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
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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 •