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Home My WebLink About17940 ORD - 11/23/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY PROVIDING FOR CITY PARTICIPATION IN THE DEVELOPMENT OF A PORTION OF COUNTRY ESTATES UNIT XI SUBDIVISION, FOR PARK PAVING IMPROVEMENTS ON SHELTON BOULEVARD AND PISTOLA AVENUE WHICH BOUND THE PARK AREA; APPROPRIATING $12,965.09; 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 Nueces Development Company providing for City participation in the development of a portion of Country Estates Unit XI Subdivision, for park paving improvements on Shelton Boulevard and Pistola Avenue which bound the park area, a substantial copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $12,965.09 from the No. 220 Street Bond Fund. 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 23rd day of November, 1983. ATTEST: APPROVED; DAY OF NOVEMBER, 1983 3 Brllce Aycock, City Attorney MAYOR 17940 ir Air OF CORPUS CHRISTI, TEXAS THE CI 'SEP 2 g 1984 MICRUFILiciLU 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 Ordin- ance, Section IV, Subsection F., has dedicated a portion of Country Estates Unit XI Subdivision 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 be- half of the "City" including pavement on Shelton Boulevard and Pistola Avenue which bound the above described dedicated park. The improvements will be con- structed in accordance with the plans and specifications approved by the Depart- ment 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 con- struction will be contracted for and financed by the "Developer". 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 Twelve Thousand Nine Hundred Sixty-five and 09/100 Dollars ($12, 965.09). 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. "Developer" further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the disclosure of Own- ership Interests form attached hereto and labeled "Exhibit C". 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. EXECUTED IN DUPLICATE, this the day of , 19_ ATTEST THE CITY OF CORPUS CHRISTI Bye City Secretary Edward A. Martin, City Manager APPROVED: day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY By DEVELOPER: NUECES DEVELOPMENT COMPANY Assistant City Attorney APPROVED: By James K. Lontos. P.E. Assistant City Manager STATE OF TEXAS X COUNTY OF NUECES X 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. STATE OF TEXAS X Notary Public in and for the State of Texas COUNTY OF NUECES X This instrument was acknowledged before me on 19 by Dana A. Bennett as President of Nueces Development Company. Notary Public in and for the State of Texas Agreement -Country Estates Unit XI Subdivision Nueces Development Company Page 2 \y�i'BL SNELTO N •rozs•w® OH 55. 15. zs e/ c Sigel.. TON W GENT PLAT OF COU4VTi?Y ESTATES UN(T X! ITEMQTY. UNIT DESCRIPTION UNIT PRICE TOTAL 1. 381 LF 6" Curb & Gutter $ 6.35 $ 2,419.35 2. 1,536 SF 4' Sidewalk 1.45 2,227.20 3. 26 LF 5' Valley Gutter 13.00 338.00 4. 211 CY Excavation 1.40 295.40 5. 0.26 AC Clearing & Grubbing 250.00 65.00 6. 824 SY 2" HMAC 4.75 3,914.00 7. 824 SY 6" Caliche Base 3.40 2,801.60 Total 12,060.55 7.5% Engineering 904.54 TOTAL PARK REIMBURSEMENT $ 12,965.09 "EXHIBIT B" ts `1 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 201CITY• Carpus 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 changes occur. Certifying Person: Dana A. BeiYriett Title. President Sionature of Cnrtifvinn Person• '1/ - � f - n,..,,. 110 / n 7 / R 1 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 den, with a aroduct 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, Taus CERTIFICATION OF FUNS • . _ (City Charter Article IV Section 21) November 10, 1983 I'certify to the City Council that $ 12,965.09 ' , 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. Project Name 220-77-95 Country Estates Unit XI Park Paving from which it is proposed to be drawn, and such money is not appropriated for any other purpose. - FIN 2-55 Revised 7/31/69 Corpus Christi, Texas ;40j0/day of , 198A 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 CITY The above ordinance was passed Luther Jones � _— Betty Betty N. Turner David Berlanga, Sr. / _ Leo Guerrero _ „ _ Herbert L. Hawkins, Jr. df Dr. Charles W. Kennedy / Joe McComb / Frank Mendez Mary Pat Slavik CORPUS CHRISTI, TEXAS the following vote: 140