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Home My WebLink About17390 ORD - 12/15/1982AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E. H. MOORE HOMES, INC., AND J. R. BUILDERS, INC., DEVELOPERS OF BRECKENRIDGE UNIT 4, PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF CEDAR PASS DRIVE WHICH ABUTS THE PROPOSED DEDICATED PARK IN THE SUBDIVISION; APPROPRIATING $9,192.54 FOR THE AGREEMENT; 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 authorized to execute an agreement with E. H. Moore Homes, Inc. and J. R. Builders, Inc., developers of Breckenridge Unit 4 Subdivision, providing for City participation in the construction of Cedar Pass Drive which abuts the proposed dedicated park in the subdivision, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A." SECTION 2. That there is hereby appropriated $9,192.54 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-71, Breckenridge Unit 4 Park Paving. 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 to take immediate action to preserve and protect public property by expediting the construction of public improvements, 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 three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the /S day of December, 1982. ATTEST: ty Secretary APPROVED:/tDAY OF DECEMBER, 1982 ,IlCity Attorney MAYO 4(jr THE Or CORPUS CHRISTI, TEXAS SEP 2 81984 1`7390 MICROf1LMED AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES ) THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and E. H. Moore Homes, Inc. and J. R. Builders, Inc., hereinafter called "Developer". WHEREAS, the "Developer" in compliance with'the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Breckenridge Unit 4 for use as Parks and Playgrounds; and NOW, THEREFORE, the "City" and the "Developer" agree as follows: 1. The "Developer" will construct certain improvements for and on behalf of the "City" including pavement on Cedar Pass Drive which bound the above described dedicated park. The improvements will be constructed in accordance with the plans and specifications approved by the Department of Engineering and Physical Development. This Agreement shall be null and void should the subdivision construction authorized by the approved plans and specifications not be carried out within the time limits specified in the "City's" Platting Ordinance. The construction will be contracted for and financed by the "Developer". 2. The "City" agrees to reimburse the "Developer" its prorata share of the above described construction cost plus engineering as is shown on the attached Construction Cost Estimate, marked "EXHIBIT B", and Map, marked "EXHIIBIT 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 Nine Thousand One Hundred Ninety Two and 54/100 Dollars ($9,192.54). 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" payment to the "Developer" will be made after completion and acceptance of all subdivision improvements. 3. The "Developer" agrees to indemnify the "City" against any claims arising as a result of this project. 4. Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto and labeled Exhibits C-1 throuth C-2. Page 1 of 2 g)(2"A„ S. The Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, this the day of , 19 ATTEST THE CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY By DEVELOPER: Assistant City Attorney By E. H. Moore, President E. H. Moore Homes, Inc. By James R. Ewing, President J. R. Builders;"Inc. STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on 19 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on ,19 by E. H. MOORE, President of E. H. Moore Homes Corporation, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 19 by JAMES R. EWING, President of J.R. Builders Corporation, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas AGREEMENT Breckenridge Unit 4 Page 2 of 2 EXIST. GRADE IN IO ALONG DITCH Tc..a 239 ti•7 G.13. .}+2.}:1 TL. 23.'1 6.e.. 5450 T.c. =z4.a // /ti0 /t 146**.' yt N uG)-1T 2 14'26 GF -PAR- Me.* 3ARRIER FREE TAMP / / GB 1 ♦00 T.C.• 23.3 G 0+Q0 t 40 DRIVE ti BARRICADE 'OA 0400 C PAe. PA55 T. T.C..=2'.52 RT. . ps•mr.NMARK : SLOPE TO EXIST. GROUND 514 IO f� ExrnsIr 26,2 CONSTRUCTION COST ESTIMATE PROJECT PRRrTCFIVATTy $ MITT 4 SHEET NO I OF 1 TEM DESCRIPTION QUANTITY QUANTITY + x UNIT UNIT COST TOTAL PDTJTNG TiApAI7vWMnmmn aTI)NP PAAKI 1. Clearir4 and Grubbing 0,21 AC 125.00 26.25 9 nroavation 791 CY 1.25 988.75 3 _ " tiComaar_ied Caliche 633 SY 3 10 1 962 30 4_ Prime Coat 633 SY 0.25 158.25 5 2" ¥ot Nix 633 SY 4.25 2,690.25 6 6" L Curb 322 LF 5.60 1,803.20 7 4' Concrete Sidewalk 636 SF 1.45 922.20 rougnumplom TOTAT. 8.551.20 7.5% RP,GINEERING 64I.34 TOTAL CITY PAPTICIPATION $9,192.54 EXN'air "5" TOTAL PREPARED BY C -U. CHECKED BY l R7 UN AM LAS' Vee IWGIMM DATE 9/15/82 JOB NO 16339 40 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Cdrpus Christi Ordinance 17112, as amended, requites all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over-the-counter markets may file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering the questions below. FIRM NAME: S= /2 13w4..,1ros TNG vF -, 17. `Y1aode� a•-• e s 7 c ADDRESS: 3 33 r7ee'v 11 o Caipu s Y`'¢s FIRM is 1. Corporation 4) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( 5. Other ( ) DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or parttime basis, but not as an independent contractor. -_- c. "Firm." Any entity operated for economic gain, whether professional, industrial or commerical, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi he an "ownership interest" constituting 3% or more of the -.ownership in above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership -interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee OA CERTIFICATE •I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested- and t <t suppleme • ements will be promptly submitted tot City of C� pus Chhr xa changes occur. .40111141;!!--- ,Ifir ., Name of Certifying T' Signature of Cert ing Person: Date Signed: CITY OF CORPUS CHRISTI, TEXAS CEE?:FIFICATION OF FUNDS (City Charter Article IV Section 21) December 6, 1982 I certify to the City Council that $ 9,192.54 , 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: Fund No. and Name 220 Street Bond Fund Project No. 220-77-71 Project Name Breckenridge Unit 4 Park Paving frun which it is proposed to be drawn, and such Honey is not appropriated for any other purpose. actor offlinance FIN 2-55 Revised 7/31/69 Corpus Christi, Texas /r day of , 1982- TO 98z 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; I/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, MA iY THE C Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones / Betty N. Turner !,, Jack K. Dumphy Bob Gulley ' Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy `0( Cliff Zarsky L! 17390