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HomeMy WebLinkAbout16615 ORD - 10/21/19811t;10/19/81 ;1st AN ORDINANCE AGREE- MENTAUTHORIZISCROW WITH NTHE G HSTATE E YOFATEXAS, NAGER TACTING O UBY ANDTE AN THROUGH THROUGHTHE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CON- CERNING THE CONSTRUCTION OF METROPOLITAN HIGHWAY NO. 653, CARROLL LANE FROM SOUTH STAPLES TO GOLLIHAR AND FROM SOUTH PADRE ISLAND DRIVE TO TIGER LANE, 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 $455,600 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-3, CARROLL LANE, SOUTH STAPLES TO GOLLIHAR, AND FROM SOUTH PADRE ISLAND DRIVE TO TIGER LANE, 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; 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 construction of Metropolitan Highway No. 653, Carroll Lane from South Staples to Gollihar and from South Padre Island Drive to Tiger Lane, as more fully set forth in the Escrow 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 $455,600 for Project No. 220-77-3, Carroll Lane, South Staples to Gollihar and from South Padre Island Drive to Tiger Lane, 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: APPROVED:AY OF OCTOBER, 1981: -1441 MAYOR THE C TY OF CORPUS CHRISTI, TEXAS SEP 2 7199 J. B'UCE YCOCK,Y ATT'RNEY "' � - S�27l att By %� ` �° MICROFILMED STATE OF TEXAS COUNTY OF TRAVIS 1 1 1 THIS AGREEMENT, made this M R056(2) 8056-16-2 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 grading, flexible base, storm sewers, surfacing, water line, curb, gutter, driveways and incidental items within the limits from South Staples Street South to Gollihar Road and from South Padre Island Drive to Tiger Lane on Metropolitan Highway No. 653, 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 Four Hundred Fifty Five Thousand Six Hundred and No/100 Dollars ($455,600.00), 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. 78512, 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. PV" NOW 1'HhREFORE, 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 Four Hundred Fifty Five Thousand Six Hundred and No/100 Dollars ($455,600.00), 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 bits 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 coat, 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. 78512, 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. By: CITY OF CORPUS CHRISTI Party of the First Part Ernest M. Briones, Acting City Mgr. Ar1'nST: City Secretary APPROVED: DAY OF OCTOBER, 1981: J. BRUCE AYCOCK, CITY ATTORNEY 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: By - - • Assistant City Attorney APPROVED: (State) Director, Finance Assistant City Manager 3. WHEREAS, in NUECES CUUNIY, the City rpus Christi has re- quested assistance in reconstruction on Carrot. Lane between South Staples Street and Tiger Lane, .t distance of approximately 1.9 miles; and WHEREAS, Carroll lane is included in the Urban System; and WHEREAS, it i5 the de, u•, of the %rate Department of Highways and Public Transportation to ,r.,;r<t the t:rly of Corpus Christi in such work; NOW, iIILRLFORL, the itcli eet-(1ere,tur is directed to tender the following" propusal to the Cif,, ,,1 lorptr. Christi: Provided the City will: 1. Conform to State iepartment. of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction or curb and gutter, storm sewers and drive- ways and sidewalk... 2. Maintain all of the work constructed as part of the project and -agree to regulate traftrc and prevent encroachment on the right of way. .ill in ac:curdance with governing policies and regulations of the i)epartmrnt. Subject to the availability of Inderal -aid Urban System funds and the eligibility of the propowd work for-t1nancing with said funds, the State Department of Highway and Public transportation will: 1. Prepare cunstrur t tun plan; .td specificat4ons.- 2. Provide for recon.rrue:tron of leading, structures and sur- facing at an e.ti.tted cost of 5695,600.00 as authorized in the 1977-1978, iIiq-I't:,U and 11;:1-1982 Urban System Programs. Upon acceptance ut the provt,ruu. of this Order by the appropri- ate officials of the City of tc•pus Cru i',ti, IT I5 ORDERED that Carroll Lane extending from South Staple, Street to Tiger Lane, a distance of approximately 1.9 miles, he and rti heron,designated-as a METROPOLITAN - 'HIGHWAY and the Engineer -Director i" directed to enter into any necessary agreements with the City covering the details of the proposed improve- ments and additional work to be included in the contract and financed by the City, to proceed with the engineering development of the project and after the City has fulfilled its re,pore.ibrlities, to proceed with con- struction in the most feasible .end c con.m.iral manner. It is understood that fhO City :car discharge its Caostruction obligations as outlined heroin in any n,ner 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 Innineer-Director is hereby autho- rized to enter into agreement .;ith the City for such work and its cost as may be agreed upon. This Order shall tn•unre 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 auto,r,,+tically cancelled. Minute No, 78512 May 20, 1981 COPY 4 "EXHIBIT A" CITY OF CORPUS CHRISTI, T.AE CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 9, 1981 I certify to the City COunci l that $ 455,600 , 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. 220-77-3 Project Name Carroll Lane. South Staples to Gollihar and South Padre Island Drive to Tiger Lane fr a which it is proposed to be drawn, and such money is not appropriated for any other purpose. a-r/O-/ ,19 P/ (V -J` ,s1 Iv FIN 2-55 Revised 7/31/69 hl ucT 11 3.4; lie; CITY OF CORPUS CERISTI, TENDS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 9, 1981 I certify to the City Council that $ 455.600 , 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. 