HomeMy WebLinkAbout18037 ORD - 01/18/1984TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER
PROVIDING FOR CITY PARTICIPATION IN CONSTRUCTION OF CIMMARON
BOULEVARD CONCURRENTLY WITH THE DEVELOPMENT OF BENT TREE
UNIT 2 AND WOOLDRIDGE CREEK UNIT 2 SUBDIVISIONS; AUTHORIZING
CONSTRUCTION OF CIMMARON BRIDGE OBLIGATED BY PREVIOUS
ORDINANCE NO. 17522; APPROPRIATING $98,496.79; 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 Henry Tucker providing for City participation in construction of
Cimmaron Boulevard concurrently with the development of Bent Tree Unit 2 and
Wooldridge Creek Unit 2 Subdivisions, a copy of which agreement is attached
hereto and made a part hereof marked Exhibit A.
SECTION 2. That there is hereby authorized the construction of
Cimmaron bridge obligated by previous Ordinance No. 17522 connecting Wooldridge
Creek Unit 2 and Bent Tree Unit 2 Subdivisions.
SECTION 3. That there is hereby appropriated $4,154.49 from the
No. 220 Street Bond Fund for the proposed 10 foot wide turning lane at
Wooldridge Road and there is hereby appropriated $94,342.30 out of the No. 220
Street Bond Fund for paving required on Cimmaron Boulevard through Bent Tree
Unit 2 in excess of the minimum requirements of the Platting Ordinance.
SECTION 4. 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 18th day of January, 1984.
ATTEST:
e
41
Cit creta`ry
APPROVED:/7 DAY OF JANUARY, 1984
'
�I ✓
B2rr uce Aycock City Attorney
MAYOR
THE CIT F CORPUS CHRISTI, TEXAS
i13WlI inunlIN
SEP 2 81984
18037
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 Henry Tucker, hereinafter called
"Developer", and pertains to the City's share of the costs for paving
improvements on Cimmaron Boulevard coinsidental with the development of
Bent Tree Unit 2 and Wooldridge Creek Unit 2 Subdivisions.
WHEREAS, the Developer has entered into a previous Agreement with the
City for construction of Cimmaron Boulevard in conjunction with Wooldridge
Creek Unit 2 Subdivision, said Agreement authorized by Ordinance 14819 and
dated March 12, 1979; and
WHEREAS, the City has requested the Developer to add a 10 foot turning
lane at the intersection of Cimmaron Boulevard and Wooldridge Road, as shown
on attached Exhibit "A"; and
WHEREAS, the Developer desires to dedicate and construct the remainder
of Cimmaron Boulevard between Wooldridge Creek Unit 2 and Saratoga Boulevard
in conjunction with the Development of Bent Tree Unit 2, as shown on attached
Exhibit "A"; and
WHEREAS, the City recognizes an obligation towards a portion of the
}
cost of the 10 foot turning lane in Wooldridge Creek Unit 2, and the
additional pavement section requested by the City on Cimmaron Boulevard
through Bent Tree Unit 2; and
WHEREAS, the City is obligated by previous Ordinance No. 17522 to pay
for the cost of the Cimmaron bridge which is required to connect Wooldridge
Creek Unit 2 and Bent Tree Unit 2 Subdivisions, as shown on attached Exhibit "A";
NOW, THEREFORE, the City and Developer agree as follows:
1. The Developer will finance and construct, or cause to be constructed,
the 10 foot wide turning lane on Cimmaron Boulevard at Wooldridge as shown on
Exhibit "A".
2. The City will reimburse the Developer the construction cost plus
71% engineering for the additional turning lane pavement width as shown on
attached Exhibit "B", Item I. For purposes of this Agreement, the amount of
City reimbursement to the Developer shall not exceed Four Thousand One Hundred
Fifty-four and 49/100 Dollars ($4,154.4'9). 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 the improvements.
3. The Developer will finance and construct, or cause to be constructed,
the street improvements on Cimmaron Boulevard in conjunction with Bent Tree
Unit 2, as shown on Exhibit "A", with 6 inch of lime stabilized subgrade, 9
inches of lime stabilized caliche base and 5 inches of hot -mix asphaltic
concrete surface in lieu of 8 inch caliche base and 2 inch hot -mix as the
minimum requirement of the City Platting Ordinance.
4. The City will reimburse the Developer the construction cost plus
7I% engineering for the additional paving section required on Cimmaron
Boulevard through Bent Tree Unit 2 in excess of the minimum requirements of
the Platting Ordinance, as shown on Exhibit "B", Item II. For purposes of
this Agreement, the amount of City reimbursement to the Developer shall not
exceed Ninety Four Thousand Three Hundred Forty-two and 30/100 Dollars
($94,342.30). 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 the improvements.
5. The Developer will finance and construct, or cause to be constructed,
the Cimmaron box culvert bridge structure at the existing drainage channel "
between Wooldridge Creek Unit 2 and Bent Tree Unit 2 Subdivisions.
