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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 4. 4..111+45 08 132 .0 Tc •A.0 1 R 734 5��q1 c 27 Io Io 1G PRIVATE 44__ STA GIC - 10-fr o 4 STrZt• 51 - PUBLIC PARK 'C .„.2t' AVIGNcN='STREET- Ms 22 bar' W G, a' 2[A RR2 'FG Ibi71 e�aD • n_f(fltW yy_ TG -'no Proposed half street paving ..... Proposed 4' sidewalk IS YT bG T4.• 11.10773 e.S •j1 Viii 41 807 T< •n es Ia 57 54743+ Tc -IlW rco+.tc rc.w:< 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/ I j{ , 19 FSI