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Home My WebLink About17864 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 THE HALF STREET PAVING ON THE NORTH SIDE OF EVERHART ROAD ADJACENT TO WILLOWICK PLACE SUBDIVISION; APPROPRIATING $31,555.87; 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 the half street paving on the north side of Everhart Road adjacent to Willowick Place Subidivison, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $31,555.87 from the No. 220 Street Bond Fund applicable to Project No. 220-77-91, Willowick Place Subdivision Street. 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 S44L day of ATTEST: CitaIwo Ci ecretary APPROVED:'DAY OF OCTOBER, 1983 .Bruck, Ciljty Attorney 17864 , 1983. 41/ YIR' THE CITOF CORPUS CHRISTI, TEXAS SEP 2g1684 !SEP 2 81984 !KakiLMED AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and The Willowick, a partnership, hereinafter called "Developer", and pertains to. the City's share of the costs for paving improvements coincidental with the development of Willowick Place Subdivision. WHEREAS, the Developer desires to dedicate and construct portions of Ever- hart Road adjacent to Willowick Place Subdivision as shown on Exhibit "A"; and WHEREAS, the Developer desires to construct the half street paving on the north side of Everhart Road from the southeastern corner of Willowick Place to approximately 1078 feet to the east, as shown on attached Exhibit "A", for the purpose of completing portions of the unconstructed half street to provide better vehicular access to Willowick Place Subdivision; and WHEREAS, the City recognizes an obligation for participation towards a por- tion of the cost of Everhart Road 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 Willowick Place Subdivision, a distance of 660 feet, 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 Willowick Place Sub- division plus 1078 feet to the east, 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 711% 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-one Thousand Five Hundred Fifty-five and 87/100 Dollars ($31,555.87). 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. Agreement Willow Place Subd. Page 1 of 2 Ix6."FI' 4. 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". 5. The Developer agrees to idemnify the City against any claims arising as a result of this project. 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 By City Secretary Edward A. Martin, City Manager APPROVED: day of , 19 DEVELOPER: J. BRUCE AYCOCK, CITY ATTORNEY By APPROV /IL aa/ s K. Lont.4% •.E. sistant City Manager Jackson Ryan THE STATE OF TEXAS X COUNTY OF NUECES X 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 X COUNTY OF NUECES X This instrument was acknowledged before me on by Jackson Ryan as Developer. Page 2 of 2 , 19 Notary Public in and for Nueces County, Texas COUNTRY CLUB EST UNIT 22 MRS SNYDER PAVING WITHOUT SIDEWALK OR CURB & GUTTER ------64 PROPOSED WILLOWICK PLACE Block I Lot 20 PAVING WITH SIDEWALK" AND CURB AND GUTTER PROPOSED WILLOWICK PLACE BRECKENRIDGE SUBDIVISION W W aa EXHIBIT A a. PREPARED BY E.C.U.,Jr. CHECKED BY RIS YUAN namanam DATE 9-75-R3 JOB NO 12037 CONSTRUCTION COST PROJECT Willowick Place ESTIMATE SHEET NO ,i1 ___OF ITEM DESCRIPTION QUANTITY QUANTITY + 5 � UNIT UNIT COST TOTAL Offsite Improvements (Everhart Road) & ty Partacipataon an Pavement Strengthening 1. 6" Lime Treated Subgrade 4,561 SY 2.70 $12,314.70 2. 3" Tune "B" Hot Mix Plus 1" Type "D" 4,156 SY 8.50 $35.326.00 SUB -TOTAL $47,640.70 2" Type "D" Hot Mix 4,156 SY 4.40 $18,286.40 DIFFERENCE $29,354.30 ENGINEERING (7.5%) $ 2,201.57 TOTAL CITY SHARE $31,555.87 EX Hleir"13" TOTAL PREPARED BY E.C.U.,Jr. CHECKED BY RIS YUAN namanam DATE 9-75-R3 JOB NO 12037 deiP% CITY OF CORPUS CHRISTI 1\41. 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 aver -the. counter markets may 111e a current Securities and Exchange Commission Farm 10-K with the Ciy in Ileu of answering the questions below. See reserve side For definitions. FIRM NAfaE The Willowick STREET• 514 Guaranty Bank Plaza Ury;Corpus Christi. TFLICRa 71P: 7P475 FIRM Is: 1. Corporation ( ) 2. Partnership (X ) 3. Sole Owner ( 1. Association ( ) S. Other ( ) DISCLOSURE QUESTIONS if additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the norpes 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 mare 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 1 have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the Cly of Corpus Christi, Texas as changes occur. Certifying Person: Jackson S. Ryan -Jr. Title. Partner Signature of Certifying P ate: 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 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, entitles operated in the form of sole proprietorship, as self-employed person. partnership, corporation. taint stock company, joint venture, receivership or trust, and entitles 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 C REIFICATION OF FUNDS (City Charter Article IV Section 21) September 22, 1983 I certify to the City Council that $ 31,555.87 , 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 No. 220 Street Bond Fund Project No. 220-77-91 Project Name Willowick Place Subdivision Street front which it is proposed to be drawn, and such money is not appropriated for any other purpose. /a —s ,19,0 FIN 2-55 Revised 7/31/69 actor of cele O ti Corpus Christi, Texas day of Ot.t4.6.161../ , 19845 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 /IBJ:.. IE 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. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 17554