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HomeMy WebLinkAbout17659 ORD - 06/22/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN KELTNER, FOR CITY PARTICIPATION IN CONSTRUCTION OF A HEADWALL AND REMAINING ELEMENTS OF THE AIRLINE ROAD BRIDGE IN RELATION TO THE WOOLDRIDGE-STAPLES CHANNEL, PHASE II; APPROPRIATING $22,026.00 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 John Keltner representing the owners of various tracts participating in the construction of the Wooldridge -Staples Channel, Phase II, for City participation in the construction of a headwall and remaining elements of the Airline Road bridge, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $22,026.00 from the No. 295 Storm Sewer Bond Fund of which appropriation $21,526.00 is for the agreement and $500.00 is for testing applicable to Project No. 295-70-66, Wooldridge -Staples Outfall. 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 ' 2#9 day of June, 1983. ATTEST: APRPROV D: Oc/rniDAY OF JUNE, 1983: J Bruce Aycock, Cjty Attorney MAYO 1-7859 HE CITY CORPUS CHRISTI, TEXAS SEP 2 S 104 MICROFILMEV THE STATE OF TEXAS COUNTY OF NUECES Il Il AGREEMENT ( This Agreement is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and John Keltner, representing the owners of various tracts participating in the construction of the Wooldridge/Staples Phase II Channel shown on Exhibit "B", hereinafter called "Developer", and pertains to the City's share of the drainage improvements coincidental with the development of the Wooldridge/Staples Drainage Channel. WHEREAS, the City has requested the Developer to construct a concrete head- wall on the west side of the existing culvert at Airline Road; NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer is obligated, as a requirement of an Agreement authorized by Ordinance No. 17522, to construct a drainage channel between Wooldridge Road and Saratoga Boulevard from approximately 2,610 feet southeast of Staples Street to the west side of the existing culvert at Airline Road for the purpose of pro- viding drainage to said various tracts participating in the channel construction. 2. The Developer will finance and construct, or cause to be constructed, a headwall structure for the existing culvert crossing at Airline Road, as shown on attached Exhibit "A". 3. The City agrees to reimburse the Developer as its cost of the above stated construction, the sum of Twenty-one Thousand Five Hundred Twenty-six and 00/100 Dollars ($21,526.00), as shown by attached Exhibit "C", Item 2. Such reimbursement will be made by the City to the Developer upon completion and acceptance of the drainage improvements by the City. The actual reimbursement will be adjusted according to the actual construction cost as shown by cost supporting documenta- tion to be submitted to the City Engineer by the Developer after completion of_ the work, but in no case shall the reimbursement exceed the above stated amount. 4. The Developer agrees to indemnify the City against any claims arising as a result of this project. 5. This Agreement shall be executed in duplicate, both of which shall be considered one instrument. When both of the duplicates have been executed by the Agreement Wooldridge/Staples Channel Phase II John Keltner Page 1 of 2 r_Xb. "A' City, and at least one duplicate has been executed by the Developer, this Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns. EXECUTED, in duplicate this day of ( , 1983. