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HomeMy WebLinkAbout17863 ORD - 10/05/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE WILLOWICK PROVIDING FOR CITY PARTICIPATION IN THE DEVELOPMENT OF A PORTION OF WILLOWICK PLACE SUBDIVISION, FOR PARK PAVING IMPROVEMENTS ON WAPENTATE DRIVE, GRAND JUNCTION DRIVE, AND MONARCH STREET WHICH BOUND THE PARK AREA; APPROPRIATING $30,524.57; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an agreement with The Willowick providing for City participation in the development of a portion of Willowick Place Subdivision, for park paving improvements on Wapentate Drive, Grand Junction Drive, and Monarch Street which bound the park area, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $30,524.57 from the No. 220 Street Bond Fund applicable to Project No. 220-77-92, Willowick Place Subdivision 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 and shall take eff ct77��uponn first reading as an emergency measure this the ,5""day of et4404J , 1983. ATTEST: Secretary MAYOR APPROVED: 4 AY OF OCTOBER, 1983 A. ,Bruce`�Aycoc , C jLy Attorney THE CITY 1793 F CORPUS CHRISTI, TEXAS \P 28 1014 L OFILMED AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES 'X THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and The Willowick, a partnership, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Willowick Place 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 Wapentate Drive and Grand Junction Drive and Monarch Street 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 Ordinance. 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 Thousand Five Hundred Twenty Four and 57/100 Dollars ($30,524.57). 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 completion 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. Page 1 of 2 Exb. "A' 5. 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 Exhibits B-1 through B-2. EXECUTED IN DUPLICATE ORIGINALS, this the day of , 19 ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 19 Assistant City Attorney APPR es K. •n;.- P.E. istant City Manager TE OF TEXAS X COUNTY OF DEVELOPER: By Jackson Ryan NUECES X This instrument was acknowledged before me on 19 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 X COUNTY OF NUECES X This instrument was acknowledged before me on 19 by Jackson Ryan, The Willowick a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas Willowick Place Page 2 of 2 m 2 CURB AND GUTTER(C9 G) SIDEWALK (S.W.) EXIST. EXISTING 6 FLOWLINE ROW RIGHT -OF- WAY •/ R. PROPERTY LINE YARD REQUIREMENT ASPHALT PAVING TRANSITION FROM 6° TO 4 • CURB AND GUTTER IN STREET INTERSECTIONS AT CURB RETURNS PROPOSED STORM SEWER MANHOLE LOCATION VALLEY GUTTER UTILITY EASEMENT le a / //qbl / • • • /ti LOT III, fr :r is i. tt Z54 END G SW STA X7.78 51 TG 24.9' E1.1D G�C� STA T G a 24.91 42 P. -T TC. v Z4 ti" LOT' 45 PT STA. 5.40 TG = 259 PT STA 48.01. TC- = 2.4.35 STA 0.94..9Lo TC. = 24 Z. STA 4.°92. TG - Z.9 e, c, B STA 4 TG STA o°b1 TG.= Z40 4 ° WAPENT =TE DRIVE STA STA I• ' B. STA or51 TC Z'S9 • GB STA 4°31 4L TC -Z.5 �.TA 9a9�1 1..7 N STA 1745b TG - Z4 1 PREPARED BY CHECKED BY C.U. CRR DATE 9-15-83 12037 JOB NO CONSTRUCTION COST PROJECT Willowick Place ESTIMATE SHEETNO1 OF 1 ITEM DESCRIPTION QUANTITY QUANTITY 55 UNIT UNIT COST TOTAL Park Participation 1. Clearing & Grubbing 0.64 AC 130.00 83.20 2. Excavation 'I, 1,848 CY 1.30 2,402.40 3. 6" Caliche 1,911 SY 3.20 6,115.20 4. Prime Coat 1,911 SY 0.25 477.75 5. 2" Hot Mix 1,911 SY 4.40 8,408.40 6. 6" L Curb 866 LF 6.00 5,196.00 7. 4' Wide Sidewalk 3,570 SF 1.60 5,712.00 SUB -TOTAL $28,394.95 7.5e Engineering $ 2,129.62 TOTAL $30,524.57 • .3 If E XI -h G VI - TOTAL PREPARED BY CHECKED BY C.U. CRR DATE 9-15-83 12037 JOB NO • 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 stack 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: The Willowick STREET. $14 Guaranty Bank Plaza Cly:Cornus Christi. TAXRF 7)p 7R475 FIRM is: 1. Corporation ( ) 2. Partnership (X ) 3. Sole Owner ( ) 4. Assocation ( ) S. Other ( ) DISCLOSURE QUESTIONS If additional space Is necessary, please use the reverse aide 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.R. 2. State the names of each 'official" of the City of Carpus Christi having an "ownership interest" constituting 3% or mare 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 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: Jackson S. Ryan -Jr. 77 Title. Partner 1.0 Signature of Certifying Pen: �`"+O"` 9k - .� z�/te• 9-12-83 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 an a full or parttime basis, but not as an Independent contractor. e. "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, point stock company, (oint 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 Coundl, 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 =PUS CHRISTI; TEXAS CESTIFICZTION OF F Nr S (City Charter Article IV Section 21) September 22. 1983 I certify to the City Council that $ 30.524.57 , the amount required for the contract, ant, obligation or expendires 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 No. 220 Street Bond Fund Project No. 220-77-92 Project Name Willows k',Plare Subdivision Park Paving from which it is proposed to be drawn, and such money is not appropriated for any other purpose. ft, 0151 FIN 2-55 Revised 7/31/69 /6 ,3'� , 19 Corpus Christi, Texas S44 day of_01,44,/ , 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 CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. �// t� Dr. Charles W. Kennedy IaleAAnt Joe McComb Frank Mendez Mary Pat Slavik