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
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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