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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