HomeMy WebLinkAbout19662 ORD - 02/27/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE
CITY'S SHARE OF CONSTRUCTION COSTS FOR TWO BOX CULVERTS
LOCATED ON FM 2292 BETWEEN HIGHWAY 44 AND LEOPARD;
APPROPRIATING $10,837; 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 for
two box culverts located on FM 2292 between Highway 44 and Leopard, 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 $10,837 from the No. 220
Street Bond Fund applicable to Project No. 220-87-44-3.1, FM 2292 Culvert
Improvements.
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 shalla e effect upon
fir �r�ea�`�ing as an ergency measure this the /CI day of
'^�w► t , 196 /
ATTEST:
y Secretary v MAYOR
APPROVED:27 DAY of
HAL GEORGE, CITY ATTORNEY
By
Assistant Ci !% ( torney
03P.089.01
19S7
.THE CITY OF CORPUS CHRISTI, TEXAS
196GZMICROFILMED
County : Nueces
Control: 2142-1-10
FM 2292: Adjustment of
Drainage Culverts
DRAINAGE CULVERTS ADJUSTMENT AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
This agreement, made on the dates hereinafter shown, by and
between the State of Texas, acting by and through the State
Highway and Public Transportation Commission, hereinafter called
the "State", and the City of Corpus Christi, Texas hereinafter
called the "City", acting by and through its duly authorized
officers and by virtue of the authority shown on Exhibit D
attached hereto and made a part hereof.
WITNESSTH
Whereas, the City and the State are cooperating in the
adjustment of multiple box culverts on Farm to Market Road 2292
at Sta 43+95 and Sta 63+50.
Whereas, it is considered the State's responsibility to
provide drainage across highway right of way for areas which
naturally drain to the said highway; and
Whereas, the drainage of areas other than those that
naturally drain to the highway, and construction of Ditches A, B,
and C is the responsibility of the City; and
Whereas, it is in the public interest that the City and the
State cooperate in the construction of replacement multiple box
culverts to provide adequate drainage for the areas under
consideration; and
- 1 -
Whereas, surveys and designs made cooperatively by the City
and the State have determined (1) The drainage areas to be
considered; (2) The drainage requirements for the areas under
consideration; and (3) The division of financial responsibility
of the City and the State, which are shown on drawings marked
Exhibit A, sheets 1 and 2 , attached hereto and made a part
hereof; and
Whereas, it is deemed advisable that the City and State each
discharge their respective responsibilities with regard to
providing the drainage facilities by each constructing or paying
their applicable costs for the section of the drainage system as
hereinafter agreed and as indicated on Exhibit A, sheet 2.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AND UNDERSTOOD THAT:
1. The City will proceed at the earliest practical date to
secure at its own expense: (a) The necessary downstream outfall
channel right of way; (b) The necessary utility adjustments
outside the limits of the right of way of Farm to Market Road
2292; and (c) The necessary agreements with other responsible
parties to construct any part of the drainage facilities outside
the limits of the right of way of Farm to Market Road 2292.
2. The City will accept responsibility for 9.5% of the cost
of Items 7(a) thru (d) which are within Farm to Market Road 2292
right of way.
3. The City will maintain the upstream and downstream
channels, riprap and other drainage structures outside the limits
of the right of way of Farm to Market Road 2292. Prior to the
construction of Farm to Market Road 2292 culvert structures by
the State, the City shall construct the Drainage ditches "B" and
"C" to the required design cross sections shown on Exhibit A for
a distance of 150 feet downstream of the Farm to Market Road 2292
structures and in addition, construct drainage Ditch "A", and
that remaining portion of Ditches "B" and "C" to the cross
sections necessary to carry the undeveloped runoff the remainder
of the distance to the Clarkwood Ditch structure under State
Highway 44.
