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Home My WebLink About19379 ORD - 07/08/1986TEXAS: • AN ORDINANCE AURIZING THE OFTHOCONSTRUCTIONXECCOSTN TS OFFORREEPAVINGENTS FOR SHARE IMPROVEMENTS ON DRIVE, BOUNDING THEPARK PAVINGAMPTON IMPROVEMENTS ON CIMARRON BOULEVVARDTED COINCIDENTALD WITTH SCHOOLTHE DEVELOPMENT OF THE KAFFIE IVISION; APPROPRIATING $82,132.07; AND DECLARING ANEMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute City's i agreements with of the constructionus Christi costs Independent orpavinghoomp paving District nt pro ondinBrocfor the khampton Drive, bounding the dedicated park and for paving improvements on Cimarron Boulevard coincidental with the development of the Kaffie School Subdivision, 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 $8,674.28 for the park paving improvements and $73,457.79 for the CimarronBoulevard o Ppaving improvements from the No. 220 Street Bond Fund applicable No. 220-85-17.1, Kaffie School Tract. 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 ordinances susor pension of the at harter rule as to consideration and voting upon feirstareadingnas ano emergency sm asure this �ths ea8th dday ofand sJuly, t1986.effect upon that ordinance ATTEST: City Secretary APPROVED:// .4 DAY OF JULY, 1986 ity 'ttorney 06P.172.01 R THE CITY OF CORPUS CHRISTI, TEXAS 19379 MICROFILMED AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and the Corpus Christi Independent School District, hereinafter called "Developer", and pertains to the City's share of the cost for paving improvements on Cimarron Boulevard coincidental with the development of the Kaffie School Subdivision. WHEREAS, the Developer desires to dedicate and construct a portion of Cimarron Boulevard contained within and adjacent to Kaffie School Subdivision. WHEREAS, the City recognizes an obligationthetowars on orti nonfBthe eecost. ost of the additional pavement section requested byCity NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer will finance and construct, or cause to be constructed, one-half the ultimate width of Cimarron Boulevard in conjunction with Kaffie School Subdivision, as shown oynthey Platting Ordinance and six (6) inches walks and six (6) inch curb and gutter as required by City of lime stabilized subgrade, nine (9) inches of lime stabilized caliche base and five (5) inches of hot -mix asphaltic concrete surface in lieu of eight (8) inch caliche base and two (2) inch hot -mix as the minimum requirement of the City Platting Ordinance. 2. The City will reimburse the Developer the construction cost plus 71/2% engineering for the additional pavement section required on Cimarron Boulevard contained within Kaffie School Subdivision in excess of the minimum requirements For purposes of this Agreement, the amount of City of the City Platting Ordinance, as shown on the attached construction cost estimate marked Exhibit elo P p reimburse- ment to the Developer shall not exceed Seventy three thousand four hundred fifty seven and 79/100 Dollars ($73,457.79). The actual reimbursement will be adjusted no according to the actual construction cost after completion of the work, but event shall it exceed the above stated amount. The City's reimbursement no the Developer will be made after completion and acceptance of the improvements. 3. The Developer 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". Cimarron Agreement - Kaffie School Subdivision Corpus Christi Independent School District Page 1 of 3 84- n 4. The Developer further agrees to indemnify and save harmless and defend thed employees Citys of Corpusls, Christi, s, officers, agents liabilities, lossesnor expenses,aincludingainst yc court all lawsuits, claims, demands, person, or costs and attorneys' fees, for or on account of any oriaj�unayettoany anypproperty, any death at any time resulting from such injury, 4 which may arise or which may be alleged to have arisen out of or in connection with this project. 