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Home My WebLink About17392 ORD - 12/15/1982AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PATRICIA PETERSON NUSS, HENRY NUSS, CHRISTY PETERSON BROWN, AND BILL J. BROWN, DEVELOPERS OF HOLLY OAKS SUBDIVISION, PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF MEADOWVISTA DRIVE WHICH ABUTS THE PROPOSED DEDICATED PARK IN THE SUBDIVISION; APPROPRIATING $4,622.89 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 Patricia Peterson Nuss, Henry Nuss, Christy Peterson Brown, and Bill J. Brown, developers of the Holly Oaks Subdivision, providing for City participation in the construction of Meadowvista 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 $4,622.89 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-70, Holly Oaks Subdivision 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 andmeshall take effect upon first reading as an emergency measure this the /3 day of December, 1982. ATTEST: APPROVED:/DAY OF DECEMBER, 1982 . BrGce cocity Attorney MAY 1p, r%1lr THE OF CORPUS CHRISTI, TEXAS 17:192 SEP zi 1984 MICROFILMED,. AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Patricia Peterson Nuss, Henry Nuss, Christy Peterson Brown and Bill J. Brown hereinafter called "Developer". WHEREAS, the. Developer in compliance with the City's Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Holly Oaks Subdivision 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 Meadowvista Drive which bounds the above described dedicated park. The improvements will be constructed in accordance with the plans and specifications approved by the Department of Engineering. 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 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 Four Thousand Six Hundred Twenty-two and 89/100 Dollars ($4,622.89). 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 and dedication of the park to the City. 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 B-1 through B-2. Agreement Holly Oaks Nuss, Brown Page 1 of 3 1x13• 'q„ 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 DEVELOPERS: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Patricia Peterson Nuss APPROVED: THE STATE OF TEXAS § COUNTY OF NUECES § Henry Nuss Christy Peterson Brown Bill J. Brown 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 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 19 , by Patricia Peterson Nuss. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 19, by Henry Nuss. Notary Public in and for the State of Texas Agreement Holly Oaks Nuss, Brown Page 2 of 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 19 , by Christy Peterson Broom. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 19 , by Bill J. Brown. Notary Public in and for the State of Texas Agreement Holly Oaks Nuss, Brown Page 3 of 3 PROJECT CONSTRUCTION COST ESTIMATE HOLLY OAKS - PARK PARTICIPATION SHEET NO. 1 OF 1 BACKHOE LEASE, INC. PRICES ITEM DESCRIPTION I QUANTITY QUANTITY + % UNIT UNIT COST TOTAL I. 2. 1 Clearin• and Grubbin. Excavation .10 115 ICY AC 50.001 2.251 5.00 258.75 3. 6" Compacted Caliche 294 SY 3.09 908.46 4. Prime Coat 294 SY .351 102.90 5. 2" Asphalt 294 SY 4.09 1,202.46 6. 6" L Curb 147 LF 6.00 882.00 7. 4' Sidewalk 588 LF 1.60 940.80 CONSTRUCTION $ 4,300.37 7.5% ENGINEERING 322.52 IS PARTICIPATION 4,622.89 • EXPITAIT GI " TOTAL PREPARED PDV DATE JOB NO 10-25-82 BY CHECKED BY 19484.01 f1igultimata CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 6, 1982 I certify to the City Council that $ 12,600.00 , 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 Project No. Project Name 220 Street Bond Fund 220-77-73 Five Points - S.H. 77 & Upriver Road Turn Radius frran which it is pi sed to be drawn, and such nnney is not appropriated for any other purpose. -acquisition -Brunson/Dean FIN 2-55 Revised 7/31/69 /Z.- /s^ , 1982— 3- 5 + 1 �+ a Eitemair 40 LOT 3 0P% G.B.'/503l3.34 EX/dr. Y.G.>'/41.5( G'. B. = /2+99.39 MENDOANASTA N _DRIVE.; L CURS ? • 0:96 % .5 v earmsir %.1 qq+ tri `q. w•. EX/Of/x/6 BA,P/1C4.0e G. B ' /5'36 .(,) EX,Sr7C.'/8.73 na �x/sriv� Daae 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:PatriciaPeterson Buss, Henry Huss, Christy Peterson Brown, Bill J. Brown ADDRESS: P. 0. Box 8229 Corpus Christi, Texas 78412 FIRM is 1. Corporation ( ) 2. Partnership (x) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) 1 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 thenames of each "employee" -of the City of Corpus Christi havi an "ownership interest" constituting 3% or more of the ownership in the 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 Ti tl e 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 Corpus Christi Zoning Rnarrl of Arljuatmant 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 that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. . Name of Certifying Person: Bill J. Brown Title: Partner Signature of Certifying Person:._ Date Signed: 11/23/82 ` CITY OF CORPUS CHRISTI, TFKAS CEPTIFICATION OF FUNDS (City Charter Article IV Section 21) November 30, 1982 I certify to the City Council that $ 4,622.89 , 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 Project No. Project Name 220 Street Bond Fund 220-77-70 Holly Oaks Subdivision Park Paving from which it is puipused to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 FINAO S $ 23 AM 'V Corpus Christi, Texas J5". day of ,,19$2 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, MAY Council Members The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Ard moi HE CITY CORPUS CHRISTI, TEXAS the following vote: