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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. n f X j Iro = i --s....1' 1 55+. . o • DITCN A =• II——�...� o• "' •� o • M 1 n^ '3,... II D Iv I II. II ii •n • DITCH C • • 1) • n ._..• _ l!._1..* Ilm • �I,••—i....Ip II.M.. • I CLARKWOOD 0 -4 • - O O IJ • .a0 TI FSI --1f1_ .. I. -1,• Po%i:=toe P kGAu 4 II 110•• I \••• II . • --- . .�� • II n . Ib II l/ 7• A Ditch B 63+50 Ditch C 43+95 3 ss' 3 �.7 i 9.7 _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