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Home My WebLink About18434 ORD - 08/28/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JAMES R. EWING AND E. H. MOORE, PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF WEBER'S GLEN SUBDIVISION FOR PARK PAVING IMPROVEMENTS ON SUN VALLEY DRIVE AND CEDAR PASS DRIVE; APPROPRIATING $16,182.19; 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 James R. Ewing and E. H. Moore, developers of Weber's Glen Subdivision providing for City participation in development of a portion of Weber's Glen Subdivision for park paving improvements on Sun Valley Drive and Cedar Pass Drive which bound the park area, all as set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $16,182.19 out of 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 execution of the abovementioned agreement, 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 28th day of August, 1984. ATTEST: Cit 441:b y �� MAYOR APPROVED: 2.7#(DAY OF AUGUST, 1984 J. BRUCE AYCOCK, CITY ATTORNEY 18434 THE CIT F CORPUS CHRISTI, TEXAS SEP 2 81984 MICROFILMED 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 James R. Ewing and E. H. Moore, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Weber's Glenn (formerly Breckenridge Unit 6) 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 Sun Valley Drive and Cedar Pass Drive (County Road No. 26) which bound the above described park. The improvements will be constructed in accordance with the plans and specifications approved by the Department of Engineering. The 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 prorata share of the above described construction cost plus engineering as is shown on the attached Construction Cost Estimate, 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 Sixteen Thousand One Hundred Eighty-two and 19/100 Dollars ($16,182.19). Tne 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" 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 Ownership 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. EXECUTED IN DUPLICATE, this the day of 19 Agreement Page 1 of 2 CITY OF CORPUS CHRISTI, TSS CERTIFICATIct OF FUNDS (City Charter Article IV Section 21) August 20, 1984 I certify to the City Council that $ 16,182.19 , 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 220-84-3 Project Name Weber's Glen Park Paving frim which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55" Revised 7/31/69 ,19e,< Director o inance ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 19 Assistant City Attorney APPROVED: By Edward A. Martin, City Manager DEVELOPERS: By: James R. Ewing By: By: James K. Lontos, P.E. E.H. Moore Assistant City Manager STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on 19 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 19 by James R. Ewing. STATE OF TEXAS X COUNTY OF NUECES X Notary Public in and for the State of Texas This instrument was acknowledged before me on 19 by E.H. Moore. Agreement Page 2 of 2 Notary Public in and for the State of Texas !w a 0 .r, I I' 14 0 -m• 0, v' 41 'v4 S 4 • or 602'— c4- 6606 6'1 621 Iu ;gcv'1 II g 12 I6.6' F —Gl�eny' —x11 d 4,104o 4s334 �rJ I it a 'tea 42 15j 21 /j ., tt 0100' hI 4 1 300- --_ELM' _.4040,40 �?R�✓�- t —// m /1 —1/ d C. Vet 00 4 *90201 26 eiaop 60 eV LA �� Sew' t 330 4 5G 36 _/ �/ r _ 3 jY 470 sw toe G 0 I �a I2 N$ 13010 2 -os 0,2' g - F o2.5•t'2 •13 ¢a' 55 a0 • N G0a7' -r oal 1.11 _a �1 1 oa° 1- —000b' 80a7' -1x ,f3.2 r1SDy 1.0 FOR RE OFW r f C>•^i� 1 , .7 (1,!.7_3'<. COUNT\ COJ'RT, Ir�-�� COUNTY, TEXAS. il • A 40op' � 1 z> .I k: 2LVE Zel 2' X46 g r ato IN re. -fJ✓Q7'- - -r5'J.0. T6 /j 447 M .4, /600 tk ul i\s 3 sy73 74. r 3, iklk i17 pr2 jo aF 9r ecrh L ---------�- ` 1 1.x 20' lY•"_!r"r` ...,.w X208 �J,, -- - _ �7 ¢oArl rJo. a6, I' I 1. 0/ 0 UN Q= 11 °*I011 t2: 2v I -�� T=q1 3ti ■. ■ ■ ■k • ■,• ■ 1.1 ■ I Ivo CII?AI1�IG ycaLE I� pee -r �X ii i -r ►A 14. m GEOAR P/9' [AWE fad EXh�/13iT "8" TOTAL PREPARED BY CHECKED BY C.U. S.E. fir UNMAN DATE 8-8-84 JOB NO 16333.60 REIMBURSEMENT PROJECT Breckenridge Unit 6 REQUEST SHEET NO 1 OF 1 FINAL ITEM DESCRIPTION QUANTITY QUANTITY + __� UNIT UNIT COST TOTAL Park Participation: 1. Clearing & Grubbing , 0.33 AC 130.00 42.90 2. Excavation 650 CY 1.40 910.00 3. 6" Compacted Caliche 1,020 SY 3.40 3,468.00 4. Prime Coat 1,020 SY 0.30 306.00 5. 2" Asphaltic Concrete 1,020 SY 4.45 4,539.00 6. 6" L Curb 487 LF 5.90 2,873.30 7. 4' Sidewalk 1,880 SF 1.55 2,914.00 SUB -TOTAL: $15.053.20 7-1/2% Engineering 1,128.99 TOTAL: $16,182.19 EXh�/13iT "8" TOTAL PREPARED BY CHECKED BY C.U. S.E. fir UNMAN DATE 8-8-84 JOB NO 16333.60 CITY OF CORPUS CHRISTI L %% tt DISCLOSURE OF INTERESTS 5X 11 1FStT 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 on national 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• -377^, FF/. // iCssf STREET. 7 e33 Apo .LE -0 CITY: C o/ - u-5 I firms•ii FIRM is: 1. Corporotion 4. Associotion ( ) ZIP• 5 2. Partnership ( - 3. Sole Owner ( ) 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) 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 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." Nome Board, Commission, or Committee CERTIFICATE I certify that all informotion provided is true and correct as of the date 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 es changes occur. �Q`��/ Certifying Person: _�' •/<,-....., -.) 7 /! Tf " Tile .�r��.ril�L1L / Sonat rof on = c_2 '-'7 7 y u e Certdving Person �--. Date: 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 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 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- e Ing when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control estoblished through voting trusts, proxies, or special terms of venture or partnership agreements," Corpus Christi, Texas ay of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas GSA 198 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 400 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 18434