- 2 -
4. The City shall save harmless the State from all claims
and liabilities resulting from the operation and maintenance of
the outfall drainage channels due to the activities of the City,
its agents, or employees. The City shall also save harmless the
State from any and all expenses, including attorney fees, which
might be incurred by the State in litigation or otherwise
resisting said claims or liabilities imposed on the State as a
result of such activities by the City, its agents, or employees.
5. The State will proceed at the earliest practical date
to: (a) Prepare the necessary construction plans, specifications
and estimates for the proposed multiple box culverts and related
appurtenance, within State right of way; (b) Advertise for bids
and let the construction contract for the box culverts; (c)
Supervise the construction or reconstruction of the box culverts
as required by the plans; and (d) Arrange for all utility
adjustments within Farm to Market Road 2292 right of way in
accordance with departmental utility policy and existing State
law.
It is mutually agreed that as the project is developed to
the construction stage, both parties shall approve the plans by
signature approval thereon, and a copy of such plans will be
attached hereto, marked Exhibit B , and made part hereof.
6. The State will accept responsibility for 100% of the
cost of the following items to be performed within Farm to Market
Road 2292 right of way as provided under the construction project
contract: (a) Removal of existing structure at Station 43+95;
(b) Structural excavation for the proposed culvert at Station
43+95; (c) Construction of the multiple box culvert at Station
43+95; (d) Cutting and restoring existing pavement at Station
43+95; and (e) All other contract items such as mobilization,
barricades and traffic handling, detours, pipe stubouts and
inlets, and temporary erosion control within the right of way of
Farm to Market Road 2292.
7. The State will accept responsibility for 90.5% of the cost of
the following items to be performed under the construction
project contract: (a) Removal of existing structure at Station
63+50; (b) Structural excavation for the proposed culvert at
Station 63+50; (c) Construction of the proposed multiple box
culvert at Station 63+50, including wingwalls and riprap; and (d)
Cutting and restoring existing pavement at Station 63+50.
- 3 -
8. At least thirty days prior to the scheduled letting date
for the proposed construction project, the City shall pay to the
State Ten Thousand Eight Hundred and Thirty Seven dollars
($10,837.00) , by check made payable to State Department of
Highways and Public Transportation, which sum is the City's
participation, as outlined in Item 2, in the estimated total cost
of the drainage facility, plus ten percent thereof for
preliminary and construction engineering, miscellaneous costs and
the cost of work to be performed by State forces. If at any time
during the construction of the project, it is determined that
this amount is not sufficient to pay the City's obligation, then
the City, upon request of the State and within fourteen days,
shall supplement this sum in such amount as is requested by the
State. After the project is completed, the actual cost will be
determined by the State, based on its standard accounting
procedures. Any excesses or'shortages will be reimbursed to or
rendered by the City.
- 4 -
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in duplicate on the dates indicated.
CITY OF CORPUS CHRISTI,TEXAS THE STATE OF TEXAS
By
Craig A. McDowell
Title City Manager
ATTEST:
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work
programs heretofore approved and
authorized by the State Highway and
Public Transportation Commission:
By
City Secretary Deputy -Director
Date
APPROVED AS TO LEGAL FORM THIS THE
By
day of 1987
Assistant City Attorney
N i •\
•g. 1;
• n 1 NATURAL DRAINAGE 1
1434 AC
o 1 TC • 113 MIN.
®�e..�Pi�P���R.•moil CA - 717 \
• i• 1 1S0• 2.74 IN/HR
II
1 ' °
V
e
•
•
06
'll$ n
OW
152 AC
DIVERTED
Q50 1969
••••
NATURAL
t
NATURAL & DIVERTED` \ d
1586 AC TOTAL ▪ �_.
TC - 113 MIN.
