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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 i 1 ``..-71 ce" 1-- a.scJ 1 11777, bru m -r (i� L J LIJ LLJ I !mmTT 1 T\/717 TIM -TM 1T 17i1 r71.TP ?` ' 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