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.