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HomeMy WebLinkAbout16613 ORD - 10/21/1981lt;10/19/81/1st AN ORDINANCE AUTHORIZING THE CITY MANAGER 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 METROPO- LITAN HIGHWAY NO. 407, HORNE ROAD FROM COLUMBIA STREET TO OLD BROWNSVILLE ROAD, 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 $151,500 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-10, HORNE ROAD, COLUMBIA STREET TO OLD BROWNSVILLE ROAD, AS THE CITY'S SHARE OF CONSTRUCTION COSTS, WHICH SUMS ARE TO TO BE PLACED IN ESCROW WITH THE TEXAS 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 and he is hereby authorized to execute an Escrow Agreement with the State of Texas, acting by and through the State Highway and Public Transportation Commission, concerning the con- struction of Metropolitan Highway No. 407, Horne Road from Columbia Street to Old Brownsville Road, 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. SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $151,500 for Project No..220-77-10, Horne Road from Columbia Street to Old Brownsville Road, as the City's share of the construction costs, which sums are to be placed in escrow with the Texas State Treasurer, Account of Trust Fund No. 927. 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 for preserving public property by executing the above agreement and expediting construction of necessary improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance .is passed and shall take effect upon first reading as an emergency measure this the 4 day of October, 1981. ATTEST: ty Secretary APPROVED: e?-et—DAY OF OCTOBER, 1981: J. BRUCE AYCOCK,,CITY A TORNEY By MAYOR THE ITY OF CORPUS CHRISTI, TEXAS SEP 271984' MICROFILMED 12 STATE OF TEXAS COUNTY OF TRAVIS 1 1 1 M R040(2) 8040-16-2 Nueces County THIS AGREEMENT, made this day of , 1981, 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, curb, gutter, sidewalks, driveways and incidental items_within the limits on Horne Road from Columbia Street, west to Old Brownsville Road on Metropolitan Highway No. 407, 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. Aiie estimated construction cost of this work is One Hundred Fifty One Thousand Five Hundred and No/100 Dollars ($151,500.00), 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. 72204, 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. • 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 Fifty One Thousand Five Hundred and No/100 Dollars ($151,500.00), 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. 72204, as it applies 2. to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties to be executed in duplicate on the day Ernest M. Briones, Acting City Mgr. By: ATTEST: CITY OF CORPUS CHRISTI Party of the First Part City Secretary APPROVED: DAY OF OCTOBER, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: Assistant City Manager, 3. hereto have caused these presents above stated. 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: By: Asst. Engineer -Director under authority of Commission Minute 78501 Recommended for execution: • (State) Director, Finance 4 WHEREAS, in NUFCES COUNTY, the City of Corpus Christi has re- quested assistance in reconstruction on Horne Road from Columbia Street to Old Brownsville Road, a distance of approximately 0.8 mile; and WHEREAS, Horne Road is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Corpus Christi in such work; NOW, THEREFORE, the (mower -Director is directed to tender the following proposal to the City ut Corpus Christi: Provided the City will: 1. Conform to State Uep.Irtment of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction responsibility. 2. Maintain all of the work constructed as part of the project and agree to regulate traffic 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 of grading, structures and sur- facing at an estimated cost of $465,600.00 as authorized in the 1977-1978 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 Horne Road extending from Farm to Market Road 665, east to Columbia Street, a distance of approximately 0.8 mile, he and is hereby designated as a METROPOLITAN HIGHWAY. and the 1ngineer-Director is directed to enter into any necessary agreements with the City covering the details of the pro- posed improvements, to proLeed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction in the most feasible and economical manner. It is understood that the City may discharge its construction obligations at outlined herein in any manner as it may elect. in the event the City desires the State to include its portion of the work in the State's construction contract, the Inlineer-Director is hereby autho- rized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall berun.e operative upon acceptance by the City of Corpus Christi and if not accepted within 90'days of the date hereof, the action herein contained shall he automatically cancelled. Minute No. 72204 January 20, 1977 COPY "EXHIBIT A" • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATIOr Z tticle IV Section 21) FONDS (City Charter October 9, 1981 I certify the City Council that $151,500 , the amount required for the contract, agreement Obligation or expenditures contemplated in the above and forgoing 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. 