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HomeMy WebLinkAbout17255 ORD - 09/15/1982AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE OF TEXAS CONCERNING THE CONSTRUCTION OF AIRLINE ROAD; APPROPRIATING $372,100 FOR CITY'S SHARE OF CONSTRUCTION COSTS; 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 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 Airline Road from Williams Drive to Holly Road, 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 $372,100 out of the No. 220 Street Bond Fund applicable to Project 220-77-11, Airline Road: Williams to Holly, 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 the 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 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 /S.-- day of September, 1982. ATTEST: C' y Secretary MAYOR THE C Y OF CORPUS CHRISTI, TEXAS APPROVED: /i-EAY OF SEPTEMBER, 1982 ,29 . Bruce Aycock, Cy Attorney 17255 SEP 2 8 1984 MTCROFINEk, STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this M R024(5) 8024-16-3 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 sewers, curb and gutter, sidewalks, driveways and incidental items...within the limits in Corpus Christi on Airline Road from Williams Drive to Holly Road on Metropolitan Highway No. 143, 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 pre- liminary engineering. The estimated construction cost of this work is Three Hundred Seventy Two Thousand One Hundred and No/100 Dollars ($372,100.00), including contingencies and construction engineering, and NBEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 69392, 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 Three Hundred Seventy Two Thousand One Hundred and No/100 Dollars ($372,100.00), 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 change; in the contemplat— ed 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 terns and conditions of Commission Minute No. 69392, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and mSde 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 City Manager ATTEST: City Secretary Jeftontos, P.E. Assistant City Manager 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, C ,iv Cs (h1,... has rucuosted assistance ill Reconstruction of Grading, Srinctures and Surfacieg on Aitline Road Irnm Pad r. Island Drive to Holly Road, n disrince of anpro>hodolv 1..8 mil, and WHEREAS , it is ant , :It 4111 i ot ioit I udod in t li. lit I.on sys end WHEREAS, it is tho desire ol Op Texas High.,a/ oepall;:o.l. 1.. assist the City of Corpus Christi in such work; NOW, THEREFORE, the State lliOwaa Engineer le dileci,d to tender the following proposal to the City of Corpus Cluisti: Provided the City will: 1. Furnish all required right t) way clear of obstructions with acquisition procedures to he in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Conform to Texas iljhway Departign1 1 1s and regulations regarding utility adjustments and constriction. 3. Maintain all of work constr1cL,.1 1 patt al Lite prnje(t and agree to regulate traffic, proBinit. park,ng ond prevent. encroachment on the right of way, all in 11.7i,uda..-.e th no orn;11;,i..)1:iIcs and regulations of the Department. Subject to the availability of Federal-aLd Urban Syst,m Funds and the eligibility of the proposed work for finan,ing wIth said f..nds, th, Texas Highway Departmert will: 1. Prepare constructiin plans arf 2. Provide for Reconstruction within the above limits at an estimated cost of $299,200 as authorized in tIn• 1. '.;i 1lgliwa. 0. riartment. 1974 Urban System Program. Upon acceptance of the provisions of this OrdLI by tin, appropriate officials of the City of Corpus Christi, the State Highway Engineer i3 directed to enter into agreement with the City covering tho'details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsi- bilities, to proceed with constructiop 1 ithrizvd herein in the most feasible and economical manner. It is understood that the City may dis..7h1rly., its construction obligations as outlined herein in any manner as they may elt,ctln the event toe City desires the State to include its portion of rhODil in the 51 .11 c,nstinetion contract, the State High- way Engineer is hereby authorin.d to eot,r uto at;,--ew...:t with the City for such work and its cost as may be agreed upon. This Order shall become iT,iatit,2 upon el.'t rt Cit) of Corpus Christi and if not accepted within °O dly.; 2 th, h0 -o:. 11.1 acti,n herein contained shall be automatically cancolled. 4 Minute No. 69392 October 1, 1974 COPY "EXHIBIT A" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 31, 1982 I certify to the City Council that $ 372,100 , the amount required for the contract, agreement, obligation or expenditures contemplated in the Above and foregoing ordinanoe is in the Treasury of the City of Corpus Christi to the credit of: Fund NO. and Name 50.220 Street Bond Fund Project No. 220-77-11 Project Name Airline Road - Williams Drive to Holly Road from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 Di ector offinance Corpus Christi, T s i!f" 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, , 4( MAYIR Or THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the fol wing vote: Luther Jones Betty N. "'sumer Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charlet W. Kennedy Cliff Zarsky 17255.