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HomeMy WebLinkAbout19168 ORD - 01/21/1986• • TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AGREEMENTS WITH REAGAN AND ASSOCIATES FOR THE CITY'S SHARE OF CONSTRUCTION COSTS OF ONE-HALF OF THE STREET ABUTTING THE DEDICATED PARK COSTS; APPROPRIATING $10,631.36; 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 Reagan and Associates, developer of Northwest Estates Subdivision, providing for the City's share of construction costs of one-half of the street abutting the dedicated park and for the developer depositing with the City the amount of $4,272.30 as the cost of force main replacement providing additional capacity in the lift station, all as more fully set forth in the agreements, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" and "B". SECTION 2. That there is hereby appropriated $10,631.36 from the No. 220 Street Bond Fund applicable to Project No. 220-85-14.1, Northwest Estates 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 21st day of January, 1986. ATTEST: 24 £City Secretar MAYO APPROVED: '2(d—DAY OF JANUARY, 1986 04.317.01 THE CITY OF CORPUS CHRISTI, TEXAS 19168 MICROFILMED • AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT, is entered into between the City of Corpus Christi, hereinafter called "City", and Reagan and Associates, hereinafter called "Developer". WHEREAS, the Developer, in compliance with the City's Platting Ordinance, Section IV, Subsection F, has dedicated a portion of a 45.18 acre development known as Northwest Estates for use as Parks and Playgrounds; NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer will construct certain improvements for and on behalf of the City including pavement on Spaulding Drive which bounds the above described dedicated park. The improvements will be constructed in accordance with the plans and specifications approved by the Department of Engineering. This Agreement shall be null and void should the subdivision construction authorized by the approved plans and specifications not be carried out within the time limits specified in the City's Platting Ordinance. The construction will be contracted for and financed by the Developer. 2. The City agrees to reimburse the Developer its pro rata share of the above described construction cost plus engineering as is shown on the Construction Cost Estimate, marked Exhibit "B", and Map, marked Exhibit "A", attached hereto and made a part hereof. For purposes of this Agreement, the amount of the City's reimbursement to the Developer shall not exceed Ten Thousand Six Hundred Thirty-one and 36/100 Dollars ($10,631.36). The actual reimbursement 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. The City's payment to the Developer will be made after completion and acceptance of all subdivision improvements. 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. AGREEMENT - Northwest Estates H. W. Reagan and Associates Page 1 of 3 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 Interests form attached hereto and labeled Exhibit "C". 5. This Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, this the day of , 19 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Ernest Briones, Acting City Manager APPROVED: day of , 19 Assistant City Attorney DEVELOPER: Reagan and Associates APPROVED: H.W. Reagan, Partner • James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1985 by Ernest Briones, Acting City Manager of the City of Corpus Christi, Texas. NotaryPublic in and for the State of Texas AGREEMENT - Northwest Estates H.W. Reagan and Associates Page 2 of 3 • THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1985, by H. W. Reagan, Partner. Notary Public in and for the State of Texas AGREEMENT - Northwest Estates H.W. Reagan and Associates Page 3 of 3 Iii • ,,� � III,/ �I I a � ,Il�1Lc �A I b b I •� J NORTHWEST ESTATES City Park Quantities Quantities are calculated to the centerline of the street. Description Unit Units Quantity Price Total 1. 4' Sidewalk SF 1345 $ 1.40 $1883.00 2. Street Excavation CY 470 1.10 517.00 3. Subgrade Preparation SY 775 .08 62.00 4. 6" Curb LF 335 5.70 1909.50 5. 8" Caliche Base SY 663 3.25 2154.75 6. Prime SY 663 .35 232.05 7. 2" Hot Mix Surfacing SY 663 4.48 2970.24 8. Clearing and Grubbing AC 1.611 100.00 161.10 Total $9889.64 CITY OF O 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, onswer with "NA." See reverse side for definitions. FIRM NAME Reagan and Associates STREET - P. 0. Box 10493 arr.Corpus Christi, Texas 7Ip. 78410 FIRM is: 1. Corporation ( 4. Association ( 2. Partnership ( (/) 3. Sole Owner ( ) 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) 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 none 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. H. W. Reagan Partner -� Certifying Person: I/), Title Signature of CertHying Person: 4, -P'"II zK� 4-. -/ Date: December 6, 1985 EXN,R,7 ' ..