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HomeMy WebLinkAbout17661 ORD - 06/22/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER, FOR CITY PARTICIPATION IN PAVING IMPROVEMENTS ON EVERHART ROAD AND YORKTOWN BOULEVARD; APPROPRIATING $146,783.51 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 Henry Tucker, developer of The Lakes Subdivision, for City participation in the paving improvements on Everhart Road and Yorktown Boulevard coincidental with the development of The Lakes Unit 1 Subdivision, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $146,783.51 from the No. 220 Street Bond Fund applicable to Project No. 220-77-78, Yorktown and Everhart Road Curb, Gutter, and Pavement. 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 thealig day of June, 1983. ATTEST: y Secretary A PRO ED: DAY OF JUNE, 1983: mock City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17661 .?28igt4 thiCRof juiED AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and Henry Tucker, hereinafter called "Developer", and pertains to the City's share of the costs for paving improvements coincidental with the development of The Lakes Unit 1 Subdivision. WHEREAS, the Developer desires to dedicate and construct portions of Ever- hart Road and Yorktown Boulevard contained within and adjacent to The Lakes Unit 1 Subdivision as shown on Exhibit "A"; and WHEREAS, the City recognizes an obligation for participation towards a por- tion of the cost of Everhart Road and Yorktown Boulevard street improvements; NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer is obligated, as a requirement of the City Platting Ordin- ance, to construct sidewalk, 6 -inch curb and gutter, 2 -inch hot -mix and 8 -inch caliche base on Everhart Road adjacent to The Lakes Unit 1 Subdivision from the southwest corner of Sugar Ridge Unit 1 to 1390 feet south, as shown on attached Exhibit "A". 2. The Developer will finance and construct, or cause to be constructed, one-half of the ultimate width of Everhart Road adjacent to The Lakes Unit 1 Sub- division, including but not limited to 1 -inch Type D Hot -Mix, 3 -inches Type B Hot -Mix and 6 -inches of lime stabilized subgrade. 3. The City agrees to reimburse the Developer its share of the above de- scribed construction costs plus 71/2% engineering as shown on the attached Con- struction Cost Estimate, marked Exhibit "B". For purposes of this Agreement, the amount of City reimbursement to the Developer for Everhart Road construction shall not exceed Thirty-three Thousand Three Hundred Forty-eight and 60/100 Dollars ($33,348.60). 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 reimbursement to the Developer will be made after completion and acceptance of all subdivision improvements. 4. The Developer is obligated, as a requirement of the Platting Ordinance, to construct sidewalk, plus 60 -foot of street width, including 6 -inch curb and Agreement The Lakes Unit 1 Subd. Page 1 of a �xb. F r ent The Lakes Unit 1 Subd. Page 2 of 3 gutter on each side, with 2 -inch hot -mix and 8 -inch caliche base on the section of Yorktown Boulevard contained within The Lakes Unit 1 Subdivision as shown on attached Exhibit "A". 5. The Developer will finance and construct, or cause to be constructed two 26 -foot back to back streets with a 26 -foot wide median including, but not limited to 1 -inch Type D Hot -Mix, 3 -inches Type B Hot -Mix and 6 -inches of lime stabilized subgrade. 6. The City agrees to reimburse the Developer its share of the above de- scribed construction costs of Yorktown Boulevard, plus 711% engineering as shown on the attached Construction Cost Estimate, marked Exhibit "C". For purposes of this Agreement, the amount of City reimbursement shall not exceed One Hundred Thirteen Thousand Four Hundred Thirty-four and 91/100 Dollars ($113,434.91). 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 reimbursement to the Developer will be made after completion and acceptance of all subdivision improvements. 7. The Developer agrees, in compliance with City of Corpus Christi Ordin- ance No. 17112, to complete as part of this Agreement, the Disclosure of Owner- ship Interests form attached hereto and labeled Exhibit "C". 8. The Developer agrees to idemnify the City against any claims arising as a result of this project. 9. This Agreement shall be executed in duplicate, both of which shall be considered ane instrument. When both of the duplicates have been executed by the City, and at least one duplicate has been executed by the Developer, this Agree- ment shall become effective and shall be binding upon and shall inure to the benefit of the parties and their respective heirs, success and assigns. EXECUTED IN DUPLICATE originals this.giday of ATTEST: City Secretary APPROVED: day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY By APPROVED: By rs K. L. tos istant City Manager THE CITY OF CORPUS CHRISTI By Edward A. Martin, City Manager DEVELOPER: Henry Tucker agee 3 of 3 es Unit 1 Subd. THE STATE OF TEXAS i COUNTY OF NUECES i 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 i COUNTY OF NUECES i This instrument was acknowledged before me on , 19 by Henry Tucker as Developer. Notary Public in and for Nueces County, Texas ay I I I FaragE rzy 1 Hz— ExrEAtsio I I I I EXHIBIT 'A' �X Hi IT "13" TOTAL PREPARED BY PDV CHECKED BY EXHIBIT 1 (Li u"wawM DATE 4-28-83 JOB NO 19780.10 CONSTRUCTION COST PROJECT THE LAKES UNIT I ESTIMATE SHEET NO 1 OF 1 CITY STREET PARTICIPATION ITEM DESCRIPTION QUANTITY Q+ x UANTITY UNIT UNIT COST TOTAL Everhart Road Developer required to install entire i width including curb & gutter with 8" caliche base and 2" asphalt surface City to reimburse for extra thickness 3" type B Hot Mix = $5.85 SY 1" Type D Hot Mix = $2.15 SY TOTAL = $8.00 SY 2" Type D Hot Mix = $4.15 SY CITY COST = $3.85 SY 6" Lime Stab. Subgrade 4,841 5,083 SY 2.50 12,707.50 Asphalt Surface 4,530 4,757 SY 3.85 18,314.45 CITY CONSTRUCTION COST: 31.021.75 +7.5% ENGINEERING 2,326.65 EVERHART CITY PARTICIPATION: 33,348.60 �X Hi IT "13" TOTAL PREPARED BY PDV CHECKED BY EXHIBIT 1 (Li u"wawM DATE 4-28-83 JOB NO 19780.10 PREPARED BY PDV CHECKED BY UR!Nal,YM DATE 6-13-83 JOB NO 19780.10 CONSTRUCTION COST PROJECT YORKTOWN CITY PARTICIPATION ESTIMATE SHEET NO I OF 1 TEM DESCRIPTION QUANTITY QUANTITY + _x UNIT UNIT COST TOTAL A. Yorktown (2 Lanes - 26 Ft. B -B) 1: Clearing and Grubbing 5.647 5.929 AC 90.00 533.61 2. Excavation 4,588 4,817 CY 1.20 5,780.40 3. 8" Caliche 14,174 14,883 SY 4.30 63,996.90 4. 6" Lime Subgrade (5%) 14,174 14,883 SY 2.50 37,207.50 5. 3" Type "B" Hot Mix 12,061 12,664 SY 5.85 74,084.40 6. 1" Type "B" Hot Mix 12,061 12,664 SY 2.15 27,227.60 7. Prime Coat 12,061 12,664 SY 0.25 3,166.00 8. 6" L - Curb 5,884 6,178 LF 5.65 ' 23,487.05 9. 6" S - Curb 3,959 4,157 LF 5.65 23,487.05 10. 4' Sidewalk 12,945 13,592 SF 1.50 20,388.00 11. Street Signs 5 5 EA 150.00 750.00 12. Barricade 2 2 EA 150.00 300.00 TOTAL 291,827.)6 B. Yorktown (1 Lane - 60 Ft. B -B) 1. Clearing and Grubbing 5.647 5.929 AC 90.00 533 61 2. Excavation 5,295 5,560 CY 1.20 6,672.00 3. 8" Caliche 13,438 14,110 SY 4.30 60,673.00 4. Prime Coat 13,438 14,110 SY 0.25 3,527.50 5. 2" Asphalt 13,438 14,110 SY 4.15 58,556.50 6. 6" L -Curb 5,884 6,178 LF 5.65 34,905.70 7. 4' Sidewalk 12,945 13,592 SF 1.50 20,388.00 8. Street Signs 5 5 EA 150.00 750.00 9. Barricades 2 2 EA 150.00 300.00 TOTAL 186,306.31 City Participation = (A -B) + 7.5% (A -B) = (291827.16 - 186306.31) + .075 (291827 16 - 186306.31) = 105520.85 + 7914.06 = $113,434.91 EXHIDIT "C" TOTAL PREPARED BY PDV CHECKED BY UR!Nal,YM DATE 6-13-83 JOB NO 19780.10 CITY OF CORPUS CHRISTI •a 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. See reserve side for definitions. FIRM NAME. Mr. Henry Tucker STREET: 3834 Apollo FIRM Is: 1. Corporation ( 4. Association ( CITY. Corpus Christi, Texas 71P. 78415 2. Partnership ( ) 3. Sole Owner (X ) S. 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 Board, Commission, or Committee N/A CERTIFICATE 1 certify that all information provided is true and correct as of the dote of this statement, that 1 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. Certifying Person: HENRY TUCKER OWNER Title Signature of Certifying Person: t,ro.d.,�,t EXHltit-r "ID" Date- 6/ 7A CITY OF CORPUS CEIRISTI, TEXAS ' CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 15, 1983 I certify to the City Council that $ 146,763.51 , the amount required for the contract, agreement, obligation or expenditures oonte¢plated 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. 220-77-78 Project Name Yorktown and Everhart Road Curb, Gutter and Pavement from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 3 146/ 4� FIN 2-55 Revised 7/31/69 t8. HEI EE I I? lir INANIUYtin 39NVNI4 i/ ,19 Corpus Christi, Tex 021?0'14 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 MAYOR THE CITY CORPUS CHRISTI, TEXAS The above ordinance was passed 4 the following vote: Luther Jones �,._ Betty N. Turner // Jack K. Dumphy der Bob Gulley /--- Herbert L. Hawkins, Jr. / Dr. Charles W. Kennedy // r%1 Cliff Zarsky 17661