HomeMy WebLinkAbout18185 ORD - 04/18/1984TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER,
PROVIDING FOR CITY PARTICIPATION FOR PAVING IMPROVEMENTS ON
EVERHART ROAD AND YORKTOWN BOULEVARD COINCIDENTAL WITH THE
DEVELOPMENT OF THE LAKES UNIT 4 SUBDIVISION; APPROPRIATING ,
$73,353.41; 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 the City's participation for paving
improvements on Everhart Road and Yorktown Boulevard coincidental with the
development of the Lakes Unit 4 Subdivision, a copy of which agreement is
attached hereto and made a part hereof marked Exhibit "A".
SECTION 2. That there is hereby appropriated $73,353.41 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 18th day of April, 1984.
ATTEST:
Cl. Secretary MAYO
APPROVED:I7i(DAY OF APRIL, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
By �Assista y Attorney U V
R
E CITY
F CORPUS CHRISTI, TEXAS
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
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
coincidental with the development of The Lakes Unit 4 Subdivision.
WHEREAS, the Developer desires to dedicate and construct portions of
Everhart Road and Yorktown Boulevard contained within and adjacent to The
Lakes Unit 4 Subdivision as shown on Exhibit "A"; and
WHEREAS, the City recognizes an obligation for participation towards a
portion of the cost of the Everhart Road and Yorktown Boulevard street
improvements;
NOW, THEREFORE, the City and Developer agree as follows:
1. The Developer is obligated, as a requirement of the City Platting
Ordinance, to construct sidewalk, 6 -inch curb and gutter, 2 -inch hot mix, and
8 -inch caliche base on Everhart Road adjacent to The Lakes Unit 4 Subdivision
from the southwest corner of The Lakes Unit 1 to 1,220 feet south, as shown on
attached Exhibit "A".
2. The Developer will finance and construct, or cause to be constructed,
the ultimate width of Everhart Road adjacent to The Lakes Unit 4 Subdivision
including but not limited to 1 -inch Type D hot mix, 3 -inches Type B hot mix,
and 6 -inches of lime stabilized subgrade.
3. The City agrees to reimburse the Developer its share of the above
described construction costs plus 74% engineering as shown on the attached
Construction Cost Estimate marked Exhibit "B". For purposes of this
Agreement, the amount of City reimbursement to the Developer for Everhart Road
construction shall not exceed Fifty-two Thousand Seven Hundred Seventy-eight
and 68/100 Dollars ($52,778.68). 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 all subdivision
improvements.
4. The Developer is obligated, as a requirement of the Platting
Ordinance, to construct sidewalk plus 60 -foot of street width, including
6 -inch curb and gutter on each side, with 2 -inch hot mix and 8 -inch caliche
base on the section of Yorktown Boulevard contained within The Lakes Unit 4
Subdivision as shown on attached Exhibit "A".
Agreement
The Lakes Unit 4 Subdivision
Page 1 of 3
5. The Developer will finance and construct, or cause to be constructed,
two 37 -foot back-to-back streets with a 4 -foot wide median including but not
limited to 1 -inch Type D hot mix, 3 -inches Type B hot mix and 6 -inches of lime
stabilized subgrade.
6. The City agrees to reimburse the Developer its share of the above
described construction costs of Yorktown Boulevard plus 71/2% engineering as
shown on the attached Construction Cost Estimate marked Exhibit "C". For
purposes of this Agreement, the amount of City reimbursement shall not exceed
Twenty Thousand Five Hundred Seventy-four and 73/100 Dollars ($20,574.73).
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 all subdivision improvements.
7. The Developer 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 "D".
8. The Developer agrees to indemnify the City against any claims arising
as a result of this project.
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 , 19
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Edward A. Martin, City Manager
APPROVED:
day of , 19
J. BRUCE AYCOCK, CITY ATTORNEY
By:
Assistant City Attorney
APPROVED: DEVELOPER:
By:
James K. Lontos, P.E. Henry Tucker
Assistant City Manager
Agreement
The Lakes Unit 4 Subdivision
Page 2 of 3
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 19 ,
by Edward A. Martin as City Manager for the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 19 ,
by Henry Tucker as Developer.
