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
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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
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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
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Inspection
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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
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19
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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