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HomeMy WebLinkAbout17391 ORD - 12/15/1982AN ORDINANCE AUTHORIZING AN AGREEMENT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A BRIDGE ACROSS A DRAINAGE RIGHT-OF-WAY AND DITCH IN BRECKENRIDGE UNIT 4 SUBDIVISION; APPROPRIATING $66,908 FOR THE CONSTRUCTION; 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., providing for City participation in the construction of a bridge across an existing 160 foot drainage right-of-way and ditch along the western boundary of Breckenridge Unit 4 Subdivision, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That there is hereby appropriated $66,908 out of the No. 220 Street Bond Fund applicable to project No. 220-77-72, Breckenridge Unit 4 Bridge Construction. 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 /j+ day of December, 1982. ATTEST: APPROVED:j(DAY OF DECEMBER, 1982 5*8rc a Aycoc, L' ty Attorney MAY /(/ I5 THE C OF CORPUS CHRISTI, TEXAS 17:191 MICROFILMED SEP281984 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City", and E. H. Moore Homes, Inc., and J. R. Builders, Inc., hereinafter referred to as "Developers". WHEREAS, the Developer, in compliance with the City Platting Ordinance, proposes to plat a 14.18 acre tract of land known as Breckenridge Unit 4 Subdivision; and WHEREAS, a portion of the Developer's land described above is situated adjacent to an existing 160 -foot drainage right-of-way and ditch along the western boundary of Breckenridge Unit 4 Subdivision; and WHEREAS, a requirement of the Platting Ordinance and Breckenridge Annexation Contract obligates the Developers to construct a bridge across said 160 -foot drainage right-of-way and ditch as shown by Exhibit "A"; and WHEREAS, it is the desire of the Developers to incur this obligation by depositing their share of the bridge construction and engineering costs into the "Special Breckenridge Bridge Fund" prior to the time that the above said plat is filed for record, this amount being determined as the Developer's share as shown on attached Exhibit "B"; and NOW THEREFORE, for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby convenant, and agree as follows: 1. Developers will deposit Twenty Three Thousand Eight Hundred Ninety -Six and no/100 Dollars ($23,896.00) into the "Special Breckenridge Bridge Fund" prior to the time said plat is filed for record. This computation is shown on Exhibit "B". 2. The City will deposit Sixty Six Thousand Nine Hundred Eight and no/100 Dollars ($66,908.00) into the "Special Breckenridge Bridge Fund" at the time that this agreement is signed. This computation is shown on Exhibit "B". 3. City will construct, or cause to be constructed, said bridge at the location shown on attached Exhibit "A" at the time that the property adjacent to the western boundary line of proposed Breckenridge Subdivision and said 160 -foot drainage right-of-way is platted and development commenced thereon. 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 through C-2. EXECUTED IN DUPLICATE originals this day of 19 ATTEST: City Secretary APPROVED: day of ,19 . J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney E.H. Moore, President E.H. Moore Homes, Inc. THE CITY OF CORPUS CHRISTI By Edward A. Martin, City Manager DEVELOPER: By APPROVED: By By es K. out s, P.E. James R. Ewing, President sistant City Manager J. R. Builders, Inc. THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 1982 by Edward A. Martin as City Manager for the City of Corpus Christi, Texas. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS I COUNTY OF NUECES X This instrument was acknowledged before me on , 1982 by E. H. Moore, President of E. H. Moore Homes, Inc. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS Z COUNTY OF NUECES T This instrument was acknowledged before me on by James R. Ewing, President of J. R. Builders, Inc. Agreement - Breckenridge Unit 4 Page 2 , 1982 Notary Public in and for Nueces County, Texas CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires 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: N Ieo,e,a, �•,. vs I c ADDRESS: 3 ? 3 3 ,Ica �� . �asLo.r s s FIRM is 1. Corporation" 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. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 6, 1982 I certify to the City Council that $ 66,908.00 , the amount required red for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Cbrpus Christi to the credit of: Fund No. and Name 220 Street Bond Fund Project No. 220-77-72 Project Nance Breckenridge Unit 4 Bridge Construction from which it is proposed to he drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 l7 --ice , 19cr—y '1. State the names of each "employee" of the City of Corpus Christi hav; 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 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 th:t suppleme • ements will be promptly submitted to t erCity of Cpus Chr' changes occur. � il� i Name of Certifying P'erso T Signature of Cert' ing Person: Date Signed: i 1900: f. J .. I 4 79 00 78 ,c o ysg� SEAQ' 4 /34 40' 32'00_YL 14 411 1 / 46931-55./OL \o°°' . sl 01' n• � 66 y 65 o•� ` a 64 '1` 63 'I' 62 ' —��26.6 ,548'I .. � N ,. 3 .3/Ds2. i CREEK • ii�� ....1.2.012.1YY J70.3: .3/0.32 COUR' r 06,433°11'00" IR -412.34' 17.122.86' L=238.81 P g5O " z 52"53 =5-ic7.1t.--n-- -55 /0= 439 Z' 3E • 000 O.ca 0 NI O)"0 n 3o' SUNLIGHT N6/ •,32'00"GY y 6045.35' 653.: DRIVE o O 0.32 .',4 3/ ° cid I; -60-00- 50.00=_ n ;Is L. 30` ^� a 2.9 z 28 e 27 75 ut. 3—"-- 26 25 a24 a 23 N6/°32'00°W 4 k!d/$/T 4 " T. 9< L. 18 PROPOSED BRECKENRIDGE BRIDGE COST ESTIMATION* * Based on 4 barrel 10' x 10' concrete boxes with 36' ultimate ditch base width. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL 1. 4-10' x 10' RCB x 70' long 300 C.Y. $300.00 $90,000.00 2. Excavation 100 C.Y. 5.00 500.00 3. Embankment 1,000 C.Y. 5.00 5,000.00 4. 6" Caliche Base 560 S.Y. 3.50 1,960.00 5. 11/2" HMAC 560 S.Y. 4.50 2,520.00 6. 6" Curb & Gutter 280 L.F. 6.50 1,820.00 7. Sidewalk 1,300 S.F. 2.00 2,600.00 8. Guard Rail 180 L.F. 10.00 1,800.00 Subtotal $106,200.00 +8% Engineering 8,500.00 TOTAL $114,700.00 Developers' Participation = x 15'/36' x $114,700 = $23,896 City's Participation = 36 - 15 36 x $114,700 = $66,908 EXHIBIT "B" Carpus Christi, Te as day of ,.Gt:G!lt./4Gl—.41 198 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, Respectfully, MAYOR Council Members HE CITY 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