HomeMy WebLinkAbout19241 ORD - 03/25/1986TEXAS:
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AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OAKHURST
PLAZA, INC., WHICH DEFERS CONSTRUCTION OF A PORTION OF TIGER
LANE AS A PLATTING REQUIREMENT; APPROPRIATING $28,500; 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 an
agreement with Oakhurst Plaza, Inc., developer of Oakhurst Plaza Subdivision,
which defers construction of a portion of Tiger Lane as a platting requirement;
the developer agrees to dedicate the required right-of-way, deposit $28,500 with
the City as the estimated cost of the paved roadway, and be assessed for curb,
gutter, sidewalk, and driveway improvements when Tiger Lane is constructed, all
as more fully set forth in the contract, a substantial copy of which is attached.
hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated $28,500 from the No. 220
Street Bond Fund applicable to Project No. 220-82-1, Tiger Lane: Weber Road to
Flynn Parkway Drive.
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 25th day of March, 1986.
ATTEST:
r'�
ity Secretary
APPROVED: 2 S DAY OF MARCH, 1986
I/1/
C 'y Aitorney
06P.015.01
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
19241 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 Oakhurst Plaza, Inc. hereinafter re-
ferred to as "Developer", joined herein by Ted M. Anderson, Peggy M. Anderson,
and the Ted and Peggy Anderson Foundation, owner, and pertains to the development
of Oakhurst Plaza - Tracts 1, 2 & 3, a 15.63 acre tract located south of
S. Padre Island Drive between Weber Road and Corona Drive.
WHEREAS, a requirement of the Platting Ordinance obligates the Developer
to dedicate and construct approximately 656 feet of Tiger Lane along the
southern border of this tract as shown on Exhibit "A"; and
WHEREAS, the City has plans to construct this and adjacent sections of
Tiger Lane in the near future as part of a Capital Improvement project; and
NOW, THEREFORE, the City, Developer and Owner agree as follows:
1. The Developer and Owner agrees to dedicate the required 60 feet of
right-of-way for Tiger Lane as shown on Exhibit "A". Said dedication shall
be made on the proposed final plat of this tract.
2. The Developer agrees to pay the City the sum of Twenty -Eight Thousand
Five Hundred and no/100 Dollars ($28,500.00) prior to filing said final plat at
the County Courthouse. Said sum is the estimated cost of constructing 656 feet
of 28 feet wide pavement with 1-1/2 feet caliche shoulders on each side. The
City will deposit such funds in the Tiger Lane Street construction account.
3. The City agrees to defer construction of the pavement required by the
Platting Ordinance in return for payment of the above stated amount.
4. The City agrees to award a construction contract for the permanent
Tiger Lane Street improvements from Weber Road to Flynn Parkway within 24 months
of the date the final plat is filed for record at the County Courthouse.
5. At the time of construction of Tiger Lane by the City contract, within
the time frame of item 4 above, the City will assess the owner of the adjacent
portion of Oakhurst Plaza for the cost of curb and gutter and sidewalk and any
driveways constructed under the terms of the assessment ordinance in effect at
the time. No assessment will be made on the pavement.
AGREEMENT - Oakhurst Plaza, Inc., and Ted & Peggy Anderson Foundation
Oakhurst Plaza - Tracts 1, 2 & 3
Page 1 of 3
6. If for any reason the City has not awarded a construction contract
within the time frame outlined in Item 4 above, then the City, will upon request
of developer, return the Twenty -Eight Thousand Five Hundred and no/100 Dollars
($28,500.00) plus 7.0% interest to the Developer. At such time as Tiger Lane
is constructed the adjacent lots will be assessed for pavement, curb and gutter,
driveway and sidewalk improvements in conformance with the assessment ordinance
in effect at the time.
7. The Developer 5haIl indemnify and save harmless and defend the City,
its officers, agents, and employees against any and all lawsuits, claims, demands,
liabilities, losses or expenses, including court costs and attorney's fees, for
or on account of any injury or 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.
