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Home My WebLink About17887 ORD - 10/19/1983TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF BRANDYWINE UNIT II SUBDIVISION FOR PARK PAVING IMPROVEMENTS; APPROPRIATING $9,698251;- AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute an agreement with Nueces Development Company providing for City participation in development of a portion of Brandywine Unit II Subdivision, for park paving improvements on Mansfield Drive which bounds 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 $9,698.51 from the No. 220 Street Bond Fund applicable to Project No. 220-77-93, Brandywine Unit II 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 effect upon first reading as an emergency measure this the 19th day of October, 1983. ATTEST: 4 L'ql City ecretary APPROVED 0 DAY OF OCTOBER, 1983 2.4 Bruce Aycock, Rity Attorney MAY Pm - Tem THE CITY OF CORPUS CHRISTI, TEXAS 1-7887 SEP 2 81984 MICROFILMED 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 Nueces Development Company, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Brandywine Unit II 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 Mansfield Drive 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 Nine Thousand Six Hundred Ninety -Eight and 51/100 Dollars ($9,698.51). 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" 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 "EXHIBIT C". 4. The "Developer" agrees to indemnify the "City" against any claims arising as a result of this project. Page 1 of 2 5. 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. EXECUTED IN DUPLICATE, this the day of , 19 ATTEST THE CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: day of , 19` J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: By James K. Lontos, P.E. Assistant City Manager STATE OF TEXAS COUNTY OF NUECES X DEVELOPER: Nueces Development Company By Dana A. Bennett, President 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 Dana A. Bennett, President of Nueces Development Company. Notary Public in and for the State of Texas Brandywine Unit II Page 2 of 2 EX/1/BIT 'A" WANT/TIES C G = 206.32 LF SW 825. 28 SF POW" = 362.00 SY CAUCHE =36200SF EXCAVA770111= 325 C. CLEARING &GRUMP 0.138 AC. EX 1-1 I BtT "A" EXHIBIT "B" September 22, 1983 Quantities, unit cost, and total cost extensions for City's portion of the construction contract for Brandywine Unit II, Corpus Christi, Nueces County Texas. All unit prices as per contractor's bid. Constuction Item - -Quantity Unit Price Extension 1. 6" Conc. Curb & Gutter 206.32 LF $ 6.25 $ 1,289.50 2. 4' Conc. Sidewalk 825.28 SF 5.25 4,332.72 3. 2" HMAC 362.00 SY 5.00 1,810.00 4. 6" Caliche Base Material 362.00 SY 3.25 1,176.50 5. Excavation 325.00 CY 1.25 406.25 6. Clearing & Grubbing 0.138 AC 50.00 6.90 SUB -TOTAL $ 9,021.87 Engineering Cost @ 712% of Construction Cost 0.075 x $9,021.87 = 676.64 City Reimbursement Cost, Engineering & Construction Cost $ 9,.698.51 EXHIBIT "C" 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: Nueces Development Company STREET. 5934 S. Staples, Suite 201 CITY. Corpus Christi, TX 71p• 78413 FIRM is: 1. Corporation ( X ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 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) 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 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 Dana A. Bchangewit�es of/ttcur. Certifying Person: e // // _Ary Signature of Certifvina Person: _ _ (1.) Title. President -i mm.. f1q/97/R4 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, Deportment 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 herr refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 7, 1983 I certify to the City Council that $ 9,698.51 , 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. 220-77-93 Project Name Brandywine Unit II Park Paving from which it is proposed to be drawn, and such money is not appropriated for any other purpose. vo A Ile FIN 2-55 Revised 7/31/69 /6- /7 . 19, 3 Corpus��ijChristi, T llxas l-1 day of �r/Ip1dL1Lt, , 198 3 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 MA ORP�o•Tem THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed y the following vote: Luther Jones Betty N. Turner i David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez, Mary Pat Slavik i788