The URL can be used to link to this page

Home My WebLink About17633 ORD - 06/08/1983•t AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., FOR CITY PARTICIPATION IN CONSTRUCTION OF CEDAR PASS DRIVE AND GRAND JUNCTION DRIVE; APPROPRIATING $32,585.94 FOR THIS 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 is hereby authorized to execute an agreement with E. H. Moore Homes, Inc., and J. R. Builders, Inc., for City participation in the construction of Cedar Pass Drive and Grand Junction Drive which abuts the dedicated park in Breckenridge Unit 5 Subdivision, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated $32,585.94 from the No. 220 Street Bond Fund applicable to Project No. 220-77-79, Breckenridge Unit 5 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 d shall take effect upon first reading as an emergency measure this the 'day of June, 1983. ATTEST: Secretary MAYOR ArEED: jjjj DAY OF JUNE, 1983:. ruce Aycock, City 4 ttorney 1 638 THE CITY OF CORPUS CHRISTI, TEXAS SgP 2 81984 MICROFILMED._ AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 1 THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and E. H. Moore Homes, Inc., and 3. 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 5 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 Grand Junction and 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. 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 Ordin- ance. 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 Thirty-two Thousand Five Hundred Eighty-five and 94/100 Dollars ($32,585.94). 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 com- pletion 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. 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. Exp "A9 5. The "Developer" further agrees, in compliance with City of Corpus Christi Ordanance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto and labeled "EXHIBIT C. EXECUTED IN DUPLICATE, this the day of , 19_ THE CITY OF CORPUS CHRISTI ATTEST By City Secretary Edward A. Martin, City Manager APPROVED: day of ,19 . J. BRUCE AYCOCK, CITY ATTORNEY By DEVELOPER: Assistant City Attorney By APPROVED: E. H. Moore, President E. H. Moore Homes, Inc. By James K. Lontos, P.E. Assistant City Manager By James R. Ewing, President J. R. Builders, Inc. STATE OF TEXAS 11 COUNTY OF NUECES This instrument was acknowledged before me an 19 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. STATE OF TEXAS COUNTY OF NUECES Notary Public in and for the State of Texas (Use proper acknowledgement) Notary Public in and for the State of Texas (2) AGREEMENT - 1-1P.TCN STA. 5 25 •rr.7.71:3 I I I 1 I I 11 I I t PARK -- ® LOT2 I D.12-5-Vak LOT 2 PPR PT8 ; \ 'CC 20 - 5 • • 2 111 o 111 tg • ' 5 T I I 0 1.0.7,11 LUSTING ST.\ 25 Gs•lh-rING 1, • ea 2 /Z 4 s -rt, o so— T C = 20.3 L. - • • -••---- - • , T.0 • / 9 SG — •.• *PASS 5 15' CONSTRUCTION COST ESTIMATE PROJECT Breckenridge Unit 5 City Park Participation SHEET NO 1 OF 1 ITEM DESCRIPTION QUANTITY QUANTITYUNIT UNIT COST TOTAL - CITY PARK PARTICIPATION _- I. Clearing and Grubbing 0.72 AC 60.00 43.20 2. Excavation 2,032 CY 1.25 2 540.00 3. 6" L Curb 1,009 LF 5.70 5 751.30 4. 6" Compacted Caliche 2,130 SY 3.05 6,496.50 5. 2" THD Type D Hot Mix 2,130 SY 4.20 8,946.00 6. Prime Coat 2,130 ®I. 532.50 7. 4' Concrete Sidewalk 4,002 SF 1.50 6,003.00 CITY PARK PARTICIPATION 30,312.50 + ;, „ •,.. 2 273.44 TOTAL CITY PARTICIPATION 32 585.94 iii=iM IME TOTAL PREPARED BY RCH CHECKED BY DATE 5/11/83 JOBNO 10333.5x CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS k. 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 whdse 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. FIRMNAME: J — [� L�ck r 1,,, c 4 ""-1-`°0"^' l� 4-$ ADDRESS: 3 73 3 ,,!(20 ill'. u Ca Kt',, r afe-/'s �.� s FIRh1 is 1: Corporation (1---1— 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 ilanager, Assistant City (tanagers, 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. EXHIBIT "C" 41111 1. State the name; an "dwnership int( above named "firm_" Name of each "employee" of the Cit' of Corpus Christ 'ng est" constituting 3% or mor, of the ownership ie 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 supple7D.ta17.15.tatements will be promptly submitted to t e/City of C• pChi.' a„5/changes occur. Name of Certifying PPrcn, Ti•t'le Signature of Certj(fjing Person: Date Signed: r_� CITY OF CORPUS CHRISTI, TEXAS CE aIFICATION OF FUNDS (City Charter Article IV Section 21) June 1, 1983 I certify to the City Council that $ 32,565.94 , 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. 220-77-79 Project Name Breckenridge Unit 5 Park Paving from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 6, x, ar- FIN 2-55 Revised 7/31/69 , 19 Corpp) Christi, Tex g day of , 193 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, Council Members /7/ MAYOR THE CITY 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 Cliff Zarsky 17633