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HomeMy WebLinkAbout18159 ORD - 04/04/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF WILLOWOOD UNIT 5 FOR PARK PAVING IMPROVEMENTS; APPROPRIATING $7,595.62; 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 the City's participation in development of a portion of Willowood Unit 5 for park paving improvements on Willowood Creek 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 $7,595.62 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 4th day of April, 1984. ATTEST: ty ecre 'ry APPROVED:' DAY OF APRIL, 1984 J. BRUC A COCK, CITY ATTORNEY s.'an ty ttorney MAYOR THE CITY 0 CHRISTI, TEXAS MICROFILMED 18159 CORPUS 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 Willowood Unit 5 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 Willowood Creek 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 prorate share of the above described construction cost plus engineering as is shown on the attached Construction Cost Esitmate, 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 Seven Thousand Five Hundred Ninety-five and 62/100 Dollars ($7,595.62). The actual reimbursement will be adjusted according the the actual construction cost after completion of the work, but.in no event shall it exceed the above stated amount. The "City" 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 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 respective heirs, successors and assigns from and after the date of execution. Agreement - Nueces Development Company Page 1 of 2 vnv 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 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 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 COUNTY OF NUECES X 19 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas This instrument was acknowledged before me on Notary Public in and for the State of Texas Agreement- Nueces Development Company Page 2 of 2 b ti w -- lasts jl .9378 AC. N "E B 53° Ts. -4/31 66,40T� 5920' 4 Tit 0 5 .gyp 4 n IN3'El .� • 9691 \ f I° 9'b y6' > 5A° �N '5421 61.00 67.8`4 5B5 14' S 5397 3 E DRIVE 100.00 . p • 1 O I0p2_ 50.00' 0 1 644 Ig \5 8153 • 9' d� os O M. .036 N 2314• Vt X194 W ;. •8 / NW m la 21 '° 1a) 8567' I f 20 1 Wel- 1 • 6'66 37 - ry,a''s 40 VS ce W • O 2 O 165. - I6.552 657 37.17'165 gol 173.88 80.00 I 1� 4^ 0� • 1 50.00 W N & vma� -- en Z — 1 © = O N 836ae3 W 1 IJten N 1 853710•1'15"W to 7 L.50.0s_ 100.00• I 13o�p Mm l 12 1jeVi 60.00 o 16 O n o r.: 80994 t N. M N N 53°19'35"W 1 3 30.71' $_ 23 h -i 3 `6 0 uR3•IT'51"�M b N m g 22 •? 21 N 86.94 S•Lti l FJ N 4598 31 W 114.93 b RED CREEK C RCLE a © N °I8' 1"W 114.93' n. 60.38 43'10 25 Bt. N kl 27 v 0 28 c o X100d a • 58.00_2 _6258.3 5435 29 01 -1 845°18.1 W 184.93 W m 32 31 - mu, 1 �gl N 45'18 Ekyiirr '4" z 0) ITEM WILLOWOOD UNIT V COST ESTIMATE UNIT j2UANTITY UNIT COST 1. Clearing and Grubbing .20 Ac. $250.00 2. Excavation 175 C.Y. 1.60 3. 6" Caliche Base 473 S.Y. 3.40 4. 2" H.M.A.C. 473 S.Y. 5.23 5. 6" Curb and Gutter 223 L.F. 6.10 6. Concrete Sidewalk 892 S.Y. 1.45 Subtotal +7$% Engineering TOTAL EXHIBIT "B" TOTAL $ 50.00 280.00 1,608.20 2,473.79 1,360.30 1,293.40 7,065.69 529.93 $7,595.62 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 Clty 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 Riese 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, TF, np: 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. Stride 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 A 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 N/A 8 3. State the names of each **board member" of the City of Corpus Christi having an "ownership interesr constituting 3% or more of the ownership In the above named "firm." Name Board. Commission, or Committee N/A CJ I_— CERTIFICATE t all.information ded withheld disclosure e o any information In requested s true and haat correct suppas a the lemental statements wilte of this l that I have to tnot he City of Corpus Christi, Texas as changes occur. Certifying Person: Dana A. Bennett Signature of Certifying Person: Tlt1e: President February 10, 1984 )LL - DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: ---o. "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 Carpus Christi, Texas either on a full or parttime basis. but not as an independent contractor. c. "Finn." Any entity operated for economic gain. whether profess%nal, industrial or commercial. and \ whether established to produce or deal with a product or service. including but not limited to. entitles 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 ore 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." QTY or Q7RPus mum, TEAS CERTIFICk1TIQ QF FUNDS (City Charter Article IV Section 21) March 26, 1984 I certify to the City Council that $ 7,595.62 , 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. 220-77-98 Project Name Willowood Unit 5 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, Tex 444 day of , 1984" 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, Council Members Respectfully, MAYO THE " Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed y the following vote: Luther Jones Betty N. Turner ���� David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez • Mary Pat Slavik 191.59