HomeMy WebLinkAbout16614 ORD - 10/21/1961lt;10/19/81;lst
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 CONSTRUCTION OF METROPOLITAN
HIGHWAY NO. 141, WALDRON ROAD, PARK ROAD 22 TO NAS
DRIVE, 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
$209,700 OUT OF THE NO. 220 STREET BOND FUND FOR PRO-
JECT NO. 220-77-12, WALDRON ROAD, PARK ROAD 22 TO NAS
DRIVE, AS THE CITY'S SHARE OF THE CONSTRUCTION COSTS,
WHICH IS 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:
3
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 construction
of Metropolitan Highway No. 141, Waldron Road , Park Road 22 to NAS Drive, 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 out of the No. 220
Street Bond Fund the sum of $209,700 for the aforesaid project, No. 220-77-12,
Waldron Road, Park Road 22 to NAS Drive, as the City's share of the construc-
tion 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 .J day of October , 1981.
ATTEST:
Ci Secretary
APPROVED:0Y OF OCTOBER, 1981:
J. BRUCE AYCOCK, CITY AT ORNEY
By (/Jl�/
G ,.
MAYOR
'
THE C OF CORPUS CHRISTI, TEXAS
MICROFILMEEI.
ii6614 SEP 27 19&
STATE OF TEXAS J
COUNTY OF TRAVIS J(
THIS AGREEMENT, made this
M R025(3)
8025-16-3
Nueces County
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 sewers, curb,
gutter, sidewalks and incidental items within the limits from 600' South.
of Park Road No. 22 to N.A.S. Drive on Metropolitan Highway No. 141
(Waldron Road), 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 Two Hundred Nine Thousand
Seven Hundred and No/100 Dollars -($209,700.00), 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. 72203, 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.
aeX/x11K •
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 Two Hundred Nine Thousand-Seven Hundred and
No/100 Dollars {$209,700.00), 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 contem-
plated 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 pre-
viously 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 under-
stood that the City by the execution of this agreement agrees to the
terms and conditions of Commission Minute No. 72203, as it applies to
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:
Ernest M Briones, Acting City Manager
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, establish
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
ti
WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re-
quested assistance in reconstruction on Waldron Road from Park Road 22
to NAS Drive, a distance of approximately 0.3 mile; and
WHEREAS, Waldron 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 Engineer -Director is directed to tender the
following proposal to the City of Corpus 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 $134,600.00 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 Waldron
Road extending from Park Road 27. northeast to State Highway 358, a dis-
tance of approximately 0:3 mile, be and is hereby designated as a METRO-
POLITAN HIGHWAY and the Engineer -Director is directed to enter into any
necessary agreements with the City covering the details of the proposed
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 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 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 become 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 be automatically cancelled.
Minute No. 72203
January 20, 1977
COPY
"EXHIBIT A"
CITY OF CORPUS CBRESTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
October 9, 1981
I certify to the City Council that $209,700 , 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 No. and Name No. 220 STreet Bond Find
Project No. 220-77-12
Project Name Waldron Road. Park Road 22 to NAS Drive
frau which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
d ;l ,i L
go "
FIN 2-55
Revised 7/31/69
Corpus Christi, Texas
Z,/ day of LJ , 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 meetings4I/we,—ther-efrr-e, 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
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the mellowing voter
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16614
lt;10/19/81;lst
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 CONSTRUCTION OF METROPOLITAN
HIGHWAY NO. 141, WALDRON ROAD, PARK ROAD 22 TO NAS
DRIVE, 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
$209,700 OUT OF THE NO. 220 STREET BOND FUND FOR PRO-
JECT NO. 220-77-12, WALDRON ROAD, PARK ROAD 22 TO NAS
DRIVE, AS THE CITY'S SHARE OF THE CONSTRUCTION COSTS,
WHICH IS 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 construction
of Metropolitan Highway No. 141, Waldron Road , Park Road 22 to NAS Drive, 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 out of the No. 220
Street Bond Fund the sum of $209,700 for the aforesaid project, No. 220-77-12,
Waldron Road, Park Road 22 to NAS Drive, as the City's share of the construc-
tion 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") day of October , 1981.
ATTEST:
Ci Secretary MAYOR
APPROVED:%Y OF OCTOBER, 1981:
J. BRUCE AYCOCK, AITY AT ORNEY
By (//L�a
THE C OF CORPUS CHRISTI, TEXAS
MICROFILMEII.
2iEs14 SEP 2 7198
STATE OF TEXAS
COUNTY OF TRAVIS
I
X
I
THIS AGREEMENT, made this
M R025(3)
8025-16-3
Nueces County
day of , 1981,
/3
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 sewers, curb,
gutter, sidewalks and incidental items within the limits from 600' South.
of Park Road No. 22 to N.A.S. Drive on Metropolitan Highway No..141
(Waldron Road), which is solely the City's responsibility and the City
has requested the State to construct or have constructed this work. The
$tate 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 Two Hundred Nine Thousand
Seven Hundred and No/100 Dollars -($209,700.00), 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. 72203, as it applies to the
• City, a copy of which is-attac'hed hereto and marked "Exhibit A" and made
a part of this agreement.
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 Two Hundred Nine Thousand Seven Hundred and
No/100 Dollars ($209,700.00), 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 contem-
plated 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 pre-
v_iously 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 £he'work to be done on
behalf of the City, as herein provided, will include the cost of
contingencies and construction•engineering. It is further under-
stood that the City by the execution of this agreement agrees to the
terms and conditions of Commission Minute No. 72203, as it applies to
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:
rrnest-k}. -Briones•, Acting 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, establish,
policies, or work programs heretofore
approved -and authorized by the State
Highway and Public Transportation
Commission: -- -
City Secretary By:
Asst. Engineer -Director under
APPROVED: authority of Commission Minute
78501
DAY OF OCTOBER, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By Recommended for_execution:
Assistant City Attorney
APPROVED:
Assistant City Manager
3.
(State) Director, Finance
ti
WHEREAS, in NUECES COUNTY, the City of Corpus Christi has re-
quested assistance in reconstruction on Waldron Road from Park Road 22
to NAS Drive, a distance of approximately 0.3 mile; and
WHEREAS, Waldron 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 Engineer -Director is directed to tender the
following proposal to the City of Corpus 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 5134,600.00 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 Waldron
Road extending from Park Road 22, northeast to State Highway 358, a dis-
tance of approximately 0:3 mile, be and is hereby designated as a METRO-
POLITAN HIGHWAY and the Engineer -Director is directed to enter into any
necessary agreements with the City covering the details of the proposed
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 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 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 become 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 be automatically cancelled.
Minute No. 72203
January 20, 1977
COPY
"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 $209,700 , 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 No. and Name No. 220 STreet Bond Fund
Project No. 220-77-12
Project Name Waldron Road. Park Road 22 to NAS Drive
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
a! , 1947.
1:2°
1/
10 I°pod
FIN 2-55
Revised 7/31/69
Corpus Christi, Texas
Z/ day of t r„Qp,Lj , 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 toconsiderationand 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
The above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
passed by the following votet
16614