6. The City will reimburse the Developer the construction cost plus
712% engineering for the bridge structure required in item 5 above as shown
on attached Exhibit "B", Item III. For purposes of this Agreement, the
amount of City reimbursement to the Developer shall not exceed Fifty Three
Thousand Seven Hundred Fifty and no/100 Dollars ($53,750.00). The actual
reimbursement will be adjusted according to the actual construction cost.affter
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 the improvements. For informational purposes, Thirty Thousand
Eight Hundred and no/100 Dollars ($30,800.00) of the money for reimbursement
towards, the bridge structure was previously paid to the City by various
developers utilizing the existing drainage channel in accordance with the above
mentioned Ordinance 17522.
Agreement -
Page 2 of 3
7. The Developer agrees to indemnify the City against any claims arising
as a result of this project.
8. The Developer agrees, in compliance with City of Corpus Christi
Ordinance 17112, to complete as part of this Agreement the Disclosure of
Ownership Interests form attached hereto and labeled Exhibit "C".
9. 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
1984.
ATTEST: THE CITY OF CORPUS CHRISTI
By
City Secretary
APPROVED:
day of
, 19
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
APPROVED:
By
Edward A. Martin, City Manager
DEVELOPER:
By
James K. Lontos, P.E. Henry Tucker
Assistant City Manager
STATE OF TEXAS X
COUNTY OF 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 Henry Tucker, Developer.
Notary Public in and for the State of Texas
Agreement -
Page 3 of 3
WOOLD12.10C4S 120Al2
PROPOSED BOX CULVERT BRIDGE STRUCTURE
PROPOSED 10 FOOT WIDE
TURNING LANE
7.- EXISTING HO' DRAINAGE R.O.W
t‘.
To B.C.
„N
SAQATO&A i3ocii-EVARt7
EXI-I/�/7 1,4"
I. WOOLDRIDGE CREEK UNIT 2- CIMMARON BLVD. 10' TURNING LANE
UNIT
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL
1. 6" Lime Subgrade 208 S.Y. $ 1.80 $ 374.40
2. 9" Lime Stabilized Caliche 208 S.Y. 5.50 1,144.00
3. 3" Type "B" + 2" Type "D" Hot Mix 208 S.Y. 11.28 2,346.24
Subtotal 3,864.64
71$ Engineering 289.85
TOTAL $4,154.49
II. BENT TREE UNIT 2- CIMMARON BOULEVARD
A. City required pavement section:
UNIT
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL
1. 6" Lime Subgrade 9,419 S.Y. $ 1.80 $ 16,954.20
2. 9" Lime Stabilized Caliche 9,419 S.Y. 5.50 51,804.50
3. 3" Type "B" + 2" Type "D" Hot Mix 8,598 S.Y. 11.28 96,985.44
Subtotal A 165,744.14
B. Platting Ordinance minimum requirements:
UNIT
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL
1. 8" Caliche Base 8,598 S.Y. $ 4.56 $ 39,206.88
2. 2" Type "D" Hot Mix 8,598 S.Y. 4.51 38,776.98
Subtotal B 77,983.86
City Share ( A -B ) + 71% engineering = $94,342.30
III. CIMMARON BRIDGE
Construction Cost (one lump sum) $ 50,000.00
71% Engineering $ 3,750.00
TOTAL 53,750.00
EXHIBIT "B"
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as emended. 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 ar 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: Mr. Henry Tucker
STREET. 3834 Apollo carr. Corpus Christi, Texas lip. 78415
FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner (Y )
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 2: or
more of the ownership in the above named "firm."
Nome Job Title and City Department (if known)
N/A
2. State the names of each "official' of the City of Carpus Christi having an "ownership interest" constituting 3/ or
more of the ownership in the above named "firm'.
Name Title
y/A
3. State the names cf 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.
HENRY TUCKER
Person: -
Signature of Certifying Person:
Title:
Date: 5/ 7/P3
OWNER
CITY OF CORPUS CHRISTI, TES
CERTIFICATICN OF ELMS
(City Charter Article IV Section 21)
January 12, 1984
I certify to the City Council that $ 94,342.30 , the amount required for
the eontract,'agreement,-obligation or expenditures rontemplated 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.+ 220-77-75
Project Name Cimmaron Bridge - Wooldridge Creek
from which it is proposed to be drawn, and such money is rot appropriated for"any
other purpose. .
N
FIN 2-55
Revised 7/31/69
CITY OF CORPUS CHRISTI,,TFXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
•
January 11, 1984
• I certify to the City'Council that $ 4,154.49 , the amount required for
the contract, agreement, obligation or expenditures contemplated in the above
"'a 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. 220-72-68
Project Name` - Wooldridge Unit 2
fr•n which it is proposed to be drawn, and such money is not appropriated for any
FIN 2-55
Revised 7/31/69
Corps Christi, T
A day of
, 198
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 OF CORPUS CHRISTI, TEXAS
The above ordinance was passed
Luther Jones O,
Betty N. Turner /,
David Berlanga, Sr. /
Leo Guerrero ,
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
the following vote:
18037