8. The developer further agrees, in compliance with City Ordinance No. 17112,
to complete as part of this Agreement the Disclosure of Interests Form attached
hereto and labeled Exhibit "B".
9. 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, this the
day of , 19
ATTEST THE CITY OF CORPUS CHRISTI
By:
City Secretary. Ernest Briones, Acting City Manager
APPROVED: day of , 19 DEVELOPER: Oakhurst Plaza Inc.,
By: By: Ol ?a�vtcTi�
Assistant City Attorney Step en L. Smith, President
APPROVED:
OWNER: Ted M. Anderson, Peggy M. Anderson &
Ted & Peggy Anderson Foundation
By: By:y
James K. Lontos, P.E.
Assistant City Manager
,tou
AGREEMENT - Oakhurst Plaza, Inc., and Ted & Peggy Anderson Foundation
Oakhurst Plaza - Tracts 1, 2 & 3
Page 2 of 3
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 19
by Ernest Briones, Acting City Manager of the City of Corpus Christi, Texas.
THE STATE. OF TEXAS
COUNTY OF NUECES
Notary Public in and for the State of Texas
This instrument was acknowledged before me on 3
by Stephen L. Smith, President, Oakhurst Plaza Incorporated.
THE STATE OF TEXAS
COUNTY OF NUECES
Notarf •lic in.and forlthe Stateof.Texa>; ;.
r
strument was acknowledged before me on ')1-&J / , 19(r -6-
,
9(r-6, of the Ted and Peggy Anderson Foundation.
:077-.7;T-.1(2.'92.71--21122)
Notary Public in and for th State of Texas
BETTE D. MATSON
Notary Public, Stat of Texas
My Commission Expires - 7 - oVh
AGRE '' Oakhurst Plaza, Inc., and Ted & Peggy Anderson Foundation
Oakhurst Plaza - Tracts 1, 2 & 3
Page 3 of 3
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 answered. If the question is not applicable, answer with
"NA." See reverse side for definitions.
FIRM NAME• Ted and Peggy Anderson
STREET:
519 Everhart
CITY: Corpus Christi, Texas 71p. 78411
FIRM is: 1. Corporation ( X 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)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
mare 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
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
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that 1 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: Ted M. Anderso! Title President
4".431Y0
Signature of Certifying Person: ✓ F la . Date• -/.?.-.?z
•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 answered. If the question is not applicable, answer with
"NA." See reverse side for definitions.
FIRM NAME Oakhurst Plaza, Inc.
STREET: 2820 South Padre Island Drive CITY: Corpus Christi, Texas 71P -
FIRM is: 1. Corporation ( x )
4. Association ( )
78415
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)
N 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
N/A.
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
N�A
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
N/A.
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: Stephen L. Smith
(Ta Ircy.24il
Signature of Certifying Person:
Title. President
Date. 3 //-86
•
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• Ted and Peggy Anderson Foundation
STREET: 519 Everhart
FIRM is: 1. Corporation ( X )
4. Association ( )
CITY: Corpus Christi, Texas 71p. 78411
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)
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
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
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: Ted M Anderson Title. President
(T or Prt)
Signature of Certifying Person: r cc Date —�2— 6
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51
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 12, 1986
I certify to the City Council that $ 28,500.00 , the amount required for
the contract, agreement, obligation or expenditures oontenplated 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
220-82-1
Project Name
Tiger Lane: Weber Road to Flynn Parkway Dr.
fmm which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
Subject to deposit by
Oakhurst Plaza, Inc. of
$28,500.00
FIN 2-55 •
Revised ,7/3./6
3//1/ le 3>,7/Li
,hfozy 50o ,o0
/7, 19f'
u
Dir Finance
P
Corpus Christi, Texas
-22 day of
, 1984
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,
THE CITY F CORPUS CHRISTI, TEXAS
ouncil Members
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
19241