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Home My WebLink About16461 ORD - 08/12/1981sp;8/11/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF THE CLARKWOOD DRAINAGE DITCH, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $166,700 OUT OF THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-67-46, CLARKWOOD DITCH, HIGHWAY 44 TO OSO CREEK, PAYABLE TO THE TEXAS STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLAR- ING 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 to execute an agreement between the City and the Texas Department of Highways and Public Transportation, acting by and through its State Highway and Public Transportation Commission, providing for the City's participation in construction of the Clarkwood Drainage Ditch, said construction to be performed by the Texas Department of Highways and Public Transportation, a substantial copy of which agreement is attached hereto and made a part here- of, marked Exhibit "A". SECTION 2. That there is hereby appropriated out of the No. 295 Storm Sewer Bond Fund the sum of $166,700 for the City's share of construc- tion payable to the Texas State Treasurer, Account of Trust Fund No. 927, applicable to Project No. 295-67-46, Clarkwood Ditch, Highway 44 to Oso Creek. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to authorize execution of the aforesaid agreement and to appropriate the sums necessary to expedite construction of the public improvements as described, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolu- tions at three regular meetings so that this ordinance is passed and shall 1.661. MICROFJLMED SEP 2 .r 1994 take effect upon first reading as an emergency measure this Ay day of August, 1981. ATTEST: 44i Secretary APPROVED:( DAY OF AUGUST, 1981 • ea - (ii Bruce Aycock, Cty Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS C 102-1-57 Nueces County STATE OF TEXAS X COUNTY OF TRAVIS. THIS AGREEMENT, made this day of � 19191. 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 Clarkwood Drainage Ditch and incidental items in Corpus Christi from State Highway 358 Interchange to Clarkwood Ditch on State Highway No. 44, which is solely the City's responsibility and the City has requested the ate to construct or have constructed this work. The State will anct or have constructed this work for and on behalf of the City ander the City's sole expense, excluding preliminary engineering. The eathated construction cost of this work is One Hundred Sixty Six Thousang Seven Hundred and No/100 Dollars ($166,700.00), 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.78683 , 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. £M' �h 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 One Hundred Sixty Six Thousand Seven Hundred and No/100 Dollars ($166,700.00), 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 Minute No. 78683, 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 on the day above stated. CITY OF CORPUS CHRISTI Party of the First Part By: City Manager ATTEST: 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: City Secretary By: APPROVED: AY OF AUGUST, 1981: J. BRUCE AYCOCK, CI ATTORNEY 3. • Asst. Engineer -Director under authority of Commission Minute 78501 Recommended for execution: (State) Director, Finance IS WHEREAS, in NUECES COUNTY on STATE HIGHWAY 44 from State Highway`358 to Clarkwood Ditch, a distance of approximately 3.8 miles, the Depart- ment proposes construction; and WHEREAS, the City of Corpus Christi will have financial responsibility for a portion of this construction; NOW, THEREFORE, the Engineer -Director is directed to enter into any necessary agreements with the City of Corpus Christi for the develop- ment of this project and to proceed with the work as planned. Minute No. 78683 July 16, 1981 COPY "EXHIBIT A" CITY OF CORPUS CHRISTI, TEAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 10, 1981 I certify to the City Council that $166,700 , 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 N. and Name No. 295 Storm Sewer Bond Fund Project No. Project No. 295-67-46 Project Name Clarkwood Ditch: Highway 44 to Oso Creek froze which it is proposed to be drawn, and such money is rot appropriated for any other purpose. 19 Pi aJW j/S1 11, FIN 2-55 Revised 7/31/69 Corpus Christi, Texas day of tellIPi 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is, introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE ITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1E361