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HomeMy WebLinkAbout17116 ORD - 07/14/1982AN ORDINANCE AUTHORIZING AN ESCROW AGREEMENT WITH THE STATE OF TEXAS CONCERNING THE CONSTRUCTION OF CALALLEN DRIVE; APPROPRIATING $247,600 FOR SAID PROJECT; 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 Calallen Drive from U.S. 77 to Redbird Lane, as more fully set forth in the Escrow Agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $247,600 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-13, Calallen Drive, for the City's share of construction costs, which is to be placed in escrow with the 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 tho need to take immediate action to preserve and protect public property by expediting the construction of public improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consider- ation and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take as an emergency measure this the day of ATTEST: Ci Secretar. APPROVED: 7 _DAY OF JULY, 1982 e Aycock, Ci At orney ect upon first reading , 1982. MAYOR 1711_6 THE CI Y OF CORPUS CHRISTI, TEXAS sg 2:8 1984 0111.110 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this M R057(2) 8057-16-2 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 storm sewer, curb and gutter, sidewalks and driveways and incidental items within the limits from U. S. Highway No. 77, North to Redbird Lane on Calallen Drive, 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 Forty Seven Thousand Six Hundred and No/100 Dollars ($247,600.00), 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. 75704, 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. " 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 Forty Seven Thousand Six Hundred and No/100 Dollars ($247,600.00), to be used in paying for the proposed work re- quired by the City in the City of Corpus Christi. It is further under- stood 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 con- tingencies 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. 75704, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and 2. made a part of this agreement. IN TESTIMONY WHEREOF, the to be executed in duplicate on CITY OF CORPUS CHRISTI Party of the First Part By: City Manager ATTEST: parties hereto have caused these presents the day above stated. City Secretary APPROVED: Assistant City Manager APPROVED: J. Bruce Aycock, City Attorney 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, 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 NUECES COUNTY, the City of Corpus Christi has re- quested assistance in reconstruction on Calallen Drive and Redbird Street from U.S. Highway 77, north and east to Interstate Highway 37, a distance of approximately 0.8 mile: and WHEREAS, Calallen Drive is included in the Urban System and it is anticipated that Redbird Street will be 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. Furnish all required right of way clear of obstructions with acquisition procedures to be in accordance with 'applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Conform to State Department of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction responsibility. 3. 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 rNieral-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 $547,100.00 as authorized in the 1979-1980 Urban System Progranh Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Corpus Christi, the Engineer -Director is directed to enter into any necessary agreements with the City covering the details of the proposed finprovements, te proceed with the engineering development of the project and after the City has fulfilled its responsi- bilities, to proceed with construction in the most feasible and economical manner. Minute No. 75704 — Continued It is understood OW the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the Stale 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. 75704 April 26, 1979 COPY "EXHIBIT A" taTy OF CORPUS CHRISTI, TEM CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 8, 1982 I certify to the City Council that $ 247,600 , 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. 220-77-13 Project Name Calallen Drive from which it is proposed to be drawn, and such noney is not appropriated for any other purpose. e FV. FIN 2-55 Revised 7/31/69 , 19J9- Corpus Christi, T 11 day of , 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, Council Members Respectfully, MAYO '74( THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17116