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HomeMy WebLinkAbout17044 ORD - 05/19/1982AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH E.H. MOORE HOMES, INC., AND J -R BUILDERS, INC., PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPER FOR ADDITIONAL HOT -MIX ASPHALT AND CALICHE BASE ON EVERHART ROAD; APPROPRIATING $33,134; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with E.H. Moore Homes, Inc., and J -R Builders, Inc., developers of Sugar Ridge Subdivision, Unit 1, providing for the City to reimburse the developer for additional hot -mix asphalt and caliche base on that section of Everhart Road which abuts the subdivision, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $33,134 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-63, Sugar Ridge Subdivision, Unit 1, Additional Pavement on Everhart. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the aforementioned agreement so that repairs to Everhart Road can be accomplished as soon as possible, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at threee regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the /41 day of May, 1982. ATTEST: eeei.E4-(49-a4Q--- Ci Secretary APPROVED: /eq. -AY OF MAY, 1982 . Bruce Aycock, i y ttorney MAYO 17044 THE CI OF CORPUS CHRISTI, TEXAS - 411L4i.U.OLMW. SEP 2 8 1984 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City", and E. H. Moore Homes, Inc. and J -R Builders, Inc., hereinafter referred to as "Developer", and per- tains to the City'sshareof the cost for improvements as set forth in the Platting Ordinance for one-half the pavement section abutting City property in the development of Everhart Road, from Cedar Pass Drive to 1320 feet south, as shown on the plat attached hereto, marked Exhibit "A". NOW THEREFORE, City and Developer agree as follows: 1. Developer will construct street improvements on and along Everhart Road, from Cedar Pass Drive to 1320 feet south, with a 6" lime treatecbsub- grade and an ?" caliche base topped with 4" hot -mix asphaltic concrete, said construction to be contracted for and financed by Developer. 2. City agrees to reimburse Developer its share of the above described construction cost plus engineering as is shown on the attached Construction Cost Estimate, marked Exhibit "B", and Map, marked Exhibit "A" attached hereto and made a part hereof. For purposes of this Agreement, the amount of the City reimbursement to the Developer shall not exceed Thirty-three Thousand One Hundred Thirty-four and no/100 Dollars ($33,134.00). The actual reimbursement will be adjusted according to the actual construction cost after completion of the work, but in no event shall it exceed the above stated amount. The City's pay- ment to the Developer will be made after completion and acceptance of all subdivision improvements. 3. Developer agrees to indemnify City against any and all claims arising out of the construction of the aforesaid improvements. EXECUTED IN DUPLICATE ORIGINALS, this the day of , 19 . ATTEST CITY OF CORPUS CHRISTI -By City Secretary Edward A. Martin, City Manager R-xt4.99-. APPROVED: day of , 19 DEVELOPER: J. BRUCE AYCOCK, CITY ATTORNEY By By Assistant City Attorney E. H. oore, President E. H. Moore Homes, Inc APPROVED: James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES By James R. Ewing, President J -R Builders, Inc. This instrument was acknowledged before me on by Edward A. Martin as City Manager of the City of Corpus Christi., Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 19 by E. H. Moore as President of E. H. Moore Homes, Inc. Notary Public in and for Nueces County, Texas .THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by James R. Ewing as President of J -R Builders, Inc. Agreement E. H. Moore Homes, Inc. & J -R Builders, Inc. Page No. 2 of 2 , 19_ Notary Public in and for Nueces County, Texas Vs. ; G8 itt4 94s-0 rc— z4..so 10105.20 EXISTING 2+95.98 13. 68"5.417.0 TC.21.50 2 •41.2o coms-rRticT 1/2 OF EVE MATCH TI -IE EXISTING S:EE- SWEET 9 OF 13 , TG 10 !=' • '- TL . - TC. •za.gt EXISTING" BARRICADE. IT CRE -""1-SUBDIvislovi ' _ G.15.'8+80;00 -PT 0 -*S5 Yrklt?..44 124- :4A-1,81;k:It CONSTRUCTION COST ESTIMATE PROJECT - Sugar Ridge - Everhart Participation Item Description Quantity Unit Unit Price Amount 1. Additional cost to provide 3" 4,255 S.Y. $4.42 $18,807.10 Type B plus 1" Type D Hot Mix Asphalt Concrete in lieu of 2" Hot Mix 2. Lime Treated Subgrade (maximum 7%) CONSTRUCTION COST +7.5% ENGINEERING TOTAL CITY PARTICIPATION 4,621 S.Y. 2.60 12,014,60 EXHIBIT "B" 30,821.70 2 311.63 $33,134.00 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 11, 1982 I certify to the City council that $33,134 , 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: FundNo. and Name No. 220 Street Bond Fund Project No. 220-77-63 Project Name Sugar Ridge Subdivision, Unit 1 Additional Pavement on Everhart fromwhich it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 Corpus Christi, Texas )0'7 day of , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE C TY OF CORPUS CHRISTI, TEXAS, The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17044 •