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 • THE CITY OF CORPUS CHRISTI ATTEST City Secretary APPROVED: day of ' 19__ By Assistant City Attorney APPROVED: By: James K. Lontos, P.E. Assistant City Manager By: Craig A. McDowell, City Manager DEVELOPER: Corpus Christi Independent School District By: Cimarron Agreement - Kaffie School Subdivision Corpus Christi Independent School District Page 2 of 3 Dr. Arturo Medina, President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by Craig A. McDowell, City Manager of the City of Corpus Christi, Texas. , 19 Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19 by Dr. Arturo Medina, President, Corpus Christi Independent School District. Notary Public in and for the State of Texas Cimarron Agreement - Kaffie School Subdivision Corpus Christi Independent School District Page 3 of 3 22 • 4'�•0 J0 28 - TRACT .1 TRACT 2 TRACT 3 TRACT 4 TRACT 5 TRACT 6 Ll.3rr_ ,6014 e* pGa 4\"A �� P I9 1 0 PARK • BRIGHTON . VILLAGE UNIt, 4 Adel. 91 LIVERPOOL LANE, 51110744' 17 4 FF 5.600195E. 256 .�LCEioN_ LIPE5 T 2—ST„61.s• 6v.nd l �P F r� N. 01°014' 32 ci, E7 SELT __a ,‘. , Jae. ,L, ., 1 uS oaawn6E R.ov+ 6 t\ PR -- -------7- 6014 ociS 8 .EXHIBIT IA I 2 1 3 :Kaffie School Tract Peimbureement 4ls 6 7 ITEM :DESCRIPTION :QUANTITY :QUANTITY UNIT : UNIT COST TOTAL AMOUNT 1 24 :Section 0 - Cimarron Extra Depth 1 25 1 iA. City Required Pavement Section 26I 1 :Excavation 5,659 6,152 cy *1.70 I 28 1 3 i9" Caliche Baee 7,060 6,840 i 7,413 i 7,182 I 27 11 2 :6" Lime Stab. Subgrade 29 1 4 i3" Type 6 'VAC -6,401 i 6,721 30 1 31 :Sub -Total A: 1 33 I :8: Plotting Ordinance, Minimum Requiremente. 1-3-4—i 1 :Excavation 5,100 : 5,355 SY $1.70 SY $5.10 35 I 2 i6" Caliche Baee 6,401 i 6,721 1 36 1 37 iSub-Total 6: 36 1 SY $5.85 *10,456.40 1 *12,602.10 *36,628.20 $39,317.85 1 *99,006.55 1 1 CY $1.70 SY *4.50 *9,103.50 1 *30,244.50 I *39,346.00 I [39 • • 1 40 :Section 0 Extra Depth Coet (A -B) 174 rT-Ti iPaving Ira Total (Section A + Section 0) *59,656.55 43 1 Engineering 44 :TOTAL 45 F4lE1 47 k 1 48 1 49 1 EXHIBIT "B" 50 I I 51 . I I 52 53 I 1--1 54 i 1—gT11 56 1 57 I 53 I 59 60 *5,124.96 1 *73,457.79 1 • i •EXHIBIT "C" CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance17112, 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, aor over-the- nswer with "A." Corporations whoseed and ted on tional counter markets may file as currentSe uritiesares re yanddsExchangeCommi Commission ron Form10--K with the City nregional stock exchalieusof answering the questions below. See reserve side for definitions. FIRM NAME: STREET:__ FIRM is: 1. Corporation 4. Associotion ( 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) P: CITY: 2. Partnership ( ) 3. Sole Owner ( ) 5. Other ( ) 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." Board, Commission, or Committee Nome 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: Signature of Certifying Person: nrr.•r. "'", Title: Date: DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: o. "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 entities 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." AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and the Corpus Christi Independent School District, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection G., has dedicated a portion of a 23.56 acre development known as Kaffie School Subdivision for use as Parks and Playgrounds; and NOW, THEREFORE, the "City" and the "Developer" agree as follows: 1. The "Developer" will construct certain improvements for and on behalf of the "City" including pavement on Brockhampton 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 and Physical Development. 