Notary Public in and for the State of Texas
Agreement
The Lakes Unit 4 Subdivision
Page 3 of 3
L
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Imommt
IE URBAN
ENGINEERING
m nx.
OVORALL LAYOUT FOR
CONSTRUCTION COST
PROJECT Yorktown City Participation
ESTIMATE
SHEET NO 1 OF 1
Lakes Unit IV
ITEM
DESCRIPTION
QUANTITY
OUAN.TITY
+ 5
UNIT
UNIT
COST
TOTAL
A.
Yorktown (2 Lanes - 26 Ft. B -B)
1.
Clearing and Grubbing
.71
.75
AC
90.00
$ 67.50
2.
Excavation
708
743
CY
1.20
891.60
3.
8" Caliche Base
2,123
2,229
SY
4.30
9,584.70
4.
6" Lime Subgrade (5%)
2,123
2,229
SY
2.50
5,572.50
5.
3" Type "B" Hot Mix
1,893
1,988
SY
5.85
11,629.80
6.
1" Type "D" Hot Mix
1,893
1,988
SY
2.15
4,274.20
7.
Prime Coat
1,893
1,988
SY
.25
497.00
8.
6" L -Curb
416
437
LF
5.65
2,469.05
9.
6" S -Curb
419
440
LF
5.65
2,486.00
10.
4' Sidewalk
633
665-
SF
1.50
997.50
11.
Street Signs
1
1
EA
150.00
150.00
12.
Barricade
2
2
EA
150.00
300.00
TOTAL:
$38,919.85
B.
Yorktown (1 Lane - 60 Ft. B -B)
1.
Clearing and Grubbing
.71
.75
AC
90.00
67.50
2.
Excavation
574
603
CY
1.20
723.60
3.
8" Caliche Base
1,721
1,807
SY
4.30
7,770.I0
4.
6" Lime Subgrade (5%)
1,721
1,807
SY
.25
451.75
5.
2" Type "D" Hot Mix
1,607
1,687
SY
4.15
7,001.05
6.
6" L -Curb
416
437
LF
5.65
2,469.05
7.
4' Sidewalk
633
665
SF
1.50
997.50
8.
Street Signs
1
1
EA
150.00
150.00
9.
Barricade
1
1
EA
150.00
150.00
TOTAL:
$19,780.55
CITY PARTICIPATION = (A-8) t 7.5%
(A -B)
= ($38,919.85 - 19,780.55) t 7.5
(38,919.83
- 19,780.55)
CONSTRUCTION COST ESTIMATE
PROJECT Yorktown City Participation
Lakes Unit IV
SHEET NO 1 OF 1
TOTAL
PREPARED BY PDV
CHECKED BY
(fir UNMAN
owcenwo
DATE 3-27-84
JOB NO 19780.42
:TEM
DESCRIPTION
QUANTITY
QUANTITY
+ 5_,
UNIT
UNIT
COST
TOTAL
A.
Yorktown (2 Lanes - 26 Ft. B -B)
_
I.
Clearing and Grubbing
.71
.75
AC
90.00
2.
Excavation
708
743
CY
$ 67.50
3.
8" Caliche Base
2 123
2 229
SY
1.20
891.60
4.
6" Lime Sub.rade (50)
4.30
9 584.70
5.
3" T •e "B" Hot Mix
2 123
1 893
2 229
1 988
SY
SY
2.50
5 572.50
6.
1" T .e "D" Hot Mix
1,893
1,988
SY
5.85
2.15
11 629.80
4,274.20
7.
Prime Coat
1,893
1,988
SY
8.
6" L -Curb
416
437
LF
.25
5.65
497.00
9.
6" S -Curb
419
440
LF
5.65
2,469.05
2,486.00
10.
