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HomeMy WebLinkAbout18712 ORD - 02/26/1985'11.039,04 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SHAWN BODINE PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A BRIDGE IN AN EXISTING DRAINAGE RIGHT-OF-WAY AND DITCH ALONG THE NORTHWESTERN BOUNDARY OF THE CRESTMONT UNIT VII SUBDIVISION, APPROPRIATING $28,004.39, AND DECLARING AN EMERGENCY. BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to a ute a agreement with Shawn Bodine, developer of Crestmont Unit X Subdivisions, providing for the City's participation in the construction of a bridge in a existing drainage right-of-way and ditch along the northwestern boundary of the Crestmont Unit VII Subdivision, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated 128,004.39 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 esolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 26th day of February, 1985. ATTEST: bct ng CfCityty etBYy APPROVED 26 ADAM OF FEBRUARY, 1985 J. BRUCE AYCOCK, CITY ATTORNEY ByPssi stani Attorney 0 MAYOR THE CIT iF CORPUS CHRISTI, TEXAS 18712 AGREEMENT THE STATE OF TEXAS COUNTY OF (NIECES TH/S AGREEMENT is entered into between the City of Corpus ChriSti, Texas, hereinafter referred to as “City., and Shawn 'Bodine, hereinafter refer - WHEREAS, a portion of the Developer's land, Mown as Crestmont 10 is situated west of an existing 125 foot drainage right-of-way and ditch. and NNE... a requirement of the City Platting Ordinance obligates the Developer to construct a bridge across said 125 foot drainage right-of-way at the point where Persusmon Street intersects the drainage right-of-way as shown WHEREAS, the Developer is obligated to construct the bridge concurrently with the remaining subdivision construction improvements; and NOW, THEREFORE. for and in consideration of the mutual convenants herein exchanged to be kept and performed, the parties do hereby convenan, and agree as follows; 1. Developer agrees to finance and construct, or cause to be construct... said bridge at the location shown on Exhibit .1, 2 The City agrees to reimburse the Developer as its share of the above stated construction cost, plus 7,5 Engineering. the sum of Thirty -Three Thousand Two Hundred Thirty -Six and 90/100 Dollars 033,235.90), plus 712 002227001 7 SU, - division Developer particiPatiOn Previous,. r..eiR5d01 OIICIIO. 2204 a2000t 06203 the sum of Seventeen Thousand Eight Hundred Seventy -Three and 54/100 U17,073.54). for a total ressibursernent of Fifty -One Thousand One Hundred Ten and 44/100 (951,110.44), as shown in the cost breakdown 00 20180024 Exhibit Such reimbursement shall ne ...a. by the City ;Won receillt of v.rific.iio. of the actual construction cost submitted by the Developer upon completion and acceptance of the construction improvements. but in no case shall the reimbursement exceed the above stated amount. 3. The developer agrees to indemnify the City against any claims arising as a result of this Pr.3..t. 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 owner - shad, Interests from attached hereto and label,. Eihibit .C" 5. This Agreement shall be executed in duplicate, both of which shall be considered one instrument Ellen both of .e duplicates have been exeCUted by the City, and at least one duplicate has been executed by the Developer, this Agreement shall become effective a. shall be binding upon and shall inure to the benefit of the partieS and their respective heirs, SUccessors and assign. EXECUTED IN DUPLICATE originals this day of 19_ ATTEST THE CITY OF CORP. CHRIST/ City Secretary Edward A Martin, City Manager APPROVED day of , 19 DEVELOPER: T. BRUCE AYCOCK, CITY ATTORNEY BY BY Shawn Bodine