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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