HomeMy WebLinkAbout18471 ORD - 09/18/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KING'S
CROSSING LAND VENTURE ASSOCIATES, PROVIDING FOR CITY
PARTICIPATION IN DEVELOPMENT OF A PORTION OF KING'S CROSSING
UNIT 1 FOR CERTAIN IMPROVEMENTS INCLUDING PARK PAVING ON ST.
DENIS STREET; APPROPRIATING $11,594.14; 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 King's Crossing Land Venture Associates, developer of King's
Crossing Unit 1 Subdivision, providing for the City's participation in
development of a portion of King's Crossing Unit 1 for certain improvements
including park paving on St. Denis Street which bounds the dedicated park, a
copy of which agreement is attached hereto and made a part hereof marked Exhibit
SECTION 2. That there is hereby appropriated $11,594.14 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 September, 1984.
ATTEST:
Cit Secretary
APPROVED:1 7- DAY 0 SEPTEMBER, 1984
J. BRUCE AYCO ;/PITY ATTORNEY
By
Asti tant City ttorney
PAELENE R. DODSON
ASSISTANT CITY ATTORNEY
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
1.471
AGREEMENT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus Christi,
Texas, hereinafter called "City", and King's Crossing Land Ventures Associates,
hereinafter called "Developer".
WHEREAS, the "Developer" in compliance with the "City's" Platting
Ordinance, Section IV, Subsection F., has dedicated a portion of King's
Crossing, Unit 1 for use as Parks and Playgrounds; and
NOW THEREFORE, the "City" and "Developer" agree as follows:
1. The "Developer" will construct certain improvements for and on
behalf of the "City" including pavement on St. Denis Street, which bound the
above described dedicated park. The improvements will be constructed in
accordance with the plans and specifications approved by the Department of
Engineering. This 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 Eleven Thousand Five Hundred and Ninety-four and 14/100 Dollars
($11,594.14). The actual reimbursement will be adjusted according to the actual
construction cost after completion of the work, but in no event shall 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 and forever save harmless the
"City", its officers, agents, and employees, for any and all lawsuits, claims,
damages, liabilities, losses, and expenses (including court costs, attorneys
fees, and expert witness fees) for or on account of any injury to any person, or
death at any time resulting from such injury, or damage to any property, which
may arise or which may be alleged to have arisen out of or in connection with
any activity by "Developer", its agents, employees, or independent contractors
pursuant to this agreement.
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 , 1984.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By:
City Secretary Edward A. Martin, City Manager
APPROVED:
DAY OF , 1984:
J. BRUCE AYCOCK, CITY ATTORNEY
By: By:
Assistant City Attorney James K. Lontos, P.E.
Assistant City Manager
ATTEST: KING'S CROSSING LAND VENTURES
AND ASSOCIATES: DEVELOPER
By:
THE STATE OF TEXAS §
COUNTY OF NUECES §
Henry Tucker, General Partner
This instrument was acknowledged before me on
1984 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas.
Notary Public, State of Texas
Nueces County
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
1984 by Henry Tucker, a General Partner, on behalf of King's Crossing Land
Ventures and Associates.
Notary Public, State of Texas
Nueces County
My Commission expires:
END C fx 1434
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..... Proposed 4'
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an
CONSTRUCTION COST ESTIMATE
PROJECT Kings Crossing Unit I
SHEET NO 1 OF 1
ITEM
DESCRIPTION
QUANTITY
QUANDITY_x
+
UNIT
Cosi UNIT
TOTAL
1.
Clearing and Grubbing
.23
.24
AC
125.00
30.00
2.
Excavation
250
263
CY
2.50
657.50
3.
6" Caliche Base
662
695
SY
3.45
2,397.75
4.
Prime Coat
662
695
SY
.50
347.50
5.
2" MAC
662
695
SY
4.70
3,266.50
6.
6" L -Curb
331
348
LF
5.75
2,001.00
7.
4' Sidewalk
1,324
1,390
SF
1.50
2,085.00
CONSTRUCTION TOTAL:
$10,785.25
+7.5% Engineering:
808.89
•
City Participation:
$11,594.14
I
Er/'/s /T '`.134.
TOTAL
PREPARED BY
PDV
CHECKED BY
DATE 8-15-84
JOBNO 20354.10
a.
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 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. Sea reserve side for definitions.
FIRM NAME• Corpus Christi Land Venture Associates
STREET.
•3041 Ho11u
FIRM is: 1. Corporation (
4. Association (
Clrs Corpus Christi 71p. Texas
2. Partnership (X ) 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)
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
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
I certify that all information provided is true and correct as of the date of this statement, that I hove 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: Henry Tucked �% Title. General Partner
Signature of Certifying Person
Date: 9-4-84
Xf//l3/f n�
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-
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."
Corpus Christi, ;' as
f p44` day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 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,
Council Members
Respectfully,
MAYOR
THE CITY 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
18471
CITY OF CORPUS CHRISTI, TOMS
cEmaracumN Or FUNDS
(City Charter Article IV Section 21)
September 12, 1984
I certify to the City Council that $ 11,594..14 , 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 No. 220 Street Bond Fund
Project No. 220-84-4
Project Name Ring's Crossing Unit 1 Park Paving
from which it is proposed to be drawn, and such money is rot appropriated for any
other purpose.
-FIN 2-55
Revised 7/31/69
4. if 714- 9 J1 g18
9-4R-4/
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