APPROVED Tames 1( Lantos, P.E Assistant City Manager THE STATE CP TEXAS 1 COUNTY OF NIECES This instrument wee acknowledged before me on , 19 by Edward A. Martin, City Manager for the City of Corpus Chr... Texas Notary Public in and for NEeces County, Texas THE STATE OF TEXAS 1 COUNTY OF NUECES 1 This instrUMent wa. acknowledged before me on , 19 by Shawn Bodine, Owner and DeVeloper of CrestMOnt 10. N.ary Public in and fOr Nueces COUnty, Texas Agreement Crestaiont 10 Page 2 of 2 `r, CONSTRUCTION COST ESTIMATE PROJECT CRESTMONT UNIT 10 BRIDGE 59EET NO .CIF 1 ITEM ° '6',...r,05 O9A59,,, rIrT_T: U5a MT TOTAL 211 LP 5.85 1.75, 15 2 41 Roll 32 696 SF 535 / 65 171 20 1,151 70 6 2" Tan T4Pe . Ho. M.. 491 436 SF SY 1 45 4.32 711.95 1,892.16 6 7. 6" Compacted Caliche R.am. CO.. 438 438 SY SI 3.40 35 1,469 20 153.30 8 Bridge Structure (3-918 Boxes) 1 LS 61,000 00 61 00000 TOTAL CONSTRUCTION COST 7 5% Engineering '75 :29g.g: TOTAL 073 014 92 City pareac,.,,.. Ps -2,)/, . 19,0 9.98 29,205 96 Crestmont 7 Participation [(ZS -10)/200/2 x 73,0 4.92 21 904.46 Crestmont 10 Participation 1(25 -101,51/2 x 73,014 92 21 904 48 TOTAL REIMBURSEMENT 7U CRESTMONT 10 51 110 44 { ExHIBIT "3" PREPARED BY 6Ca CrECKE0 BY oAT, 1/31/85 jo3m. 21700 10 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS NA Corporations whose shares are publicly traded and listed on notional or regional stock exchanges or over the counter markets may file a current Securities and Exchange Commission Form 10 K wah the Ctly in lieu of answering the questions below gee reserve side for definitions ORM NAME "... STREET 3T., APO,. cffy Corpus Chsas” TeTas ytts 7841S 3 Sole Owner ( 3) DISCLOSURE QUESTIONS if additional spore is necessary please use Me reverse side of this page or attach seporote sheer 1 State nornes of each 'employee- of the Cily of Corpus Chest) )33g, ownershtp interest consMultng 3% or Job Tole and City Deportment Of koment NAA 2 State Me names of each offload of the City of Corpus Christi havtng an ownershm interest' constifeltng 3% or Name Title 11 /3) 3 Slate the names 3) 933) 0333) 333)033 3) 33 City of Corpus Christi 3339 3) 'ownership Interest constitutes° CER11FICATE I certify that all in/ ormallon prowded is true ond correct as of the dale of this statement Mat I have not knowingly C•tttfIrtag Persan Sh.VO Oadote otsr,„ Ognature ef Ceattfying 3,33 /))7/#) 3es rt CITY OP m.115 CMS., TEXAS CE VIFIaAT2Ci OF RIMS (City Charter Article IV Section 21) February 15, 1985 I certify to the City Council that $ 28,004.39 , the mount required for the maltreat, agteenent, obligation or expenditures conterplat l in the above and foregoing ordnance is in the Treasury of the City of Corpus Christi to the credit of: Fund 00. and Nate No 220 sheet Bond Fwd Pio3at FU. 220-77-81.1 Pro3ect Rare Ctestmont Unit VII BtidOe fon which 1t is proposed to be drawn, and such annoy is not appropriated for any other purpose. -2O,-ZC , 19$Z PIN 2-55 Revised 3/31/69 g 004 3-7 11,4 -•a/a6/a.i Corpus Christi, Texas *'day of1S8, TO THE MEIIBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reset forth rn the emergency clause of the foregoing ordinance or esolution.sa emergency exists requiring suspension of the Charter rule s to c nsrderatron and voting upon ordinances or solutions at three regular meetings, 1/we, therefore, request that you suspend surd Charter rule andpass aresolution councrlY on the date rt is rntrotluced, orathe present meeting ofthe Crty Respectfully, Respectfully, MAYO THE C • OF CORPUS CHRISTI, TEXAS The above ordinance uas passed by the following vote. Luther Jones Betty N Turner David Berlanga, Sr Welder Brown Leo Guerrero Or Charles W Kennedy Joe McComb Frank Mendez Mary Pat Slavrk 18712