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