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Home My WebLink About18957 ORD - 08/06/1985TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AGREEMENTS WITH WINDSONG, A JOINT VENTURE, PROVIDING FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR A BRIDGE ACROSS A 120 FOOT WIDE DRAINAGE RIGHT-OF-WAY LOCATED BETWEEN WINDSONG UNIT 1 AND WINDSONG UNIT 2 SUBDIVISIONS AND FOR THE CITY'S SHARE OF COSTS FOR PAVING IMPROVEMENTS ON MEADOWBREEZE PARKWAY AND COTTON CLUB DRIVE WHICH BOUND THE DESIGNATED PARK IN WINDSONG UNIT 2 SUBDIVISION; APPROPRIATING OUT OF THE STREET BOND FUND $43,411.09 OF WHICH $19,879.93 IS APPLICABLE TO PROJECT NO. 220-77-100, WINDSONG BRIDGE AND $23,531.16 IS APPLICABLE TO PROJECT NO. 220-85-5.1, WINDSONG UNIT 2 PARK PAVING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute agreements with Windsong, a Joint Venture, providing for the City's share of construction costs for a bridge across a 120 foot wide drainage right-of-way located between Windsong Unit 1 and Windsong Unit 2 Subdivisions and for the City's share of costs for paving improvements on Meadowbreeze Parkway and Cotton Club Drive which bound the designated park in Windsong Unit 2 Subdivision, all as more fully set forth in the agreements, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $43,411.09 of which $19,879.93 is applicable to Project No. 220-77-100, Windsong Bridge and $23,531.16 is applicable to Project No. 220-85-5.1, Windsong Unit 2 Park Paving. 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 of executing the abovementioned agreements at the earliest practicable date, 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. (0 day of AUGUST, 1985. AT T: C Secretar MAYOR Y APPROVED: .DAY OF AUGUST, 1985 42.069.04 1J THE CITOF CORPUS CHRISTI, TEXAS 18957 MICROFILMED AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter referred to as "City", and Windsong, a Joint Venture, hereinafter referred to as "Developer", and pertains to the development of a 58.8 acre tract known as Windsong Subdivision. WHEREAS, the Developer has previously constructed Windsong Unit 1 South of a 120 -foot wide drainage right of way; and WHEREAS, a requirement of the Platting Ordinance obligates the Developer to construct a bridge across said 120 -foot drainage right of way; and WHEREAS, Ordinance Number 18186 authorized the Developer to defer construction of said bridge until such time as the Developer's property adjacent to the northern boundary of the 120 -foot drainage right of way and proposed bridge location was platted. In addition, the Developer deposited the sum of Fourteen Thousand Five Hundred and no/100 Dollars ($14,500.00) to the City as his estimated share of bridge participation relating to the development of Windsong Unit 1; and WHEREAS, the Developer now proposes to develop the property adjacent to the northern boundary of the 120 -foot drainage right-of-way known as Windsong Unit 2; and NOW, THEREFORE, the City and the Developer agree as follows: 1. The Developer will finance and construct, or cause to be constructed, said bridge at the location shown on attached Exhibit "A". 2. The City agrees to reimburse the Developer its share of the bridge construction plus engineering cost as shown on the attached Construction Cost Estimate, marked Exhibit "B". For purposes of this Agreement, the amount of City participation is estimated to be Twenty -Four Thousand Eight Hundred Seventy -Nine and 93/100 Dollars ($24,879.90. The actual reimbursement amount 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. Iq addition, the City will reimburse the Developer said Fourteen Thousand Five Hundred and no/100 Dollars ($14,500.00) previously deposited per Ordinance Number 18186. Said reimbursements will be made upon completion and acceptance of the bridge construction and upon receipt of verification of the actual construction cost from the Engineer. Agreement-Windsong Unit 2 Page 1 of 3 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 17112, to complete as part of this Agreement the Disclosure of Interests form attached hereto and labeled Exhibit "C". 5. 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 and their respective heirs, successors and assigns. Agreement-Windsong Unit 2 Page 2 of 3 EXECUTED IN DUPLICATE originals this day of 19 ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: day of , 19 DEVELOPER: Windsong, a Joint Venture By: By: Al Hogan, Agent APPROVED: By: James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 19 by Edward A. Martin, City Manager for the City of Corpus Christi, Texas. