HomeMy WebLinkAbout020433 RES - 08/30/1988A 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 ACQUISITION OF ONE PARCEL FOR THE CROSSTOWN
EXPRESSWAY EXTENSION.
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 acquisition of one parcel 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.
ATTEST:
4-(..117/4-fre_
City Secretary MAY
APPROVED: /7/4 DAY OF
HAL GEORGE, CITY ATTORNEY
206RP162.res
THE CITY OF CORPUS CHRISTI, TEXAS
19 re'
20433 MICROFILMED
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
COUNTY OF TRAVIS
Contract No.
County Nueces
Project No 8016-1-41
CSJ No. 0326-01-041
Account No. 0326-01
Highway State Highway 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 Corpus 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)
2-26-88
Limits
From: S.H. 358 South
6-3-88 To: F.M. 43 except that portion
which is outside the Corpus
Christi 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 90010 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 10010 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: #74 Angel and Amalia Martinez, 2223 Fredrick, Corpus Christi, Texas
and shall not be required to handle the acquisition of the following described
right-of-way: #85 Isidro and Melba Lopez, Bohemian Colony Lands, Corpus Christi,
Texas.
sr'
State Department of Highways
and Public Transportation
Form D-15-135
Page 2 of 2 Rev. 3.86
Utilities: 'None
Other: None
The City shall contribute to the State an amount equal to ten percent (10%) 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—Pour Thousand Five Hu Mred Ana W/100- Dollars
($ 434, 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 10% 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 Christi
, TEXAS EXECUTION RECOMMENDED:
By:
Juan Garza, City Manager
ATTEST:
City Secretary
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.
APPROVED: day of , 1988 BY.
Right of Way Engineer
By:
Assistant City Attorney Date
Corpus Christi, Texas
.544-h day of
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
(617),
Frank Schwing, Jr. Li
Mary Pat Slavik
Linda Strong
99.066.01
aJ-,e
20433
, 198,2