4' Sidewalk
633
665
®
0.00
11.
Street Sins
1
1
ER
150.00
997.50
1
:a ad-
2
2
1
150.00
150.00
300.00
TOTAL:
$38,919.85
B.
Yor town Lane - •0 Ft. 8-B
_
111111
1.
Clearing and Grubbing
.71
.75
'
90.00
2.
3.
Excavation
-
574
603
CY
1.20
67.50
8" Caliche Base
1,721
1,807
SY
4.30
723.60
7,45
4.
6" Lime Subgrade (5%)
1,721
1,807
SY
.75
5.
2" T .e "D" Hot Mix
1,607
1,687
®
.25
4.15
451.75
6.
7.
6" L -Curb
416
437
LF
5.65
7 001.05
2,469.05
4' Sidewalk
633
665
®
1.50
997.50
8.
Street Sins
1
1
150.00
9.
Barricade
1
1
EA
150.00
150.00
_
150.00
TOTAL:
=
$19,780.55
CITY PARTICIPATION = (.4-13) t 7
5% (A -B)
_
= ($38 919.85 - 19,780.55) + 7..
(38,919.85
- 19,780.5
_ $20,574.73
11111
11111
11111
11111
11111
11111
TOTAL
PREPARED BY PDV
CHECKED BY
(fir UNMAN
owcenwo
DATE 3-27-84
JOB NO 19780.42
PROJECT
CONSTRUCTION C
Everhart City Participation
Lakes Unit IV
TEM
DESCRIPTION QUANTITY
City reimburse cost of all asphalt
over 2" thick and for the lime
stab. subgrade
3" Type "B" Hot Mix $5.85 SY
1" Type "D" Hot Mix $2.15 SY
TOTAL: $8.00 SY
2" Type "D" Hot Mix 4.15 SY
CITY COST: $3.85 SY
6" Lime Subgrade (5%) 7,664
Asphalt Surface
DST ESTIMATE
SHEET NO 1
OF 1
QUANTITY
�
UNIT
UNIT
COST
TOTAL
8,047
SY
2.50
7,527
SY
$20,117.50
3.85
28,978.95
$49.096.45
3,682.23
$52,778.68
TOTAL
PREPARED BY
PDV
CHECKED BY
liEuwswNl
a„r��� 11
DATE 3-27-84
JOB NO 19780.42
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
10 provide the fallowing Information. Every question must be answered. If the question Is not applicable. answer with
"NA." Corporations whose shares are publicly traded and listed an 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- Henry Tucker
STREET: 3834 Apollo CITY, Corpus Christi, Texas lip: 78415
FIRM Is: 1. Corporation (
4. Association
2. Partnership ( ) 3. Sole Owner ( )
S. 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)
Nr�
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".
Nome Title
N Ifs
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 1 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: HentTy ucker Titl. General Partner
Signature of Certifying Person:
Exhibit "D"
Tyr. '60
Date- March 28, 1984
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 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 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. joint stock
company, joint venture, receivership or trust, and entities which for purposes of taxation are treated os
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.
-'I
e. "Ownership interest:1 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, TEXAS
CERTIFICATION OF FUA&3S
(City Charter Article IV Section 21)
April 10, 1984
I certify to the City Council that $ 73,353.41 . , 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
Project No.
No. 220 Street Bond Fund
220-77-78.2
Project Nene The Lakes Unit 4 Paving Improvements
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
„c"-- / , 1983e
FIN 2-55 .
Revised 7/31/69
Corpus Christi, Tex
/Q day of
, 198i
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 0 CORPUS CHRISTI, TEXAS
The above ordinance was passed y the following vote:
Luther Jones
Betty N. Turner /
David Berlanga, Sr. 1
Welder Brown /
Leo Guerrero /
Dr. Charles W. Kennedy ,
Joe McComb 1 ,
Frank Mendez 1
Mary Pat Slavik
/I , _
18185