220-77-3 Project Name Carroll Lane. South Staples to Gollihar and South Padre Island Drive to Titer Lane from which it is pLowsed to be drawn, and such money is not appropriated for any other purpose. YICY71P1 ,19P1 lv FIN 2-55 Revised 7/31/69 A . UCT 42• ' '1E fif tg Corpus Christi, Texas V day of p /j� , 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 CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll•wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. .Dr. Charles W. Kennedy Cliff Zarsky 16615 lt;10/19/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREE- MENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CON- CERNING THE CONSTRUCTION OF METROPOLITAN HIGHWAY NO. 653, CARROLL LANE FROM SOUTH STAPLES TO GOLLIHAR AND FROM SOUTH PADRE ISLAND DRIVE TO TIGER LANE, 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 $455,600 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-3, CARROLL LANE, SOUTH STAPLES TO GOLLIHAR, AND FROM SOUTH PADRE ISLAND DRIVE TO TIGER LANE, 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; 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 construction of Metropolitan Highway No. 653, Carroll Lane from South Staples to Gollihar and from South Padre Island Drive to Tiger Lane, as more fully set forth in the Escrow 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 $455,600 for Project No. 220-77-3, Carroll Lane, South Staples to Gollihar and from South Padre Island Drive to Tiger Lane, 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 2/ day of October , 1981. ATTEST: Ci 5ecretar J MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: aAY OF OCTOBER, 1981: SEP 2 71g84 J. B UCEAAYCOCK, Y ATT'RNEY ;a;. sr, 27 By )r.f 4 .. MICROFILMED IX STATE OF TERAS COUNTY OF TRAVIS THIS AGREEMENT, made this M R056(2) 8056-16-2 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 grading, flexible base, storm sewers, surfacing, water line, curb, gutter, driveways and incidental items within the limits from South Staples Street South to Gollihar Road and from South Padre Island Drive to Tiger Lane on Metropolitan Highway No. 653, 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 Four Hundred Fifty Five Thousand Six Hundred and No/100 Dollars ($455,600.00), 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. 78512, 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. Zywiagsq NOW rfiREFORE, 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 Four Hundred Fifty Five Thousand Six Hundred and No/100 Dollars ($455,600.00), to be used in paying for the pro- posed work required by the City in the City of Corpus Christi. It is further understoud 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 understoodthat the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 78512, 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 Ernest M. Briones, Acting City Mgr. ATTEST: City Secretary APPROVED: DAY OF OCTOBER, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By ssistant City Attorney APPROVED: Assistant City Manager 3. STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Patty 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 NIECES COUNIY, the City rpus Christi has re- quested assistance in reconstruction on Carrot. Lane between South Staples Street and Tiger Lane, a distance of approximately 1.9 miles; and WHEREAS, Carroll .aur r . tni lu,Ird 1n the Urban System; and WHEREAS, it is the de•,1r, of the ',tate Department of Highways and Public Transportation to 1.•,r,t thy tily of Corpus Christi in such work; NOW, 1HERLFORL, the tn. uuer•f1r„• tor• is d1 eited to tender the following proposal to the Cit y ,,i l,n•pu • Christi: Provided the City will: 1. Conform to State freparttntnt. of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction of c.urh and gutter, storm sewers and drive- ways and sidewalk,. 2. Maintain all of the work cuit;tructed as part of the project and agree to regulate traffic and prevent encroachment on the right of way. all in a.:cordance with governing policies and regulati0t15 o1 the department. Subject to the availability ut lodrral-aid Urban System funds and the eligibility of the proposed work for -financing with said funds. the State Department of Highways .id Public. Transportation will: 1. Prepare construt.tion plans and specifications."` 2. Provide for reton%frnctt,nt of grading, structures and sur- facing at an estli:tted c„•,t of S695,600.00 as authorized in the 1977-19711, 19,14-19:i0 and 1.1111-1982 Urban System Programs. Upon acceptance of the pruvi.ro:s of this Order by the appropri- ate officials of the City of t.rpus t•fu i•.1i, IT IS'ORDERED that Carroll Lane extending from South Staple•, Street lu tiger Lane, a distance of approximately 1.9 miles, be dad i, heron, designated -as a METROPOLITAN - HIGHWAY and the Engineer=0irt,ior t"•direct.ed to enter intoo any necessary agreements with the City covering the details of the proposed improve- ments and additional work to be 1111 luded in the contract and financed by the City, to proceed with the engineering development of the project and after the City has fulfilled ,t, re,pun%ibtlities, to proceed with con- struction in the most feasibly sold ,•con.,n•ica1 manner. It is understood that f0 City :,.,,, discharge its Construction obligations as outlined herein in any n.•rnrter• as it may elect. In the event the City desires the State to include its portion of the work in the State's construction cnnti.,ct, the tnytnet'r-Director is hereby autho- rized to enter into agreement .:iter the City fur such work and its cost as may be agreed upon. This Order shall brcui'e uperativ,• upon acceptance by the City of Corpus Christi and if not accepted within 00 days of the date hereof, the action herein contained shall he automatically cancelled. Minute No. 78512 May 20, 1981 COPY t "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 $ 455.600 , 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. 220-77-3 Project Name Carroll Lane South Staples to Gollihar and South Padre Island Drive to Tiger Lane from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 40r 6-! , 19 Pi ID .a /0 FIN 2-55 Revised 7/31/69 Corpus Christi, Texas 2/ day of 4P.:4144_,„ 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 i% introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the foll Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. .Dr. Charles W. Kennedy Cliff Zarsky THE CITY OF CORPUS CHRISTI, TEXAS ing vote: 18615