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