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