The URL can be used to link to this page

Home My WebLink About028461 RES - 01/19/2010RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ENTER INTO AN AGREEMENT TO CONTRIBUTE LOCAL FUNDS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN PARTICIPATION FUNDING COSTS TO THE CITY FOR CERTAIN HIGHWAY IMPROVEMENTS TO FM 2444 (STAPLES STREET) FROM SARATOGA BOULEVARD SOUTH TO OSO CREEK BRIDGE (BOND 2004). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to enter into an Agreement to Contribute Local Funds with the Texas Department of Transportation for an amount of One Hundred Thousand Dollars ($100,000.00) in participation funding costs to the City for certain highway improvements to FM 2444 (Staples Street) from Saratoga Boulevard south to Oso Creek Bridge (Bond 2004). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED AS O FORM. -29 -Dec -09 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI G��•tcc.. Joe AOame Mayor 028461 H:\LEG-DIR\VeronicaO\1.ENG\1 AGENDA ITEM S\10\revised CLEAN 11910 Reso TxDOT Agrmt to Contribute Local Funds.doc (;fi'` day of 010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 028461 H:\LEG-DIR\VeronicaO\1.ENG\1 AGENDA ITEM S\10\revised CLEAN 11910 Reso TxDOT Agrmt to Contribute Local Funds.doc ,Tup Dnpnrtment MlnnnpdYWn Form ROW -RM -129 Replaces Form ROW -RM -129 and ROW -RM -130 (Rev. 6/2006) GSD -EPC Page 1 of 2 AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT City: City of Corpus Christi District: Corpus Christi Federal Project No: N/A ROW CSJ No: 2343-01-034 Highway: FM 2444 Const.CSJ No: 2343-01-031 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of , 2009, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on Highway No. FM 2444 with the following project limits: On Staples St. From Saratoga Blvd. To Oso Creek Bridge; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of Parcels 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 35, 36, 37, 38, 40, 41, 44, 45, 46, and 47 and adjustment of utilities for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government 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, duly executed by the Local Government, a warrant or check in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00), which represents ten percent (10%) of One Million and No/100 Dollars (1,000,000.00), the estimated total cost of the right of way to be acquired by the State and all of the compensable utilities. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the event the total amount as paid by the Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating. Form ROW -RM -129 FM 2444 Page 2 oft RCSJ: 2343-01-034 In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re -plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion. The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. THE LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Title: Date: Approved as to Legaliorm: Veronica Ocanes Assistant City Attorney For City Attorney Russel W. Lenz, P.E. District Engineer, Corpus Christi District Date: THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Director Date: