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HomeMy WebLinkAbout18068 ORD - 02/08/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CANDYSTICK CORPORATION, PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF SOUTH FORK UNIT 2 SUBDIVISION FOR PARK PAVING IMPROVEMENTS; APPROPRIATING $32,156.39; 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 Candystick Corporation providing for the City's participation in development of a portion of South Fork Unit 2 Subdivision for park paving improvements on Oso Parkway 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 $32,156.39 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 8th day of February, 1984. ATTEST: -/A City ecretary MAYfR THE CITY CORPUS CHRISTI, TEXAS APPROVED: DAY OF FEBRUARY, 1984 J Bruce Aycock, Ci tM Attorney VIICROMAD 18O8 AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Candystick Corporation, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of South Fork Unit 2 for use as Parks and Playgrounds; and NOW, THEREFORE, the "City" and the "Developer" agree as follows: 1. The "Developer" will construct certain improvement for and on behalf of the "City" including pavement on Oso Parkway 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 and Physical Development. This Agreement shall be null and void should the sub- division 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 Thirty -Two Thousand One Hundred Fifty -Six and 39/100 Dollars ($32,156.39). 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. 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". 5. The Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respec- tive heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, this the day of 1984. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary VED: DAY OF FEBRUARY, 1984: APPROVED: , City Attorney By Edward A. Martin, City Manager DEVELOPER: CANDYSTICK CORPORATION By Roger J. Seaman, Jr. By President James K. Lontos, P.E. Assistant City Manager ATTEST: Secretary THE STATE OF TEXAS G COUNTY OF NUECES This instrument was acknowledged before me on 1984 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public, State of Texas THE STATE OF TEXAS • 9 COUNTY OF NUECES This instrument was acknowledged before me on 1984 by Roger J. Seaman, Jr., President of Candystick Corporation. Notary Public, State of Texas Agreement - South Fork Unit 2 Page 2 of 2 GREENFIELDS BY THE BAY .UNIT 2 PARK \k—°09 — ° p )1) o Trod Alit ��r'RAINAGE R'O'w• ir It -r PROPOSED BRIDGE PROPOSED e SIDEWALK . PARK PARKWAY SOUTH FORK SUBDIVISION UNIT 2 1 SOUTH FORK UNIT 2 (REVISED) COST ESTIMATE* UNIT ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1. Clearing & Grubbing .53 AC 105.00 55.65 2. Excavation 1291 CY 1.58 2,039.78 3. 6" 'L' Curb 1160 LF 6.25 7,250.00 4. Concrete Sidewalk 105 SF 1.58 165.90 5. 2" Hot Mix • 2321 SY 4.79 11,117.59 6. 6" Compacted Caliche 2321 SY 3.63 8,425.23 7. Prime Coat 2321 SY 0.37 858.77 Subtotal $ 29,912.92 + 7.5% Engineering 2,243.47 TOTAL $ 32,156.39 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 notional 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: COUNTY CREEK CORPORATION STREET - 9450 South Padre Island Dr. CITY: Corpus Christi FIRM is: 1. Corporation ( X ) 4. Association ( ) 71P. 78418 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) NONE 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 NONE 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 NONE 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: Thomas Hum.hrey Signature of Certifying Person• r Title. V i ce-P res i dent e• 12-30-83 CITY OF CORPUS CHRISTI, TEXAS • CERTIFICATION OF FUNDS - (City Charter Article IV Section 21) January 30, 1984 I certify to the City Council that $ 32,156.39 , the amount required for "the contract, aOgaitient, obligation or expenditures'contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to'the " credit of: t ' Ekiri No. and Name ' No. 220 Street Bond Fund Project No. Project Name 220-77-85 South Fork Unit 2 Park Paving frun which it is proposed to be drawn, and such money is not appropriated for any other purpose. ' FIN 2-55 Revised 7/31/69 % , 19 Corpus Christi, Teas gilt day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1981 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, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N.. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe P1cComb Frank Mendez Mary Pat Slavik 1&ORR