220-77-10 Project Name Borne Road Columbia Parkway to Old Brownsville Road from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 19e/ 1° 10ir0)1 FIN 2-55 Revised 7/31/69 Corpus Christi, T xas 2/ day of , 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, MAY Council Members Ar enAp THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the folll ing vote: Luther Jones / Betty N. Turner —� /�' - Jack K. Dumphy Bob Gulley 1. Herbert L. Hawkins, Jr. /y Dr. Charles W. Kennedy / Cliff Zarsky / 16613 lt;10/19/81/1st AN ORDINANCE AUTHORIZING THE CITY MANAGER 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 METROPO- LITAN HIGHWAY NO. 407, HORNE ROAD FROM COLUMBIA STREET TO OLD BROWNSVILLE ROAD, 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 $151,500 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-10, HORNE ROAD, COLUMBIA STREET TO OLD BROWNSVILLE ROAD, AS THE CITY'S SHARE OF CONSTRUCTION COSTS, WHICH SUMS ARE TO TO BE PLACED IN ESCROW WITH THE TEXAS 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 and he is hereby authorized to execute an Escrow Agreement with the State of Texas, acting by and through the State Highway and Public Transportation Commission, concerning the con- struction of Metropolitan Highway No. 407, Horne Road from Columbia Street to Old Brownsville Road, 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". SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $151,500 for Project No..220-77-10, Horne Road from Columbia Street to Old Brownsville Road, as the City's share of the construction costs, which sums are to be placed in escrow with the Texas 'State Treasurer, Account of Trust Fund No. 927. 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 for preserving public property by executing the above agreement and expediting construction of necessary improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance,is passed and shall take effect upon first reading as an emergency measure this the Z% day of October, 1981. ATTEST: ty Secretary MAYOR THE ITY OF CORPUS CHRISTI, TEXAS APPROVED: ?f DAY OF OCTOBER, 1981: J. BRUCE AYCOCK CITY A0CINEY l/�/,ti/Yyf�✓ SEP 271984/ MICROFILMED 12 M R040(2) 8040-16-2 Nueces County STATE OF TEXAS -X X COUNTY OF TRAVIS X THIS AGREEMENT, made this day of , 1981, 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, curb, gutter, sidewalks, driveways and incidental items within the limits on Horne Road from Columbia Street, west to Old Brownsville Road on Metropolitan Highway No. 407, 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 One Hundred Fifty One Thousand Five Hundred and No/100 Dollars ($151,500.00), 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. 72204, 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. 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 Fifty One Thousand Five Hundred and No/100 Dollars ($151,500.00), 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. 72204, as it applies 2. to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto bave caused these presents to be executed in duplicate on the day above stated. By: CITY OF CORPUS CHRISTI Party of the First Part Ernest M. Briones, Acting City Mgr. ATTEST: City Secretary APPROVED: DAY OF OCTOBER, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: - Assistant City Manager,) 3. 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: By: Asst. Engineer -Director under authority of Commission Minute 78501 Recommended for execution: (State) Director, Finance WHEREAS, in NUECES COIIUiY, the City of Corpus Christi has re- quested assistance in reconstruction on Horne Road from Columbia Street to Old Brownsville Road, a distance of approximately 0.8 mile; and WHEREAS, Horne Road is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Corpus Christi in such work; NOW, IIIEREFORE, the Lug nicer -Director is directed to tender the following proposal to the City of Corpu•. Christi: Provided the City will: 1. Conform to State Department of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction responsibility. 2. Maintain all of the work constructed as part of the project . and agree to regulate traffic 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 of grading, structures and sur- facing at an estimated cost of $465,600.00 as authorized in the 1977-1978 Urban System Program. Upon acceptance of the provision.. of this Order by the appropri- ate officials of the City of Corpus Christi, IT IS ORDERED that Horne Road extending from Farm to Market Road 665, east to Columbia Street, a distance of approximately 0.8 utile, be and is hereby designated as a METROPOLITAN HIGIIWAY. and the ingincer-Director is directed to enter into any necessary agreements with the City covering the details of the pro- posed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction in the most feasible and economical manner. It is understood that the City may discharge its construction obligations as outlined horein in any i,i.uuur as it may elect. In the event the City desires the Stale to im lude its portion of the work in the State's construction contract, the Engineer -Director is hereby autho- rized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall bero❑me operative upon acteptance by the City of Corpus Christi and if not accepted within 90'days of the -date hereof, the action herein contained shall he automatically cancelled. Minute No. 72204 January 20, 1977 COPY a "EXHIBIT A" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 9, 1981 I certify to the City Council that $151,500 , 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 Nb. and Name No. 220 Street Bond Fund Project No. 220-77-10 Project Nane Horne Road, Columbia Parkway to Old Brownsville Road frran which it is pzoj, sed to be drawn, and such money is not appropriated for any other purpose. ^d� , 19e/ e//71' /'I0,o� ,81 Io, iv FIN 2-55 Revised 7/31/69 FINANr'F r'`PAI'TMEN? ucr11 342PM'8I Corpus Christi, Texas 2/ day of , 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 MAY irr THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the folly 'ng vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. •Dr. Charles W. Kennedy Cliff Zarsky 16G13