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Home My WebLink About19114 ORD - 12/03/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER, DEVELOPER PROVIDING FOR CITY'S SHARE OF CONSTRUCTION COSTS FOR APPROXIMATELY 4,000 LINEAR FEET OF YORKTOWN BOULEVARD WEST OF SOUTH STAPLES STREET AND A BRIDGE WEST OF SOUTH STAPLES STREET AND SOUTH OF BUCKINGHAM ESTATES SUBDIVISION; APPROPRIATING $557,660.69; 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 Henry Tucker, Developer, providing for the City's share of construction costs for approximately 4,000 linear feet of Yorktown Boulevard west of South Staples Street and a bridge west of South Staples Street and south of Buckingham Estates Subdivision, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $557,660.69 from the No. 220 Street Bond Fund applicable to Project No. 220-85-4.1, The Lakes 6/ Yorktown Boulevard. 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 3rd day of December, 1985. ATTEST: /,. J City Secretary APPROVED: Z,.f DAY OF DECEMBER, 1985 04P.233.01 MAYO X THE CI OF CORPUS CHRISTI, TEXAS 19114 MICR01- Lill 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 Henry Tucker, hereinafter referred to as "Developer" and pertains to the construction of Yorktown Boulevard and a bridge west of South Staples Street and south of Buckingham Estates Subdivision, as shown by Exhibit "A WHEREAS, the Developer desires to construct the section of Yorktown Boulevard shown on Exhibit "A"; and WHEREAS, the City recognizes an obligation for participation towards a portion of the cost of the Yorktown Boulevard Street Improvements; and WHEREAS, the Developer desires to construct the bridge on Yorktown Boulevard as also shown on Exhibit "A"; and WHEREAS, a condition of the Platting Ordinance obligates the City to participate towards a portion of the cost of the bridge construction; NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer will finance and construct, or cause to be constructed, Yorktown Boulevard to a width of 78 feet including 26 foot wide medians and a pavement section consisting of 1 inch Type D hot mix, 3 inch Type B hot mix and 6 inches of lime stabilized subgrade, 6 inch curb and gutter, and 4 foot wide sidewalks on Yorktown Boulevard. 2. The Developer agrees to dedicate, or obtain the dedication of, the 120 foot right-of-way dedication for Yorktown Boulevard in accordance with the Transportation Master Plan. In addition, the Developer will pay all applicable sanitary sewer and water lot/acreage fees on the right-of-way which is dedicated prior to reimbursement of paving/bridge costs per the agreement. Said fees are to be in accordance with Ordinances 17092 and 17396. 3. The City agrees to reimburse the Developer the sum of Four Hundred Forty Eight Thousand Four Hundred Forty and no/100 Dollars (448,440.00) and its share of the construction and engineering costs of Yorktown Boulevard as described above. The City's reimbursement to the Developer will be made after completion and acceptance of the paving improvements. 4. The Developer will finance and construct, or cause to be constructed, a bridge with five 5'x8' boxes at the location on Yorktown Boulevard as shown on Exhibit "A". 5. The City agrees to reimburse the Developer its share of the bridge construction plus engineering cost as shown on the attached Construction Cost 19114 12-03-85 i x H l9/7 .1A11 • Estimate, marked Exhibit "B". For purposes of this Agreement, the amount of City participation is estimated to be One Hundred Nine Thousand Two Hundred Twenty and 69/100 Dollars ($109,220.69). The actual bridge 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. Said reimbursement will be made upon completion and acceptance of the bridge construction and upon receipt of verification of the actual construction costs from the Engineer. 6. The City agrees that upon execution and fulfillment of this agreement, the paving requirements outlined in the Buckingham Estates Annexation Contract authorized by Ordinance 16629, and as amended by Ordinance 16946, will be met and assessment obligations therein will have been satisfied. 7. The Developer agrees to request annexation of all rights-of-way dedicated per this agreement and in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto and labeled Exhibit "C". 8. Developer shall indemnify and save harmless and defend the City of Corpus Christi, its officers, agents, and employees against any and all lawsuits, claims, demands. liabilities, losses or expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any 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 this project. 9. This Agreement shall be executed in duplicate, each 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 heir, successors and assigns. 1985. EXECUTED IN DUPLICATE ORIGINALS, this the ATTEST CITY OF CORPUS CHRISTI Armando Chapa, City S retary James K. Lontos, P.E. Assistant City Manager APPROVED: 5.4iDAY OF 11,...„1.4-, 1985 DEVELOPER Jay Doegf, stant (,i `WUttorney Henry Tucker 19114 12-03-85 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 19 , by James K. Lontos, P.E., as Assistant City Manager for 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 Henry Tucker as Developer. Notary Public in and for the State of Texas 04P.250.01 • „V„•1181H 3 L snI ami TFT 0�• L 30011:1111O3SOdOUd d l 006E - NOISN31X3 NMOINIIOA 03SOd0lid • Z 4iun . sa4D4sg uaDL16ui)Png a.Inind T 0310f11i1SNO3 A11N3031I NMOINHOA • dO NOI103S S1141-1.'- . • !F WOW _ . 4:1011.10A3- 1• J01.1aA3"1• ; 1• i •. ' F 31VJSSOU • I ei •iY'/.'� YORKTOWN BOULEVARD BRIDGE This estimate is based on the construction of 5 - 5' x 8' box culverts, and a 40 foot channel bottom width. Construction Cost $162,561.02 + 7.5% engineering 12,192.08 TOTAL $174,753.10 City Participation = ( 40-15)/40 x ($174,753.10) _ $109,220.69 *Developer Participation = 15/40 x ($174,753.10) 65,532.41 TOTAL $174,753.10 -*The developer participation represents the total sum of the amount required from each of the four tracts contiguous to the bridge EXHIBIT "B' r ces ae u - - CITY OF CORPUS CHRISTI t.4.1 : 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. See reserve side for definitions. FIRM NAME -Henry L. Rucker STREET - 3041 Holly Road CRy:Corpus Christi MP- 78415 FIRM is: 1. Corporation ( 4. Association ( 2. Partnership ( ) 3. Sole Owner (A( ) 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) 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 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 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. Henry L. Tucker Certifying Person: Title _ � /i Date• %1'16-65 Signature of Certifying Person: e..0r • CITY OF CORPUS CHRISTI, TEXAS CERFIFICATICN OF FUNDS (City Charter Article IV Section 21) November 20, 1985 I certify to the City Council that $ 557,660.69 , the amount required for the contract, 4teeuluL, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Carpus Christi to the credit of: Fund No. and Name Project Na. No. 220 Street Bond Fund 220-85-4.1 Project Name The Lakes 6/Yorktown Boulevard fro® which it is proposed to be drawn, and such Honey is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 55P7 (a&o.!a 7 ,a./3//6 • Corpus Christi, Te as :ill day of , 1985- TO 983 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, MAYOR Council Members E CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed py the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19114