CA • 793
I50- 2.74 IN/IIR I - ''•
Q50 2176 1 : '
y
NATURAL 6 DIVERTED Q • 2176 cfe i--1 8'
1• \ ,
NATURAL Q • 1969 cfe' 0
DIVERTED Q - 207 cfa .fi
CITY SHARE • 207
2176 '9.52 I
A'"---eOD•-
u .
n
11 II
n
11
•
H11 RA JA•rt.l1 SnN ▪ • Il
R!1011 II
STRUCTURE ,°'• M9TRUC 'E
STA 43.95 ... _
PROP 2.1048 MSC IO 4 PROP 3.10.8M
m e I.
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--s....1' 1 55+.
. o • DITCN A
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o• "' •� o • M 1 n^
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• DITCH C • • 1) • n
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�I,••—i....Ip II.M.. • I CLARKWOOD
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Ditch B 63+50
Ditch C 43+95
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_v.__�, _—
DESIGN CROSS SECTIONS
N
/0 cAr
Ditch(ioo/' Cc+y 1,narj) -I•o 6e
prior to culvert
construction
Ditch B'
150'
Sta 63+50
Exist: 4-4x2x30 MBC & FW
Prop: 3-10x8x64 MBC & MCW-P
03.5Y0 C�}i Park, pria4boi) l
l
i
D,' .65(1oo/oC'ryhnanred)4 bebu I'/C)-
prior to culvert
construction
/ 501
I
Sta 43+95'
Exist: 2-4x2x30 MBC & FW
Prop: 2-10x8x69 `MBC & MCW-P
()WV. Sfaf F 60aocee0
SH44-,,
Di /c h 'C "
EXHIBIT A
Page 2 of 2
Clarkwood Ditch Structure
CITY OF CORPUS CHRISTI, TEXAS -
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 19, 1987
I certify to the City Council that $ 10,837. , 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. 220-87-44-3.1
Project Name FM 2292 Culvert Improvements
frau which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
C Ct�/lo , 19
FIN 2-55
Revised 7/31/69
.. .{f / t, g3
�t7 ,6a/asfs7
Corpus Christi, Texas
C-141 day of ! Y l , 198 7
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,
Council Members
MAYOR
THE CITY F CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
19662
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, }ss: AD #69989
County of Nueces. CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
IRIS YAP , who being first duly sworn, according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Times,
ACCOUNTING CLERK
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO. 19662 AMENDING CHAPTER 2;4' ADMINISTRATION
of which the annexed is a true copy, was published in CALLE$-$.1.];10...E.ij.$ I.SEl,NCt...Ci.QMi BILI
on the.l6th day of MARCH 19___ ,7and once each...... a9.Y...._.. thereafter for one
consecutive. day
one Times
$__ 36.80
Subscribed and sworn to before me this 17_t
k4 oly
81
Io
S fYAP
ay ..
MARCH 19..__87.
Notary Public, Nueces Couniy, Texas
EUGENIA S. CORTEZ 6.30.89
NOTICE OF PASSAGE OF 1
ORDINANCE NO. 19662
AMENDING CHAPTER 2, AD-
MINISTRATION, OF THE CITY
CODE, BY CREATING A NEW
SECTION 2-109, MUNICIPAL
PUBLIC .ART PROGRAM,
WHICH AUTHORIZES THE
ALLOCATION OF CERTAIN
FUNDS FOR ART IN THE
CONSTRUCTION OF PUBLIC
WORKS, PROVIDES FOR RE-
VIEW .,OF SUITABLE -
CAPITAL PROJECTS AND
FOR AN ARTIST SELECTION SPROCESS, METHOD �f'
LISSMTSTOR
CALCULATING ART APPRO- F�idV`O
PRIATIONS FOR CAPITAL .f of
PROJECTS; PROVIDING FOR
SEVERALICATIONROVIDING�a `4%�ti/1
FOR puB
-t C��
Was passed and approved
by the City Council of the Cay CC''
f Corpus Chnsti, Texas on !
the 10th day of March, 1987 9$+/ c Z
The full text of sold ordinance .
is available to the public in the -
Office of the City Secretary.
/s/ ARMANDO CHAPA
City Secretary
Corpus Christi, Texas