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Home My WebLink About17768 ORD - 08/10/1983AN ORDINANCE AUTHORIZING THE EXECUTION AN ESCROW AGREEMENT WITH THE STATE OF TEXAS, THROUGH THE STATE HIGHWAY & PUBLIC TRANSPORTATION COMMISSION, CONCERNING THE CONSTRUCTION OF METROPOLITAN HIGHWAY 408 (BALDWIN BOULEVARD, AGNES TO LEOPARD); APPROPRIATING $295,000 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager 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 Metropolitan Highway 408 (Baldwin Boulevard, Agnes to Leopard), as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, Marked Exhibit "A". SECTION 2. That there is hereby appropriated $295,000 out of the No. 220 Street Bond Fund, applicable to Project No. 220-77-16, Baldwin Boulevard, as the City's share of construction costs, 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 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 this the 1 6 ay of August, 1983. ATTEST: APPROVED:ic, DAY OF AUGUST, 1983 . Bruc�ck, ,C,)ity Attorney 17768 /14%.. TAlr HE Y OF CORPUS CHRISTI, TEXAS SEP 2 ti 1984 ScP70 ^, MICROFILMED STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this M R015(4) 8015-16-3 Nueces County day of , 1983, 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, concrete curb and gutter, sidewalks and driveways and incidental items within the limits on Baldwin Boulevard, from Agnes Street to Leopard Street on Metropolitan Highway No. 408, 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 Ninety Five Thousand and No/100 Dollars ($295,000.00), 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. 78833, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be Exb• 9' 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 Ninety Five Thousand and No/100 Dollars ($295,000.00), 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. 78833, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 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 STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti— vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: APPROVED: By: Asst. Engineer—Director Executed and approved for the State Highway and Public Transportation Commission 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 Baldwin Boulevard from Agnes Street to Leopard Street, a distance of approximately 1.1 miles; and WHEREAS, Baldwin Boulevard is 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. Conform to State Department of Highways and Public Transporta- tion policies and regulations regarding utility adjustments and construction responsibility. 2. 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 Federal -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 $1,653,400.00. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Corpus Christi, IT IS ORDERED that Minute Orders 70325, 72202 and 72206 and the following projects be cancelled: Approx. Road or Street Location Length ESCostted McKenzie Road From Loop 407, north to IH 37 0.5 Mi. $ 243,900 SH 357 (Saratoga From Everhart Road to Weber 1.0 Mi. 1,165,800 Boulevard) Road Baldwin Boulevard From Naples Street to Port 1.1 Mi. 243,700 Avenue Minute No. 78833 - Continued and that Baldwin Boulevard, extending from Agnes Street to Leopard Street, a distance of approximately 1.1 miles, be designated as a METROPOLITAN HIGHWAY and that the Engineer -Director enter into any necessary agree- ments with the City covering the details of the proposed improvements and proceed with the engineering development of the project and after the City has fulfilled its responsibilities, proceed with construction in the most feasible and economical manner, financing the cost with funds re- leased by the above cancellations. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State 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. 78833 September 28, 1981 COPY "EXHIBIT A" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 4, 1983 I certify to the City Council that $ 295,000 , 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: Eland No. and Name Project No. No. 220 Street Bond Fund 220-77-16 Project Name Baldwin Boulevard fran which it is proposed to be drawn, and such money is not appropriated for any other purpose. ld,e) FIN 2-55 Revised 7/31/69 • /0 ,19geg Corpus Christi, Tex rpm day of , 1983 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; I/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, MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky the following vote: 17768