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Home My WebLink About17914 ORD - 11/02/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TRISTAR DEVELOPMENT, INC. PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A BRIDGE IN AN EXISTING DRAINAGE RIGHT-OF- WAY AND DITCH ALONG THE SOUTHERN BOUNDARY OF THE INVERNESS UNIT B SUBDIVISION; APPROPRIATING $23,722.44; 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 Tristar Development, Inc. providing for City participation in the construction of a bridge in an existing drainage right-of-way and ditch along the southern boundary of the Inverness Unit B Subdivision, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $23,722.44 from the No. 220 Street Bond Fund applicable to Project No. 220-77-89, Inverness Bridge. 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 2nd day of November, 1983. ATTEST: ity Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED. DAY OF NOVEMBER, 1983 JrNo cock, gity Attorney 17914 MNROr 1LMEo SEP 2 81984 AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT is entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City", and Tristar Development, Inc., herein- after referred to as "Developer". WHEREAS, the Developer, in compliance with the City Platting Ordinance, proposes to plat a tract of land known as Inverness Unit B Subdivision; and WHEREAS, a portion of the Developer's land described above is situated adjacent to an existing drainage right-of-way and ditch along the southern boundary of Inverness Unit B Subdivision; and WHEREAS, a requirement of the Platting Ordinance obligates the Developer to construct a bridge across said drainage right-of-way and ditch as shown by Exhibit "A"; and WHEREAS, it is the desire of the Developer to incur this obligation by depositing his share of the bridge construction and engineering costs into the "Inverness Unit B Bridge Project Account" prior to the time that the above said plat is filed for record, this amount being determined as the Developer's share as shown on attached Exhibit "B"; and NOW THEREFORE, for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby convenant, and agree as follows: 1. Developer will deposit Twelve Thousand Seven Hundred Eight and 45/100 Dollars ($12,708.45) into the "Inverness Unit B Bridge Project Account" prior to the time said plat is filed for record. This computation is shown on Exhibit "B". 2. The City will deposit Twenty Three Thousand Seven Hundred and Twenty- two and 44/100 Dollars ($23,722.44) into the "Inverness Unit B Bridge Project Account" at the time that this agreement is signed. This computation is shown on Exhibit "B". 3. City will construct, or cause to be constructed, said bridge at the location shown on attached Exhibit "A" at the time that the property adjacent to the southern boundary line of proposed Inverness Unit B Subdivision and said drainage right-of-way is platted and development commenced thereon. Agreement - Inverness Unit B 4. 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 C-1 through C-2. 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 By APPROVED: By James K. Lontos, P.E. Assistant City Manager Fred Braselton THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 1983 by Edward A. Martin as City Manager for the City of Corpus Christi, Texas. THE STATE OF TEXAS COUNTY OF .NUECES X X Notary Public in and for Nueces County, Texas This instrument was acknowledged before me on , 1983 by Fred Braselton, Developer of Inverness Unit B. Notary Public in and for Nueces County, Texas Agreement - Inverness Unit B Page 2 FITURE R/126 LEA 511012 „y„ 1IglriX YJCxUG c. W. Q,a Z /1 11 11 11 tz NJ 1Oo �0 I•bTI EMENT ti M1 Wpc12 a- c�c••c�'n>'h/I o•Z;79. yJ - ^Ir2`n,� �INcInc�cro' o R� 1 Zc 11 z N�o•�'lrml� 1c:4 99' ,o,Cy 1 C 1 n // I d 7 II \ H I, o C J • �S� 1 11 F` 1 R • /1 C. J a't;CP INVERNESS UNIT B BRIDGE COST ESTIMATION * * Based on 3 - 9'x5' concrete boxes, 29' ditch base ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL 1. 3 - 9'x5' R.C.B. x 60' long 102 C.Y. $350.00 $35,700.00 2. Wingwalls & Toewalls 10 C.Y. 350.00 3,500.00 3. Embankment 500 C.Y. 5.00 2,500.00 4. 6" Caliche Base 120 S.Y. 3.50 420.00 5. 112" HMAC 120 S.Y. 4.50 540.00 6. Prime Coat 18 Gal. 2.00 36.00 7. 6" Curb & Gutter 110 L.F. 6.50 715.00 8. 5' Tied Sidewalk 550 S.Y. 2.00 1,100.00 9. Guard Rail 120 L.F. 10.00 1,200.00 Subtotal $45,711.00 + 7.5% Engineering 3,428.33 TOTAL $49,139.33 CITY PARTICIPATION = (29-15)/29 x $49,139.33 = $23,722.44 DEVELOPER PARTICIPATION = 1/2 x 15/29 x $49,139.33 = $12,708.45 EXHIBIT "B" 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. Sebe reserve side for definitions. FIRM NAME p / 2-� S c !� L�YG� OB�/Y(C ��ll0/�/ /iv C./l« c.._ STREET. 0 i 0 S. SMPL CITY. C!` (S77 71p• 764/3 FIRM is: 1. Corporation ( .K) 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 jU CO" 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 1 hove 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 ocygr. Certifying Person. FR_` -'O i_/+S _! o () Title. �t� e 6G 2e� X7307 Signature of Certifying Person: Date. o,. 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." CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 12, 1983 I certify to the City Council that $ 23,722.44 , 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 Project No. No. 220 Street Bond Fund 220-77-89 Project Name Inverness Bridge from which it is proposed to be drawn, and such money is not appropriated for any other purpose. a,ffi FIN 2-55 Revised 7/31/69 �/ %i , 19,F3 Corpus Christi, Teas cgnd day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1983 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 `,- i_LL, David Berlanga, Sr. , Leo Guerrero Herbert L. Hawkins, Jr. 1 Dr. Charles W. Kennedy /f,__2 Joe McComb 4 Frank Mendez / Mary Pat Slavik 4 _ 17914