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19 Al Hogan, Owner and Developer of Windsong Unit 2. Notary Public in and for Nueces County, Texas Agreement-Windsong Unit 2 Page 3 of 3 Yd � CG1. 1'nl . •4J. lit 413,001 1.010,141/4.4 I g n° PA lINn ONOSONIM %Z aaaxa OL ..I.N2114192.19 waaai aN PE NM0Ifi'jVneigI.N1 101 W-5dH NaON iltl .aLON NklVd 01 '.LH5 'Iolaa aoa 1210 aa5 ON155C a, 39042E1 annQz9 Y9 4.1,1N/1.4 Ea GI 1 roz.>bea LI• al an. on..i •wo INAGI PREPARED BY RCH CHECKED BY DATE 5/26/85 JOB NO X21156.20 CONSTRUCTION COST PROJECT Windsong Unit 2 Bridge ESTIMATE SHEET N0. 1 OF 1 ITEM DESCRIPTION QUANTITY CU AtI TITYY UNIT UNIT COST TOTAL I. Cost Estimate 1. 3 - 6 x 10 Box Culvert with parallel 1 1 LS 53,000.00 53,000.00 wing wall 2. 6" L Curb 200 210 LF 5.85 1,228.50 3. 1-1/2" THD Type D Hot Mix 266.7 280 SY 3.45 966.00 4, Prime Coat 266.7 280 SY .35 98.00 5. 6" Compacted Caliche 266.7 280 SY 3.70 1,036.00 6. 4' Concrete Sidewalk 312 327 SF 1.45 474.15 7., 5' Concrete Tied Sidewalk 610 641 SF 1.65 1,057.65 Total Construction Cost 57,860.30 7.5% Eneineering 4,339.52 TOTAL COST 62,199.82 II. City Participation Mp Bottom Width = 25 Ft. % City Participation = 25-15/25 = .4 City Share = 62.199.82 (.4) ss 24.879 93 IIT Developer Participation Dev. Participation = 15/25 = .6 Developer Share = 62,199.93 (.6) 1 37,319.96 ry Total Reimbursement City sharp 24,879.93 Previnnaly 0ppnaited (ordinance #1818 ) 14,500.00 REI URSFM 1 - 39,379.93 EXH/8✓T "B " TOTAL PREPARED BY RCH CHECKED BY DATE 5/26/85 JOB NO X21156.20 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 Farm 10-K with the City in lieu of answering the questions below. See reserve side for definitions. FIRM NAME• Nindsong STREET: CITY: CORPUS CHRISTI TIP: FIRM Is: 1. Corporation( 2. Ownwr ( ) 4. Association ( 3. Other ( Partnership) ) 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 "employee" of the City of Carpus 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) 78411 ) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or mon of the ownership in the above named "firm". Name Title N7A 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 Nig CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement. that 1 have not knowingly withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted 10 the City of Corpus Christi, Texas as change cur. Certifying Person: I Richar M er Title. Mana inin Partner Signature of Certifying Person•nto 4 t71/2/g ¢' -- -. I"' 4EXH,scr ,.c ,. 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 entitles which for purposes of taxation are treated as non-profit organizations. d. "Off idol." The Mayor. members of the City Council, Cly Manager, Deputy City Manager, Assistant Cly 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, Induct. 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 teens of venture or partnership agreements." : . AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter referred to as "City", and Windsong, a Joint Venture, hereinafter referred to as "Developer", and pertains to the development of a 58.8 acre tract known as Windsong Subdivision. WHEREAS, the Developer has previously constructed Windsong Unit 1 South of a 120 -foot wide drainage right of way; and WHEREAS, a requirement of the Platting Ordinance obligates the Developer to construct a bridge across said 120 -foot drainage right of way; and WHEREAS, Ordinance Number 18186 authorized the Developer to defer construction of said bridge until such time as the Developer's property adjacent to the northern boundary of the 120 -foot drainage right of way and proposed bridge location was platted. In addition, the Developer deposited the sum of Fourteen Thousand Five Hundred and no/100 Dollars ($14,500.00) to the City as his estimated share of bridge participation relating to the development of Windsong Unit 1; and WHEREAS, the Developer now proposes to develop the property adjacent to the northern boundary of the 120 -foot drainage right-of-way known as Windsong Unit 2; and NOW, THEREFORE, the City and the Developer agree as follows: 1. The Developer will finance and construct, or cause to be constructed, said bridge at the location shown on attached Exhibit "A". 