• 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 Reagan and Associates, hereinafter referred to as "Developer", and pertains to the development of Northwest Estates, a 45.18 acre tract north of F.M. 624 and approximately one mile west of the Five Points Intersection. WHEREAS, a requirement of the Platting Ordinance obligates the Developer to provide sanitary sewer service of adequate capacity to his tract; and WHEREAS, the Developer wishes to obtain sewer service by utilizing an existing lift station and force main in the adjacent Wood River Subdivision as shown by Exhibit "A"; and WHEREAS, the Developer acknowledges that the Wood River lift station and force main currently do not have adequate excess capacity to serve the proposed Northwest Estates over and above the total Wood River development; and WHEREAS, the Developer proposes to increase the Wood River lift station and force main capacity by replacing 423 linear feet of the existing 8 -inch diameter force main with 12 -inch diameter force main; NOW, THEREFORE, for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby covenant and agree as follows: 1. The Developer agrees to pay the City the sum of Four Thousand Two Hundred Seventy-two and -.30/100. Dollars ($4,272.30) prior to the time that the Northwest Estates Subdivision improvements are accepted by the City for main- tenance. Said $4,272.30 is the estimated cost of replacing 423 linear feet of 8 -inch force main with 423 linear feet of 12 -inch force main. 2. The City agrees to perform, or contract to perform, the construction improvements necessary to replace the portion of force main required to provide excess sewer capacity for Northwest Estates Subdivision at some point in the future when the flow to the lift station and force main necessitate the actual force main modification. The City will use said $4,272.30 for this purpose. AGREEMENT - Northwest Estates Reagan and Associates Page 1 of 3 3. The City agrees that upon payment of the $4,272.30, and upon completion of remaining platting and annexation requirements, the Developer will have fulfilled his obligation of providing adequate sewer capacity for the Northwest Estates development. 4. 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 cost 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. 5. The Developer further agrees, in compliance with City Ordinance No. 17112, to complete as part of this Agreement the Disclosure of Interests form attached to and. labeled Exhibit "B". 6. This Agreement shall be executed in duplicate, both of which shall be considered one instrument, and shall become effective and be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals this day of , 1985. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Ernest Briones, Acting City Manager APPROVED: day of , 1985 Assistant City Attorney DEVELOPER: APPROVED: H. W. Reagan James K. Lontos, P.E. Charles A. Nichols Assistant City Manager AGREEMENT - Northwest Estates Reagan and Associates Page 2 or 3 • THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1985, by Ernest Briones as Acting 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 , 1985, by H.W. Reagan. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1985, by Charles A. Nichols. Notary Public in and for the State of Texas AGREEMENT - Northwest Estates Reagan and Associates Page 3 of 3 (EXISTING OLAN N5. 11 . BOUNI i Drill Collar Inspection 1— m x W • 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: Reagan and Associates STREET. P. 0. Box 10493 FIRM Is: 1. Corporation ( CITY. Corpus Christi, Texas 71p. 78410 2. Partnership ( )/) 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) 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 none 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. H. W. Reagan Certifying Person: p PSI Signature of Certifying Person: h4.2�Y�/ Title• Partner Date - December 6, 1985 • CITY OF CORPUS CHRISTI, TEXAS IFI TION OF FUNDS (City Charter Article IV Section 21) January 8, 1986 I certify to the City Council that $ 10,631.36 , 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 Project No. No. 220 Street Bond Fund 220-85-14.1 Project Nems Northwest Estates Park Paving fn u which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 2d:4 Seii /2/ 5 -eV. rrV —114'//a- 1 /g (feAL-X—' 19 • Corpus Christi, c)?,/pi day of 5. , 198k 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, MAYO Council Members THE CI Y OF 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 19168