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HomeMy WebLinkAbout18186 ORD - 04/18/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF BUILDER, INC., PROVIDING FOR CONSTRUCTION OF A BRIDGE RIGHT-OF-WAY AND CHANNEL ALONG WINDSONG UNIT 1 SUBDIVISION; DECLARING AN EMERGENCY. AN AGREEMENT WITH AL HOGAN CITY PARTICIPATION IN THE IN AN EXISTING DRAINAGE THE NORTHERN BOUNDARY OF THE APPROPRIATING $19,500; AND 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 Al Hogan Builder, Inc., providing for the City's participation in the construction of a bridge in an existing drainage right-of-way and channel along the northern boundary of the Windsong Unit 1 Subdivision, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $19,500 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: 4� Ci Secreta y MAYOR THE CIT OF CORPUS CHRISTI, TEXAS APPROVED: I DAY OF APRIL, 1984 J. BRUCE AYCK, CITY ATTORNEY By C Assista I ICROFINE.a. SEp 8 1984 18186 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City", and Al Hogan Builder, Inc., hereinafter referred to as "Developer". WHEREAS, the Developer owns a 58.8 acre tract to be known as Windsong Subdivision and, in compliance with the City Platting Ordinance, proposes to plat a 26.47 acre portion of said tract of land to be known as Windsong Unit 1; and WHEREAS, a portion of the Developer's land described above is situated adjacent to a 120 -foot drainage right-of-way and channel along the northern boundary of Windsong Unit 1 Subdivision; and WHEREAS, the Developer also owns land to the north of said drainage right-of-way to be known as future Windsong Units; and WHEREAS, a requirement of the Platting Ordinance obligates the Developer to construct a bridge across said 120 -foot drainage right-of-way and channel as shown by Exhibit "A"; and WHEREAS, it is the desire of the Developer to incur this obligation by depositing their share of the bridge construction and engineering costs into the "Windsong Bridge Project Account" prior to the time that the Windsong Unit 1 plat is filed for record; and NOW, THEREFORE, for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby covenant, and agree as follows: 1. The Developer will deposit Fourteen Thousand Five Hundred and no/100 Dollars ($14,500.00) into the "Windsong Bridge Project Account" prior to' the time the Windsong Un41- .1 zplat is 7 ed for cosd.. Sad amannt :is tha estimated Developer's share for the portion of the bridge on the south side of the drainage way only, and shall be adjusted according to actual construction costs at the time of construction. 2. The City will deposit Nineteen Thousand Five Hundred and no/100 Dollars ($19,500.00) into the "Windsong Bridge Project Account" at the time that this Agreement is signed. Said amount is the estimated total City's share for participation in the Windsong Bridge based on the current requirements of the Platting Ordinance. City's share may be adjusted according to the actual construction cost at the time of construction. Al Hogan Builder, Inc. - Agreement Windsong Unit 1 Subdivision Page 1 of 3 3. The Developer will construct, or cause to be constructed, said bridge at the location shown on attached Exhibit "A" at the time that the Developer's property adjacent to the northern boundary line of said 120 -foot drainage right-of-way and the proposed bridge location is platted and development commenced thereon. At the time of such bridge construction, the estimated participation costs listed above will be adjusted according to the actual construction cost. In addition, the Developer shall pay his share of the construction costs on the northern portion of the drainage right-of-way adjacent to the future Windsong Units in accordance with the Platting Ordinance. 4. 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 "B". 5. The Developer agrees to indemnify the City against any claims arising as a result of this project. 6. 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 hereto and their respective heirs, successors, and assigns, and shall constitute a covenant running with the land, and such instrument shall be filed for record forthwith. EXECUTED IN DUPLICATE originals this day of , 1984. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: day of , 1984 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney APPROVED: - DEVELOPER: By: James K. Lontos, P.E. Assistant City Manager Al Hogan Builder, Inc. - Agreement Windsong Unit 1 Subdivision Page 2 of 3 Richard A. Mildner Executive Vice President Al Hogan Builder, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 1984, 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 , 1984, by Richard A. Mildner as Executive Vice President of Al Hogan Builder, Inc. Notary Public in and for the State of Texas Al Hogan Builder, Inc. - Agreement Windsong Unit 1 Subdivision Page 3 of 3 In N L -.70.12'f_i y(13 -561 N � _fir As r -a 'B- -e.. 655 "Thas40 ©6.41' w I.,,_fOIIE 0912 Jao_cBSz 14 'c q1 x3• Im i 32' -7104'---- 3462T`6-000• `210;'}1320-000�0�--a--,r �11.----r -- - f.8 8 '- �_ obi •0- ti �- ° S - 1113- -a, - - L.,11- •g- -@•13. 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Every question must be answered. If the question Is not applicable, answer with "NA." Corporations whose shares ore publicly traded and listed on notional or regional stock exchanges or over.the. counter markets may file o 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: Windsong STREET: CITY• CORPUS CHRISTI ZIP: 78411 FIRM Is: 1. Corporation ( ) 2. PartnersOwner ( ) 4. Association ( ) 3. Other ( Xhip )( ) A Joint Venture 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 "employe*" 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) N/A 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 NIR 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 CERTIFICATE I certify that all information provided is true and correct as of the dote 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 change ccur. Certifying Person: / Richer M. er Title. Managinins Partner //t Signature of Certifying Person: _' r'1^'! Yl D.4;(/g 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 a full or parttime basis, but not as an independent controctor. 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 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, TEAS CERUFICATION OF FUNDS (City Charter Article IV Section 21) April 18, 1984 I certify to the City Council that $ 19,500.00 , 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 220-77-100 Project Nene Windsong Bridge from which it is proposed to be drawn, and such Honey is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 acuj-e, /a , 19J C3„,L)i &edr_e.44-) Direc••r o%Finance � e� Corpus Christi, Texas /J4 day of , 198ij 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 18186