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