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin City Manager APPROVED: day of , 1983 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney APPROVED: DEVELOPER: s K. Lo istant City Manager John Keltner THE STATE OF TEXAS 1 COUNTY OF NUECES i This instrument was acknowledged before me on , 1983 by Edward A. Martin, as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas THE STATE OF TEXAS 4 COUNTY OF NUECES i This instrument was acknowledged before me on , 1983 by John Keltner representative of the property owners shown on attached Exhibit B. Notary Public in and for the State of Texas Agreement Wooldridge/Staples Channel Phase II John Keltner Page 2 of 2 •SHERROD • •WOOL '. iI" R DGS CRE t ' AS Acre. Ifr II I (PROP. CONCRETE HEADWALL Ilt _ WOOLDRIDGE/STAPLES CHANNEL ill PHASE II i X11 SMITH f 121$ Acre 1 t i II _ -1 SARATOGA BLVD. STARK SARA OR.. 111,0 I EXIST. CITY PILOT DITCI ��rY h I o } I rI t " 1 t IL. via _LJ CHURCH/AL/CLO- • 11(03 Acre EXHIBIT 'A" - ---- a1ae©111=1aoe e01111/1152 Owners of tracts shown in Exhibit "A" that are parties to this agrean4..-. 1. The owner of the 20 -acre tract is Sherrod Construction Company. 2. The owners of the 48 -acre tract are John Tucker and Henry Tucker. 3. The owners of the 50 -acre tract are Frances Elizabeth Fulton, Frank P. Zoch, III, Hayden W. Head, Trustees for Frank Peter Zoch, III Testamentary Trust U/W Fran% P. Zoch, Jr.; Frances Elizabeth Fulton, Frani P. Zoch, III, Hayden W. Head, Trustees for Frances Elizabeth Fulton Testamentary Trust U/W _rank P. Zoch, III, Co -Executors for the Estate of Elizabeth K. Zoch; Stephen J. Eelberg, J. R. Rainey, Jr., F. Peter Zoch, II, Deborah D. Shelton, Co -Trustees for Deborah D. Shelton Trust of Seote_ber 27,01977; Margaret R. Turnbull, Robert B. Wallace, Co -Trustees for Paul Turnbull Trust 41; Margaret R. Turnbull, Robert B. Wallace, Co -Trustees for Paul Turnbull Trust 42; Yvonne H. Simard and Margaret R. Turnbull. . 4. The owner of the 80 -acre tract is Country Club Properties. 5. The owners of the 125 -acre tract are Farrell Dee Smith, Geri. AGr Anderson, A. T. Mc4urry, Jr. and Texas Commerce Bank of Cornus Christi, Trustees of the Testamentary Trust created under the Wills of F. J. Smith and Annie T. Smith, both deceased, and Geri Ann Anderson and Farrell M. Smith, both acting individually. 6. The owners of the 163 -acre tract are Thomas J. Drury, Bishop of the Diocese of Corpus Christi, Texas, Tim Clower and R. C. Aller.. • EXHIBIT "B" BIDS TABULATED BY: BID TABULATION FOR JOB NO.: 20634 URBAN ENGINEERING WOOLDRIDGE STAPLES CHANNEL PHASE .I SEALED BIDS OPENED: 2725 SWANTNER - P.O. BOX 6355 CORPUS CHRISTI, TEXAS 78411 PAGE: 1 of 1 June 1, 1983 HELDENFELS BROTHEFS, I::C. P.O. BOX 4957 CORPUS CHRISTI, :.. :3469 CLAUDE CHAPMAN CONST. 7603 LEOPARD STREET CORPUS CHRISTI, TX 78409 DEBER, INC. P.O. BOX 4268 CORPUS CHRISTI, TX 78469 QUANTITY UNIT UNIT COST TOTAL =::10C::T UNIT COST TOTAL AMOUN UNIT COST TOTAL AMOUNT ITEM DESCRIPTION 56,265 CY 1.00 5_,245 1.: 1.42 79,896.30 1.52 85,522.80 1. excavation 1 LS 22,526.00 .11.226.2,1 8,000.00 8,000.00 49,643.80 49,643.80 2. Airline Headwall Structure 1 LS 3,551.00' 2._.1.20 2,500.00 2,500.00 3,701.20 3,701.20 3. London House Outfall Structure LS 500.00 2,000.00 2,000.00 4,132.20 4 132.20 4. Utility Adjustment 3_ ,,142.2.1 92,396.30 143,000.00 TOTAL: -I- I-- ■ E.X Nrt3 IT "C" CITY OF CORPUS CHRISTI, TES CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 22 1983 I certify to the City Council that $ 22,026.00 , 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 995 - Stnrm Saruar Rnnd Fund 795-7n-F,F, Wooldridge/Staples Outfall from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 Corpus Christi, TV day of � , _ , 1983 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 CHRISTI, THE ISTI, TEXAS CITY CORPUS 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 17659