2. The City agrees to reimburse the Developer its share of the bridge construction plus engineering cost as shown on the attached Construction Cost Estimate, marked Exhibit "8". For purposes of this Agreement, the amount of City participation is estimated to be Twenty -Four Thousand Eight Hundred Seventy -Nine and 93/100 Dollars ($24,879.93). The actual reimbursement amount 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. It addition, the City will reimburse the Developer said Fourteen Thousand Five Hundred and no/100 Dollars ($14,500.00) previously deposited per Ordinance Number 18186. Said reimbursements will be made upon completion and acceptance of the bridge construction and upon receipt of verification of the actual construction cost from the Engineer. Agreement-Windsong Unit 2 Page 1 of 3 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 17112, to complete as part of this Agreement the Disclosure of Interests form attached hereto and labeled Exhibit "C". 5. 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 and their respective heirs, successors and assigns. Agreement-Windsong Unit 2 Page 2 of 3 EXECUTED IN DUPLICATE originals this day of 19 ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: 61dday of 4/46¢ , 198c. DEVELOPER: Windsong, a Joint Venture By: James K. Lontos, P.E. Assistant City Manager 1'kiB STATE OF TEXAS COUNTY OF NUECES By: Al Hogan, Agent This instrument was acknowledged before me on , 19 by Edward A. Martin, City Manager for the City of Corpus Christi, Texas. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19 Al Hogan, Owner and Developer of Windsong Unit 2. Notary Public in and for Nueces County, Texas Agreement-Windsong Unit 2 Page 3 of 3 END 9,N END E -E4 Tom•rE.EN Rao c. Tom. ®EsTiN6 WINDSONG UNIT 1 821DGE Ce . �o sea Bel DETAIL • I 1111 IW T`\ 426 ••140. D�vn.yp TG 25 4 C. ••p T4�.Iy.T EXH/B/ r "1 PREPARED BY RCH CHECKED BY DATE 5/26/85 JOB NO X21156.20 CONSTRUCTION COST PROJECT Windeong Unit 2 Bridge ESTIMATE SHEET NO 1 OF 1 ITEM DESCRIPTION QUANTITY p+U I TITY %COST UNIT UNIT TOTAL I. Cost Estimate 1. 3 - 6 x 10 Box Culvert with parallel 1 1 LS 53,000.00 53,000.00 wing wall 2. 6" L Curb 200 210 LF 5.85 1,228.50 3. 1-1/2" THD Type D Hot Mix 266.7 280 SY 3.45 966.00 4. Prime Coat 266.7 280 SY .35 98.00 5. 6" Compacted Caliche 266.7 280 SY 3.70 1,036.00 6. 4' Concrete Sidewalk 312 327 SF 1.45 474.15 7., 5' Concrete Tied Sidewalk 610 641 SF 1.65 1,057.65 Total Construction Cost 57,860.30 7.5% Engineering 4,339.52 TOTAL COST 62,199.82 II. City Participation Mp Bottom Width = 25 Ft. % City Participation = 25-15/25 = .4 - City Share = 62.199.82 (.4) 24,879.93 III Developer Participation 9 Dev. Participation = 15/25 = .6 Developer Share = 62.199.93 (.6) C 37 319.96 _Tv Total Reimbursement city sharp 24,879.93 Pravinnsly nepncitec (o,cin,pnce #181E6) 14,500.00 REI1 URSFMFET 39,379.93 EXIfIB✓T "B " TOTAL PREPARED BY RCH CHECKED BY DATE 5/26/85 JOB NO X21156.20 e• • 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. 11 the question Is not applicable. answer with "NA." Corporations whose shares ars publicly traded and listed on national or regional stock exchanges or over•the. counter markets may file a current Securities and Exchange Commission Farm 10.K with the City in lieu of answering the questions below. See reserve side For definitions. FIRM NAME: Windsong STREET: CRY• CORPUS CHRISTI ZIP: 78412 FIRM Is: 1. Corporation( ) 2. hOwner ( ) 4. Association-( ) S. Other (y )( )A Joint Vent�le • 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 i 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 NIA 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, orCommittee MIe CERTIFICATE !certify that all information 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 as changecur. r M' er Certifying Person: / Riche Signature of Certifying Person: t Title• Nana inin Partner Onto,//B ¢"s FXH/BrT DEFINITIONS The following de(Initlons 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. Ioint stock company, taint venture. receivership or trust, and entities which for purposes of taxation are treated as nonprofit 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." ,3 cITY OF CORPUS CHRISTI, TEXAS CERTIFICATION CF FUNDS (City Charter Article IV Section 21) August 5, 1985 I certify to the City Council that $ 43,411.09 , 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: Eland No. and Name No. 220 Street Bond Fund Project No. & Name REENNADalle 220-77-100 $19,879.93 Windsong Bridge 220-85-5.1 23 531 l.�in. rk Paving from, which it is Proposed to be drawn, and such money is not appropriated for any other purpose. IIulecto �" ja FIN 2-55 Re3/31/8074, B Corpus Christi, Texas tp day of 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 CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb it'"? Frank Mendez a (� Bill Pruet i 1� Mary Pat Slavik /Ai) Linda Strong 6104d)18957 )04{ '' 18957