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Home My WebLink About17702 ORD - 07/13/1983(.......---'--...-.--------------- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BUDDY SEEDS DEVELOPMENT CORPORATION FOR CITY PARTICIPATION IN REWORKING PURDUE ROAD ADJACENT TO FUTURE LAGUNA ESTATES UNITS; APPROPRIATING $13,000 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 Buddy Seeds Development Corporation for City participation in the reworking of the existing half street pavement on the south side of Purdue Road adjacent to future Laguna Estates Units, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $13,000 from the No. 220 Street Bond Fund applicable to Project No. 220-77-82, Laguna Estates Subdivision/Purdue Road Improvements. 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 //3y of July, 1983. ATTEST: Secretary AP D: �, DAY OF JULY, 1983: :r cock, ty Attorney MAYOR 1':-,02 THE ' TY OF CORPUS CHRISTI, TEXAS SEP 2 81994 MICROFILMED AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City", and Buddy Seeds Development Corporation, hereinafter referred to as "Developer", and relates to improvements on Purdue Road coincidental with the development of Laguna Estates Subdivision. WHEREAS, construction improvements are currently underway for Laguna Estates Unit 1, including pavement with curb and gutter to match the existing half street on the south side of Purdue Road adjacent to Laguna Estates Unit 1 as shown by attached Exhibit "A"; and WHEREAS, the existing half street on the south side of Purdue Road east of Waldron Road has a crown centered approximately 12' south of the centerline of the ultimate pavement width, thereby creating an excess pavement requirement co- incidental with the construction of the remaining half street in conformance with City Standards; and WHEREAS, the City has participated towards reconstruction of the exist- ing half street on the south side of Purdue Road across from Laguna Estates Unit 1; and WHEREAS, the City and Developer agree that it is in the best interest of both parties to improve the remaining 753 feet of Purdue Road adjacent to future Laguna Estates Units coincidentally with the improvements on Purdue Road adjacent to Laguna Estates Unit 1 as shown on attached Exhibit "A"; 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. The Developer will finance and construct, or cause to be constructed the north 753 feet of Purdue Road adjacent to future Laguna Estates Units, including curb and gutter, and reconstruct the existing pavement and crown on the south side of Purdue Road across from the future Laguna Estates Units. 2. The City agrees to reimburse the Developer the sum of Thirteen Thousand and no/100 Dollars ($13,000.00) as its share of the costs towards the reconstruction Agreement Laguna Estates Subdivision Page 1 of 2 F b.„1" of the southern 753 feet of Purdue Road. The City's payment to the Developer will be made after completion and acceptance of the Purdue Road improvements. 3. The Developer agrees to indemnify the City against any claims arising as a result of this project. 4. The Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Owner- ship Interests form attached hereto and labeled Exhibit "B". 5. This 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 , 1983. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: day of , 1983 J. BRUCE AYCOCK, CITY ATTORNEY By By Edward A. Martin, City Manager Assistant City Attorney DEVELOPER: APPROVED: BUDDY SEEDS DEVELOPMENT CORPORATION By By James K. Lontos, P.E. Buddy Seeds, President Assistant City Manager STATE OF TEXAS COUNTY OF NUECES 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 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by Buddy Seeds as President of Buddy Seeds Development Corporation. Agreement Laguna Estates Subdivision Page 2 of 2 , 1983, Notary Public in and for the State of Texas WALDRON RD. 4.01 Lar /3 5t. Pea. *he Apavriv., Chonch: Pt. df 1..of p.4t- .,ZofIsLr of IG 1 258' „ V, _L / g / fix LA6 LINA EST4M5 UNIT 1. Proposed Curb;Gutter & Pavement Curb,Gutter, Sidewalk 8 Pavement Currently Under Construction Le/ /1 P2177.1/26 ZJA1115 Proposed Curb,Gutter & Pavement 495' --,..k--Pditiag;i.eif,Existina Street To—Bct ei,Reworke.,-14-,441r.^V*,!-;i•-vt., _ --- Existing Curb, Gutter 8 Sidewalk — tJ •-• . 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. See reserve side for definitions. FIRM NAME• STREET. CITY: 71P• FIRM is: 1. Corporation ( ) 4. Association ( ) 2. Partnership ( ) 3. Sole Owner ( ) 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) 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 that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title• nyw Signature of Certifying Person: Date. exmeiT "B" 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 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." V CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS - (City Charter Article IV Section 21) July 7, 1983 I certify to the City Council that $ 13,000.00 , the mount 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 N. 220-77-82 Project Name Laguna Estates Subdivision/Purdue Road Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 1\ FIN 2-55 Revised 7/31/69 T 7 -ice' , 2.9 Corpus Christi, Tex ".s ay 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, Council Members Respectfully, MAYOR THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passe the following vote: Luther Jones Betty N. Turner Jack K. Dumphy 401 , Bob Gulley O,_', Herbert L. Hawkins, Jr. / Dr. Charles W. Kennedy , Cliff Zarsky 17702