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HomeMy WebLinkAbout19152 ORD - 01/14/1986TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORPUS CHRISTI LAND VENTURE FOR THE CITY'S SHARE OF CONSTRUCTION COSTS OF A BRIDGE ACROSS AN EXISTING 130 FOOT DRAINAGE RIGHT-OF-WAY IN THE FUTURE KING'S CROSSING WEST SUBDIVISION; APPROPRIATING $52,300.77; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the Acting City Manager is hereby authorized to execute an agreement with Corpus Christi Land Venture for the City's share of construction costs of a bridge across an existing 130 foot drainage right-of-way in the future King's Crossing West Subdivision, 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 $52,300.77 from the No. 220 Street Bond Fund applicable to Project No. 220-85-9.1, King's Crossing West/Oso Parkway. 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 14th day of January, 1986. ATTEST: 41406City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: pkg DAY OF JANUARY, 1986 04P.296.01 19152 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 Corpus Christi Land Venture, hereinafter referred to as "Developer". WHEREAS, a portion of the developer land known as the future Kings Crossing West, is situated on both sides of an existing 130 foot drainage right-of-way as shown on Exhibit "A"; and WHEREAS, the Developer is obligated to construct the bridge concurrently with the construction of the Oso Parkway improvements; and NOW, THEREFORE, for and in consideration of the mutual convenants herein exchange to be kept and performed, the parties do hereby convenant, and agree as follows: 1. Developer agrees to finance and construct, or cause to be constructed, said bridge at location shown on Exhibit "A". 2. The City agrees to reimburse the Developer its share of the bridge construction plus 71% 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 Fifty -Two Thousand Three Hundred and 77/100 Dollars ($52,300.77). The actual bridge reimbursement amount will be adjusted according to the actual construction cost after completion of the work and 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 cost from the Engineer. 3. 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. 4. The Developer further agrees, in compliance with the 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 AGREEMENT - Corpus Christi Land Venture Kings Crossing West Subdivision Page 1 of 3 c r 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. EXECUTED IN DUPLICATE orginals this 19 A1.1'EST: day of THE CITY OF CORPUS CHRISTI By City Secretary Ernest Hriones, Acting City Manager APPROVED: day of , 19 DEVELOPER: Corpus Christi Land Venture By Assistant City Attorney Henry Tucker, General Partner APPROVED: James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledge before me on , 19 by Ernest Briones, Acting City Manager for the City of Corpus Christi, Texas. Notary Public in and for Nueces County, Texas AGREEMENT - Corpus Christi Land Venture Kings Crossing West Subdivision Page 2 of 3 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledge before me on , 19 by Henry Tucker, General Partner, Corpus Christi Land Venture, Owner and Developer of Kings Crossing West. Notary Public in an for Nueces County, Texas AGREEMENT - Corpus Christi Land Venture Kings Crossing West Subdivision Page 3 of 3 YORKTOWN BOULEVARD B 00•03.05° E 1209.30' R a 1J: W m"'" cossiNG A _ 2 - I \ 3 $ I g % 554030'50.'1y ! 73.74' 580°4950 1 /- �✓ 80.03 / / \ ood ��'\ /-1,15.4.30'50”E0"E \ \\\+\ F' 149.41 �OA \� / s, SBz pe, � s�, PROPOSED \1 0,6_,.. -- e4 -N80.45. 50'E 6 / 1129.97' BRIDGE 5 z /Z---,0: o w 7 a 65.00\ \ WET BDIVISION I I 1 -rsa s �=�f /ET LANDS- BOUNDARTC77 — --- -- 1.5;-}- — --"- -.1i 4 N. -- — — 2I i. ER N 6920001'�'.30e'' Y ` I pe.70 y lJ: 01.00 ie IN5. �I N SCO.G. OSo CREEK 1 1 EXISTING FLORIDA GAS PIPELINE I I 9' \ \ /. +e. TOTAL E>C<//B/r "i"" PREPARED BY PDV CHECKED BY (B p uw�w 1 DATE 9-11-85 JOB NO 20229.10 CONSTRUCTION COST PROJECT Oso Parkway - Everhart to Staples ESTIMATE SHEET NO. 1 OF 1 Bridge Participation ITEM DESCRIPTION QUANTITY QUAN4ITY r % UNIT UNIT COST TOTAL Bridge Participation - 130 Ft. R.O.W. 5 BBL - 5' x 8' box culvert - 42' bottom 1. 5 BAT, - 5' x 8' Box w/headwalls and 1 ] FA 68,000.00 68,000.00 guard rails 2. 2" iIMAC 440 462 SY 4.80 2.217.60 3. Prime Coat 440 462 SY .40 184.80 4. 6" Caliche 440 462 SY 3.40 1_570.80 5. 8' Bike Path 880 924 SF 1.70 1,570.80 6. 4' Sidewalk 440 462 SF 1.70 785.40 7. 6" L -Curb 220 231 LF 5.85 1.351.35 SUB -TOTAL: $75,680.75 +7.51 5 676.00 CITY PARTICIPATION: 581.356.75 (42-15/42) (81,356.75) = $52,300.77 TOTAL E>C<//B/r "i"" PREPARED BY PDV CHECKED BY (B p uw�w 1 DATE 9-11-85 JOB NO 20229.10 • 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 nnswered. If the question is not applicable, answer with "NA." See reverse side for definitions. FIRM NAME• l C41:4")� ' \•, S-11-5 c - STREET. 7044 \1!WY T�7 CITY• Ti' 71P• FIRM is: 1. Corporation ( ) 2. Partnership (j( ) 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 Title and City Department (If known) NIA 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 13111 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 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." NIA Consultant 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. L, II�Gf Title•-'I1G Wr —43 r=7. -C. Signature of Certifying Person: Date: I 1-14-S` a co • 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, joint stock company, joint venture, receivership or trust, and entitles 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. • crpY of CORPUS CHRISTI, s CERTIFICATION of FUNDS (City Charter Article IV Section 21) January 7, 1986 I certify to the City Council that $52,300.77 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the'City of Corpus Christi to the credit of: Fund No. and Name No. 220 Street Bond Fund Project No. 220-85-9,1 Project Name King's Crossing West/0so Parkway fiom which it is proposed to he drawn, and such money is not appropriated for any other purpose. /—// , 19 e% �te�l%t.C.GG� I]arec i7934t--) _ _ -) zrG r_J / � FIN 2-55 Revised 7/31/69 �1 y! //7ti/$jam, ///06 Corpus Christi, T as /464L day of , 1986 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 F 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 19152