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HomeMy WebLinkAbout16929 ORD - 03/10/1982AN ORDINANCE AUTHORIZING ESCROW AGREEMENT WITH THE STATE OF TEXAS . CONCERNING ASPHALTIC OVERLAY ON AGNES AND LAREDO STREETS, FROM PORT AVENUE TO CHAPARRAL STREET; APPROPRIATING $28,800 AS THE CITY'S SHARE OF THE PROJECT COST; 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 asphaltic overlay on Laredo and Agnes Streets from Port Avenue to Chaparral Street, 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 amount of $28,800 applicable to Project No. 220-77-71, Laredo Street and Agnes Street, Port Avenue to Chaparral Street, as the City's share of manhole and valve cover adjustments only, which amount is 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 efficient administration of City affairs by executing the aforesaid agreement and providing the City's share of the project cost, such finding of an emer- gency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances and resolutions at three regular meetings so that this ordinance is assa4 and shall take effect upon first reading as an emergency measure this A9 day of March, 1982. ATTEST: ,e2& C Secretary APPRQUED: (61 g'^DAY OF MARCH, 1982: J. BRUCE AYCOCK, CIT ATTORNEY By MAYOR THE CITY 16929 F CORPUS CHRISTI, TEXAS AlliuKurILMECC tsEp -4 61984 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this HES 000S(126) 102-1-58 Nueces County day of , 1982, 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 adjusting manholes, valve covers and incidental items on Laredo Street and Agnes Street between Port Avenue and Chaparral Street on Loop 443, which is solely the City's responsibility and the City has requested the State to con- struct 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 con- struction cost of this work is Twenty Eight Thousand Eight Hundred and No/100 Dollars ($28,800.00), 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. 79359, 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. 4".Cti• 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 Twenty Eight Thousand Eight Hundred and No/100 Dollars ($28,800.00), 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 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. 79359 , 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: 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, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: City Secretary By: 3. Asst. Engineer -Director under authority of Commission Minute 78501 Recommended for execution: (State) Director, Finance " .^-scrraut-avemm, WHEREAS, in NUECES COUNTY in Corpus Chriiti on LOOP 443 (Laredo Street from Wet of 21st Street to Mesquite Street and Agnes Street from Port Avenue to Chaparral Street), a distance of approxiMately 1.6 miles, the State Depart- ment of Highways and Public Transportation is pJanning a project for addi- tional surfacing; and WHEREAS, the City oi Corpus Chrii.ti %sill be ri,p”usible fin adjustment of manholes and valve boxes; NOW, THEREFORE, the Engineer -Director directed to enter into any necessary agreement with the City of Corpus Chri,ti for devLiopment of the project and to proceed with the work as planned, financlug 1ia2 cost of adjustment of man- holes and valve boxes with iunds provided by th, City of Corpus Christi. Minute No. 79359 February 17, 1982 COPY "EXHIBIT A" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 2, 1982 I certify to the City Council that $28,800 , 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. 220-77-61 Project Name Laredo Street and Agnes Street, Port Avenue to Chaparral Street (Adjust Manhole And Valve Covers On Laredo And Agnes Streets) from which it is proposed to be drawn, and such money is not appropriated for any other purpose. cl;'16-e,/ /0 , 4 p/ 6/ /1 "13 FIN 2-55 Revised 7/31/69 MAR Z 4 ei MT Corr Christi Texas /0 day of &IL , 1982 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; 1/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 MAYO 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"IF CORPUS CHRISTI, TEXAS ng vote: 16929