such facilities or equipment on the basis of the ratio of the grant made by the State to the actual total participating cost of the project.' The procedure for determining the fair market value shall be at the option of the State as either (1) the value of the property as determined by competent appraisal, conducted as soon after such withdrawal or misuse occurs as feasible, by appraiser(s) acceptable to both the City and the State, or (2) actual proceeds from a public sale, acceptable to both the City and the State, of such property. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the day of , 1981, by the City of Corpus Christi and on the day of , 1981, by the State of Texas. PARTY OF THE FIRST PART PARTY OF THE SECOND PART State of Texas City of Corpus Christi Certified as being executed for the purpose and effect of activating and/or carrying out the orders established By: _policies, or work programs heretofore R. Marvin Townsend approved and authorized by the State Highway and Public Transportation Title: City Manager Commission. APPROVED: ATTEST: By: Executed and approved for the State Highway and Pdblic Transportation Commission Under Authority of Commission Minute Order 77446. Recommended for Execution: District Engineer, District 16 Director, Finance Division State Planning Engineer, Transportation City Secretary APPROVED AS TO FORM AND LEGALITY: J. Bruce Aycock, City Attorney By:• Asst. City Attorney Countersigned: By: Title: Grant Project No. Applicant - The project budget Project Budget Line Item Code 10.01.55 10.03.04 10.01.82 10.09.81 -10.09.03 32.00.00 Code Year 21.10.00 80 21.30.00 80 21.50.00 21.20.00 79 21.20.00 80 21.20.00 81 ATTACHMENT A APPROVED PROJECT BUDGET TX -05-0073 City of Corpus Christi and corresponding cost estimates are as follows: Description Amount Purchase of fifteen 35 foot, 36-45 passenger diesel transit buses with air -conditioners and wheelchair lifts $2,205,000 Purchase of one spare diesel power train Purchase of two wheelchair lift -equipped vans Purchase and installation of 15 bus shelters Purchase and install bus stop signs Contingencies • APPROVED FINANCING ESTIMATED GROSS PROJECT COST Revenue Financing ESTIMATED NET PROJECT COST Description Amount Urban Formula (Tier I) $ 1,009,288 Supplemental (Tier 2) Rail Capital Bus Capital Bus Capital Bus Capital Total Federal Grant (80%) Local Share (20%) 95,572 369,167 369,167 146,646 Maximum Federal funds to be expended under this grant $ 1,989,840 33,000 50,000 60,000 . 18,500 -124,000 $ 2,490,500 $ 3,200 $ 2,48/,300 $ 1,989,840 $ 497,460 Corpus Christi, Te as 21 day of /g ,1921 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,- but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, Council Members The Charter -rule was suspended - Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR The City of Corpus Christi, Texas by the following vote: by the following vote:, 16274