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Home My WebLink About17634 ORD - 06/08/1983ti AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH B & G CUSTOM BUILDERS, INC., FOR CITY PARTICIPATION IN CONSTRUCTION OF CEDAR PASS DRIVE BRIDGE; APPROPRIATING $47,010.34 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 B & G Custom Builders, Inc., for City participation in the construction of Cedar Pass Drive Bridge crossing the downstream end of the Schanen Drainage System, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $47,010.34 from the No. 220 Street Bond Fund applicable to Project No. 220-77-72, Cedar Pass Bridge to supplement $66,908.00 previously appropriated. 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 day of June, 1983. ATTEST: Ci y Secretary ARBVED: DAY OF JUNE, 1983: J Bruce ycock, Ci ttorney i 'r THE CI OF CORPUS CHRISTI, TEXAS MAY 17634 MP281984 MLCRUFILMU . ti AGREEMENT THE STATE OF TEXAS i COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter referred to as "City", and B & G Custom Builders, Inc., hereinafter referred to as "Developer". WHEREAS, a portion of the Developer's land, known as Cedar Ridge Unit I, is situated east of an existing 160 -foot drainage right-of-way and ditch; and WHEREAS, a requirement of the City Platting Ordinance obligates the Devel- oper to construct a bridge across said 160 -foot drainage right-of-way at the point where Cedar Pass Drive intersects the drainage right-of-way as shown on Exhibit "A"; and WHEREAS, the Developer desires to construct the bridge concurrently with the remaining subdivision construction improvements; and NOW, THEREFORE, for and in consideration of the mutual covenants herein. exchanged to be kept and performed, the parties do hereby covenant, and agree as follows: 1. Developer agrees to finance and construct, or cause to be constructed, said bridge at the location shown on Exhibit "A". 2. The City agrees to reimburse the Developer as its share of the above stated construction cost, plus 71/2% Engineering, the sum of One Hundred One Thousand Nine Hundred Seventy and 34/100 Dollars ($101,970.34), plus the Breckenridge Subdivision Developer participation previously received by the City, said amount being the sum of Eleven Thousand Nine Hundred Forty-eight and no/100 ($11,948.00), for a total reimbursement of One Hundred Thirteen Thousand Nine Hundred Eighteen and 34/100 ($113,918.34), as shown in the cost breakdown on attached Exhibit "B". Such reimbursement shall be made by.the City upon receipt of verification of the actual construction cost submitted by the Devel- oper upon completion and acceptance of the construction improvements, but in no case shall the reimbursement exceed the above stated amount. 3. The City agrees that it will endeavor, via a future annexation contract, to place a bridge obligation on the future developer of the property on the immediate north of the east end of the proposed bridge. The bridge obligation Agreement Cedar Ridge Unit I Page 1 of 2 will be in the form of the City attempting to collect an amount not to exceed $17,260.36 from said future developer. After being collected, the City agrees to promptly remit the sum of $17,260.36 to B & G Custom Builders Inc. Should the City not collect this sum as a bridge obligation from the future devel- oper, then City will have no obligation to remit, remburse or pay B & G Custom Builders Inc. any funds other than the City's participation of $113,918.34 as outlined in this agreement. 4. The Developer agrees to indemnify the City against any claims arising as a result of this project. 5. The 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 Exhibit C. 6. This Agreement shall be executed in duplicate, both of which shall be considered one instrument. When both of the duplicates have been executed by the City, and at least one duplicate has been executed by the Developer, this Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns. EXECUTED IN DUPLICATE originals this day of ,19 . ATTEST: THE CITY OF CORPUS CHRISTI City Secretary APPROVED: day of ,19 J. BRUCE AYCOCK, CITY ATTORNEY By APPROVED: By James K. Lontos, P.E. Assistant City Manager By Edward A. Martin, City Manager DEVELOPER: By W.E. Garrett, President B & G Custom Builders, Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 19 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 COUNTY OF NUECES This instrument was acknowledged before me on ,19 by W. E. Garrett, President of B & G Custom Builders, Inc. Agreement Cedar Ridge Unit I Page 2 of 2 Notary Public in and for Nueces County, Texas -t 0A06 -r PASS W. 0 .l.„ 4-1-- [.1 I "C j: sienna OLA. CEDAR PASS BRIDGE Construction Cost Plus 71/2% Engineering TOTAL COST $154,139.00 11,560.42 $165,699.42 Each Adjacent Developer's Share: ' (15'/36' X $165,699.42) = $17,260.36 Cedar Ridge $17,260.36 Tract North of Ditch, Owned by Cedar Ridge Developer (undeveloped) 17,260.36 Tract North of Ditch, East of Cedar Pass (undeveloped) 17,260.36 Breckenridge (previously deposited into bridge fund) 11,948.00 $63,729.08 City Share: Total Cost Less Developers' Participation TOTAL CITY SHARE BREAKDOWN OF REIMBURSEMENT TO CEDAR RIDGE DEVELOPER: City Share Breckenridge TOTAL REIMBURSEMENT EXHIBIT "8" $165,699.42 63,729.08 $101,970.34 $101,970.34 11,948.00 $113,918.34 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 shores are publicly traded and listed on national or regional stock exchanges or over-the- counter markets moy file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering the questions below. See reserve side for definitions. FIRM NAME• W.E. Garrett STREET: .P.O. Box 7155 CITY, Corpus Christi, Texas 71p' 78415 FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( X ) 4. Association ( ) 5. Other ( ) 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 having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 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 N/A 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 N/A Board, Commission, or Committee CERTIFICATE I certify that all information provided is tru 'kind correct as of the date of this statement, that I have not knowingly withheld disclosure of any informati n rogue ed; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as ch nges occu / O) WILLI Certifying Person: ("s- ��( /LI Title. OWNER Signature of Certifying Person: l X - 4t�'2 V Dote. g"77 DEFINITIONS The fallowing 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 on independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, 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, includ- ing 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." • • CITY OF CORPUS CHRISTI, TEXAS CERCIFICATION OF FUNDS (City Charter Article IV Section 21) May 25, 1983 I certify to the City Council that $ 47,010.34 , 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: nand No. and Name 220 Street Bond Fund Project No. 220-77-72 Project Name Cedar Pass Bridge from which it is proposed to be drawn, and such money is not appropriated for any other purpose. $35,062.34 - City's Share $11,948.00 - Previously Deposited Developer's Funds 'r g 19I 01 FIN 2-55 Revised 7/31/69 �� d , 19 Cor us Christi, Texa day of , 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, Council Members MAYOR THE CIT / 1407% iF CORPUS CHRISTI, TEXAS The above ordinance was passe. y the following vote: Luther Jones /pr Betty N. Turner Jack K. Dumphy 1 Bob Gulley i1 Herbert L. Hawkins, Jr. , Dr. Charles W. Kennedy Cliff Zarsky ' '17634