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HomeMy WebLinkAbout18942 ORD - 07/30/1985• AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR THE CITY'S SHARE OF LIGHTING AND FRONTAGE ROAD CONSTRUCTION COSTS ON SOUTH PADRE ISLAND DRIVE (S.H. 358) FROM EAST OF AIRLINE ROAD TO THE OSO BAY BRIDGE; APPROPRIATING $542,327.50 APPLICABLE TO PROJECT NO. 220-85-1.1, SOUTH PADRE ISLAND DRIVE IMPROVEMENTS - FLOUR BLUFF TO AIRLINE ROAD; 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 agreement with the State Department of Highways and Public Transportation providing for the City's share of lighting and frontage road construction costs on South Padre Island Drive (S.H.358) from east of Airline Road to the Oso Bay Bridge, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $542,327.50 from the No. 220 Street Bond Fund to supplement previously appropriated funds in the amount of $180,000 authorized by passage of Ordinance No. 18878, dated June 11, 1985, for a total escrow of $722,327.50 applicable to Project No. 220-85-1.1, South Padre Island Drive Improvements - Flour Bluff to Airline Road. 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 of executing the abovementioned agreement at the earliest practicable date, 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 30th day of July, 1985. ATTEST: City Secretary MAYOR THE CI" OF CORPUS CHRISTI, TEXAS APPROVED4JDAY OF JULY, 1985 Assist. f flv t ne 42.054.04 1S942 %IC STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 1985, 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 pedestrian railing, curb, gutter, sidewalks, driveways, 50% of illumination system and incidental items within the limits from East End of Airline Road to West End of Oso Bay Bridges on State Highway No. 358, 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 Seven Hundred Twenty Two Thousand Three Hundred Twenty Seven and 50/100 Dollars ($722,327.50), including contingencies and construction engineering, and WHEREAS, the City will pay to the State Three Hundred Sixty Thousand and No/100 Dollars ($360,000.00), upon execution of the agreement and increments thereafter in the amount of Two Hundred Thousand and No/100 Dollars ($200,000.00), on July 1, 1986 and One Hundred Sixty Two Thousand Three Hundred Twenty Seven and 50/100 Dollars ($162,327.50), on July 1, 1987. 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 Department of Highways and Public Transportation in the amount of Three Hundred Sixty Thousand and No/100 Dollars ($360,000.00), 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 City will pay to the State increments of Two Hundred Thousand and No/100 Dollars ($200,000.00), on July 1, 1986 and One Hundred Sixty Two Thousand Three Hundred Twenty Seven and 50/100 Dollars ($162,327.50), on July 1, 1987. 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. It is further understood that the City upon the request of the State will forthwith MA -F 1113(31) 617-1-76 Nueces County Exiibd-'?" • pay to the State additional funds over and above the increment amounts listed herein in the event additional funds are required to make payments for the construction work. In the event the amount as paid is more than the actual cost of the City's share, 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. 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 APPROVED: DAY OF JULY, 1985 Assistant City Manager Assistant City Attorney 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: Deputy Director Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 82513 RECOMMENDED FOR EXECUTION: (State) Finance Division -2- QTY OF CORPUS CHRISTI, TEM CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 19. 1985 I certify to the City Council. that $542,327.50 , 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. 220-85-1.1 Project Nene South Padre Island Drive Improvements - Flour Bluff to Airline Road from ubi.ch it is proposed to be drawn, and such roomy is not appropriated for any other Purpose - _ .t0 �% , 19 FIN 2-55 Ryevisedl 7/31/69 „e/ 4g- .1 a(c ' 114- 113-,185 Corpus Christi, T ��se�� 364" day of �[M , 198A-- TO 985 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, Respectfully, MAYO Council Members THE CITY F CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones / , f Dr. Jack Best / David Berlanga, Sr. Leo Guerrero df Joe McComb I Frank Mendez 1 Bill Pruet if — Mary Pat Slavik /T Linda Strong le 18942