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HomeMy WebLinkAbout020312 RES - 05/17/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL CONTRACTUAL AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATIVE TO THE RIGHT-OF-WAY ACQUISITION FOR THE CROSSTOWN EXPRESSWAY EXTENSION; AND APPROPRIATING $434,500. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a supplemental contractual agreement with the State of Texas, acting by and through the State Department of Highways and Public Transportation, relative to the right-of-way acquisition for the Crosstown Expressway Extension all as more fully set forth in the supplemental contractual agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $434,500 from the No. 562 Street Bond Fund as the City's estimated share of right-of-way costs, applicable to Project 562-87-1.4, Crosstown Extension Right -of -Way Acquisition. ATTEST: Art17..„-- City Secretary t7911)10itit., MAYOR CITY OF CORPUS CHRISTI, TEXAS APPROVED: //-1-A DAY OF /449/ , 19 8' HAL GEORGE, CITY ATTORNEY By Assistant City Attor ey 003.res 2031Z MICROFILMED f State Department of Highways and Public Transportation Form D-15-135 Page 1 of 2 Rev. 3-86 Supplemental Contractual Agreement for Right of Way Procurement (City Form) THE STATE OF TEXAS X Contract No County Nueces COUNTY OF TRAVIS X Project No. 8016-1-43 CSJ No 0326-01-041 Account No. o326-ni Highway State Hi ghway 286 This supplemental contractual agreement by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, and City of ('orpns Christi Texas, acting by and through its duly authorized officials under ordinance dated the day of , 19 , hereinafter called the City, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and City entered into contractual agreements(s) and supplemental contractual agree- ment(s) for procurement of right of way on the following project on the date(s) indicated: Date(s) of Agreement(s) Limits 2-26-88 From: S.H. 358 South To: F.M. 43 except that portion which is outside the Corpus City limits and, which are made a part of this instrument by reference; and WHEREAS, the City has requested that they be relieved of the obligation to acquire the necessary right of way and desires the State to assume the acquisition responsibility; and WHEREAS, it is mutually desired by the City and the State to modify said original contract(s) and any sup- plemental contract(s) implementing the terms and provisions of the original contract(s); NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the above-described contract(s) are modified hereby to the extent of the manner, mode and method of City obligation to acquire the necessary right of way and receive 90% reimbursement of the cost thereof in that the State hereby assumes the obligation to acquire the necessary right of way and the City shall accomplish its obligation by contributing 10% of the cost of the right of way as hereinafter described. The State is to acquire all right of way except that the City shall continue with its present obligations to acquire the following described right of way: Parcels: 4174 Angel. and Amalia Martinez, 2223 Fredrick, Corpus Christi, Texas #85 Tsi dr_n and MP1 ha Lopaz, fiohPmian Colony Lands, Corpus C'hri st i , Taxas 'f, ,State Department of Highways and Public Transportation Form D-15435 Page 2 of 2 Rev. 3$6 Utilities: None Other: None The City shall contribute to the State an amount equal to ten percent (1007o) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, executed by the City, a warrant or check payable to the State Department of Highways and Public Transportation in the amount of Four Hundred Thirty -Four Thousand Five Hundred and No/100 Dollars ($ 414,500_00 ), which represents 10% of the estimated cost of the right of way; however, if it is found that this amount is insufficient to pay the City's obligation, then the City, upon request of the State, will forthwith supplement this amount in such amount as requested by the State. Upon completion of the project and in the event the amount as paid is more than 1007o of the cost of the right of way, then any excess amount will be returned to the City. Cost of the right of way acquired by the State shall mean the total value of compensation to owners for their property interests either by negotiation or eminent domain. This supplemental contractual agreement is approved and executed by and on behalf of the State on the date shown hereinafter. CITY OF Corpus Christ- i , TEXAS EXECUTION RECOMMENDED: By: Juan Garza, City Manager ATTEST: City Secretary APPROVED: By: District Engineer THE STATE OF TEXAS 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. day of , 1988 BY. Assistant City Attorney Right of Way Engineer Date CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 5, 1988 I certify to the City Council that $ 434,500.00 , 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. 562 Street Bond Fund Project No. 562-87-1.4 Project Name Crosstown Fxtpnsinn Right-nf-Way Acquisition from which it is proposed to be drawn, and such money is not appropriated for any other purpose. s�� , 19?? FIN 2-55 Revised 7/31/69 The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas ) day of was passed by the following vote: 20312 ,198S1