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