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Home My WebLink About19014 ORD - 09/17/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ANDREWS AND BARNETTE PARTNERSHIP FOR THE CITY'S SHARE OF CONSTRUCTION COSTS FOR A BRIDGE ACROSS A 95 FOOT DRAINAGE RIGHT-OF-WAY AT THE POINT WHERE PATTON STREET INTERSECTS THE DRAINAGE RIGHT-OF-WAY; APPROPRIATING $15,465.13; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with Andrews and Barnette Partnership, developer of Wooldridge Creek Center, providing for the City's share of construction costs for a bridge across a 95 foot drainage right-of-way at the point where Patton Street intersects the drainage right-of-way, all as more fully 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 $15,465.13 from the No. 220 Street Bond Fund applicable to Project No. 220-85-8.1, Wooldridge Creek Center Bridge. 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 agreement 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 17th day of September, 1985. ATTEST: City Secretary " MAYOR APPROVED: irl4( DAY OF SEPTEMBER, 1985 Assistant torney 04P.101.01 THE CITY CORPUS CHRISTI, TEXAS 19014 MICROFILMED • AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter referred to as the "City", and Andrews and Barnette Partnership, hereinafter referred to as the "Developer." WHEREAS, a portion of the Developer's land, known as Wooldridge Creek Center contains a 95' wide drainage right of way; and WHEREAS, a requirement of the Platting Ordinance obligates the Developer to construct a bridge across said 95' drainage right of way at the point where Patton Street intersects the drainage right of way as shown on Exhibit "A;" and WHEREAS, the Developer is obligated to construct the bridge concurrently with the development of this subdivision; and NOW, THEREFORE, the City and 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", and in accordance with the plans and specifications approved by the City Engineer. 2. The City agrees to reimburse the Developer its share of the bridge construction cost plus 7; percent engineering cost as shown on the attached construction estimate, marked Exhibit "B." For purposes of this agreement, the amount of City participation is estimated to be Fifteen Thousand Four Hundred Sixty -Five and 13/100 Dollars ($15,465.13). 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. 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 Interest 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 04P.101.01 0 • binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns. EXECUTED IN DUPLICATE, this the day of , 19 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Edward A. Martin, City Manager APPROVED: DAY OF , 1985 DEVELOPER: Jay Doegey, Assistant City Attorney James W. Barnette APPROVED: James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS § COUNTY OF NUECES § Barry G. Andrews 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 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 19 by James W. Barnette and Barry G. Andrews. Notary Public in and for the State of Texas 04P.101.01 'ac ne,xcoon la •, --, i i__, I I • _ Fy r. CAMYOA 0 FLAGS-MrP A4 Wooldridge Creek Center al 0 I mg • 00# ON .00no cn . o.. 4 MSG WW1 1114 • Na:1 Wooldridge Road EXHIBIT- " B" TOTAL PREPARED BY RCA CHECKED BY 1NNY Y I I7 ev.enme DATE 8-9-85 JOBNO4527.15 CONSTRUCTION COST PROJECT Bridge Quantities ESTIMATE SHEET NO 1 OF 1 ITEM DESCRIPTION QUANTITY QUANTITY + 5 x UNIT UNIT COST TOTAL A. 1. Bridge Structure 3-8x6 box culvert 1 1 LS 52,000.00 52,000.00 w/parafe7 wing wall 2. 6" L Curb 150 158 LF 6.00 948.00 3. 4' Concrete Sidewalk 169 177 SF 1.70 300.90 4. 5' Tied Sidewalk 538 565 SF 2.00 1.130.00 5. 2" THD Type '0' Hot Mix 300 315 SY 4.90 1,543.50 6. 8" Compacted Caliche 300 315 SY 4.80 1,512.00 7. Prime Coat 300 315 SY .35 110.25 TOTAL CONSTRUCTTION COST 57,544.65 7.5% Engineering 4,315.85 TOTAL COST: 61,860.50 B. City Participation -Bottom width ditch (ultimate = 20) City Participation = 20-15/20 (61 860.50) 15.465.13 EXHIBIT- " B" TOTAL PREPARED BY RCA CHECKED BY 1NNY Y I I7 ev.enme DATE 8-9-85 JOBNO4527.15 CITY OF CORPUS CERtISTI, TEXAS CERITFICATIONOF FONDS (City Charter Article IV Section 21) September 6, 1985 I certify to the City Council that $ 15,465.13 , the amount required for the contract, agreement, obligation or expenditures Cont nplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the c dit of: Fund No. and Name 220 Street Bond Fund Project No. 220-85-8.1 Project Name Wooldridge Creek Center Bridge fn® which it is proposed to be drawn, and =Chummy is not appropriated for any other purpose. . 19r FIN 2-55 `j,A/K Revised 7/31/69 9/,./s • 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." See reverse side for definitions. FIRM NAME• Andrews and Barnette Partnership STREET. 4421 Agnes CITY- Corpus Chr{gti Z1P• 78405 FIRM is: 1. Corporation ( 1 2. Partnership ( X ) 3. Sole Owner ( ) 4. Association ( ) 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 Tltle and City Department (If known) "NONE" 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 "NONE" 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 James W. Barnette, Mechancial Advisory Board 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Consultant "NONE" CERTIFICATE I 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 changes occur. Certifying Person: James W_ signature of Certifying Person: rnnt't'P Ores pruay TItle• Dote' ?%Z(•kr` DEFINITIONS 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, Iolnt stock company, Ioint 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." f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Christi, Texas WA day of S jyi , 1914° 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 CITOF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19014 STATE OF TEXAS to r County of Nueces. ff Before me, MARGARET RAMAGE PUBLISHER'S AFFIDAVIT AD #11781 CITY OF C.C./CITY SECRETARY the undersigned, a Notary Public, this day personally came -- who being first duly sworn. according to law, says that he is the COMMUNITY RELATIONS SUPERVISOR of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi. Texas, in said County and State, end that the publication of NOTICE OF PASSAGE OF ORDINANCE #19042 of which the annexed is a true copy, was published in Caller -Times on the 14 th day of oC tuber consecutive.—day 193.5_, and once each GN .__--Times g__ 25.30 MARGARET RAMAGE Any publishing Co. _thereafter tor_ ^rva_ Subscribed and sworn to before me this 1.5.1-4.-- EDNA ROSTER 11-30-88 NOTICE OF PASSAGESAGE OF ORDINANCE M 19042 :AMENDING CHAPTER 16 OF THE CODE O! ORDINANCES -'AND ESTABLISHING A STANDARD OF CARE FOR OFFICERS, ACITS AND EM- PLOYEES 0i.,THE CITY RESPONDING TO EMERGEN- CY SITUATIONS; PROVIDING FOR SEVERABILITY; AND DE- CLARING AN EMERGENCY, Was passed and approved by the City Council of the City of Carpus Christi, Texas on the 8th day of October, 1985. The full text of said ordinance 'is available to the public In the Office of the City Secretary. /a/ Armando Chaps City Secretary Corpus Christi, Texas