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Home My WebLink About18161 ORD - 04/04/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, PROVIDING FOR CITY REIMBURSEMENT OF 50 PERCENT OF THE COST OF DRAINAGE CHANNEL IMPROVEMENT WORK IN WILLOWOOD UNIT 5 SUBDIVISION; APPROPRIATING $21,838.00; 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 the City's reimbursement to the developer of 50 percent of the cost of drainage channel improvement work in Willowood Unit 5 Subdivision, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $21,838 from the No. 295 Storm Sewer 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: APPROVED:1/41`DAY OF APRIL, 1984 J. BRUCE AYCOCK, CITY ATTORNEY By As stant C ty ttorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS SEP 2 81984 rhwm 1StFi AGREEMENT THE STATE OF TEXAS 5 COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and Nueces Development Company, hereinafter called "Developer", and pertains to costs for drainage improvements to an existing channel through County property in conjunction with the development of Willowood Unit 5 Subdivision. WHEREAS, the Developer desires to drain stormwater runoff from Willowood Subdivision to the existing drainage channel on County property as shown on Exhibit "A"; and WHEREAS, the existing drainage channel has suffered erosion problems and an existing sanitary sewer line adjacent to the channel has been washed out on occasions as a result of the channel erosion; and NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer agrees to finance and construct, or cause to be constructed, improvements to said drainage channel including retard structures and channel regrading for the purpose of correcting past erosion and preventing future erosion. 2. The City agrees to reimburse the Developer for its share of the construction cost of the channel improvements described above and as shown on Exhibit "A", and as described on the attached Construction Cost Estimate marked Exhibit "E". For purposes of this Agreement, the amount of City reimbursement to the Developer shall not exceed Twenty-one Thousand Eight Hundred Thirty-eight and no/100 Dollars ($21,838.00). The actual reimburse- ment will be adjusted according to the actual construction cost after completion of the work, but in no event shall it exceed the above stated amount. The City's reimbursement to the Developer will be made after completion and acceptance of the improvements, and after final construction cost verification is submitted by the Developer. 3. The Developer agrees, in compliance with City Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto and labeled Exhibit "C". 4. The Developer agrees to indemnify the City against any claims arising as a result of this project. 5. This Agreement shall be executed in duplicate, both of which shall be considered one instrument. When both of the duplicates have been executed by the City, and at least one duplicate has been executed by the Developer, this Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Agreement - Drainage Improvement Page 1 of 2 EXECUTED IN DUPLICATE ORIGINALS this day of , 1984. ATTEST: CITY OF CORPUS CHRISTI By City Secretary APPROVED: day of , 1984. J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Edward A. Martin, City Manager APPROVED: DEVELOPER: By By James K. Lantos, P.E. Dana Bennett, President Assistant City Manager Nueces Development Company STATE OF TEXAS COUNTY OF NUECES X X This instrument was acknowledged before me on , 1984 by EDWARD A. MARTIN as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on by DANA BENNETT, President of Nueces Development Company. Agreement - Drainage Improvement Page 2 of 2 , 1984 Notary Public in and for the State of Texas #411/4p4A4v 55,53 420 el as Es WdODLA CRE Su(3D ISI • Ntko � imitt4t 4as J 422 O r -,1 4:$ sr, • E A F.-6 N7 1 AO 61 52 451 4 7 411 • "/4Cat _ oI* �� I 26 I I 1 *A to 13 12,�F� ITEM DESCRIPTION CONSTRUCTION COST ESTIMATE WILLOWOOD UNIT 5 OFFSITE DRAINAGE UNIT QUANTITY UNIT COST TOTAL 1. Clearing and Grubbing 3.8 Ac. $ 600.00 $ 2,280.00 2. Onsite Earthwork 7,782 C.Y. 1.25 9,727.50 3. Adjust Manhole 3 Ea. 600.00 1,800.00 4. Retard Structure 4 Ea. 3,795.00 15,180.00 5. Erosion Control (Seeding, etc.) 1 L.S. 8,000.00 8,000.00 6. Hauled -In Earth Fill 4,459 C.Y. 1.50 6,688.50 TOTAL: $43,676.00 City participation is 1/2 of the construction cost = $21,838.00 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 an national or regional stock exchanges or over-the- counter markets may filar current Securities and Exchange Commission Form 1O -K with the Clty In Ileu of answering the questions below. See reserve side for definitions. FIRM NAME: NUECES DEVELOPMENT COMPANY STREET- 5934 S. STAPLES, SUITE 201 my. CORPUS CHRISTI. TF AN 78413 FIRM is: 1. Corporation ( X ) 2. Partnership ( ) 3. Sole Owner ( ) 1. 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) D*. 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 a 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 1 certify thot all Information provided is true and correct as of the date of this statement, thot I have not knowingly withheld disclosure of any information requested; and that supplemental statemenh will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dana A. Bennett /./,J Title, President .Slanaturo of Cortifvirn P"r,nm . Fehrnary i r) 1q84 DEFINITIONS The following definitions of terms should be used In answering the questions set forth below: a. "Hoard 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 cammerdal. 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, loint 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, TES CF.RLIFIC2.TICN OF FONDS (City Charter Article 1V Section 21) March 26, 1984 I certify to the City Council that $21,838.00 , the amount required for the contract, agreem�-nt, 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 295 Storm Sewer Bond Fund Project No. 295-77-22 Project Nate Willowood Unit 5 Drainage Improvements fr+oin which it is Proposed to be drawn, and such money is not appropriated for any other purpose. crq -89/ FIN 2-55 Revised 7/31/69 19 frii Corpus Christi, Tex ay 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 CI 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 181.F1