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 prorata share of the above described construction cost plus engineering as is shown on the attached 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" reimbursement to the "Developer" shall not exceed Eight thousand six hundred seventy four and 28/100 Dollars ($8,674.28). 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. 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 C". Park Agreement - Kaffie School Subdivision Corpus Christi Independent School District Page 1 of 2 S. 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 THE CITY OF CORPUS CHRISTI ATTEST By: City Secretary Craig A. McDowell, City Manager APPROVED: day of , 19 DEVELOPER: Corpus Christi Independent School District By By: Assistant City Attorney Dr. Arturo Medina, President APPROVED: By James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19 by Craig A. McDowell, 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 19 by Dr. Arturo Medina, President, Corpus Christi Independent School District. Notary Public in and for the State of Texas Park Agreement - Kaffie School Subdivision Corpus Christi Independent School District Page 2 of 2 IO' U.E - 635.00' 1,1;! REMOvE Ex19T. BARR1GAo F0. NAIL IN ASPHALT u.E. • 20.3 20.2 20.1 20.3 PARK \A\ LOT 1 \ ,2 20.2 20.1 2011 20.3 20.9 216 IJc, G STA• . 40 Tc. - 20.35 20.1 20.1 T.G. - 18. 00 22 05 22.05 21.35 21.9 21. I?T. fi- 36. 3 STP.q+33 TC.:IB IB PC. Tv• 8- T.C•= 18.30 21.5 22.2. FO. AXLE 21.85 21.45 GpIAT PILE \ zL9s zz.is 20.3 20.0 • 20.2 20.3 ! 20.2 22.2 20.4 22.35 m 20.0 20.2 20.1 20.2 20.2 BTA. G•9G11 TG. = IB.DO 12' WIDE BLIES LANE WITH l0' TIED'SI�EWaLK 20. 20.2 20:1 zo.2 20.0 20.1 R.c. 5-na. t l3 -tc.=18.24 20.0 .. 19.0 19. Ili 20.0 19.9 20.0 20.0 19.0 S 61'07 ' 45 19.9 20.2 20.1 20.2 19.9 EXHIBIT "A' 1110 1 i2 1 3 1 4 5 1 6 :kaffi •• e School Tract Reimbursement l21 3 (ITEM DESCRIPTION I 4 1 • +5% 151 i 1-----i 6 Paving improvements ' 8 I :Section A - Park Frontage �r 9 j 1 :Clearing and Drubbing 0.17 0.16 :AC $,250,00 045.00 110 1 :CCCaVatiGn 530 557 :C'i 01, 70 $946.90 i 11 I 3 i6" Caliche Ease 482. 506 :SY $3.50: 01,771.00 I 1 12 { 4 :Prime Coat 462 i 506 :SY $0.30 i 0151.60 f i 3 1 5 :2" HMAC 4c2 506 :SY ,,4.00: $.2, 024.00 14 6 i6"L-C_!rb 241 i 253 :LF $5.80 i $1,467.40 I 15 I 7 :4' Sidewalk 964: 1,012 :SF $1,50 61,518.00 16 I 8 :Subcrade Density 2 . 2 :EA . 025.00. $50.00 I y—� 2 2 :EA . 0`025.00. $50, 00 Iii7-�1 9 :Caliche Oenelty Q, s, 045.00 1 18 I 10 :Concrete Cylinder 1 : 1 :EA v.5.• 0 19 I 1 20 1 $8,065.10 I �secticn A Construction Coot $605.18 I 21 i+7.5% Engineering I :Section A Sub -Total $6,674,28 1 :_t ;QUANTITY :QUANTITY :UNIT i UNIT COST :TOTAL AMOUNT EXHIBIT "B" '• = • _`""� CITY OF CORPUS CHRISTI EXHIBIT "C" `1 4 DISCLOSURE OF INTERESTS '47City of Corpus Christi Ordinance n17112, 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 "A." Corporations whose hares are l stock or over -the- counter markets may file ascur current Securities ytraded listed or andExchangeCommission Form 10-K with the C tycin I eusof answering the questions below. See reserve side for definitions. FIRM NAME: CITY: 11P:._.—� STREET: 2. Partnership ( ) 3. Sole Owner ( ) FIRM is: 1. Corporation ( ) 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 on "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 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 informotion requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person: nyp, or Pr.') Title: Dote: DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: 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 entities 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, Deportment 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." CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 30, 1986 the amount I certify to the City Council that $.32,332_03---, a2 3,2o3 t contemplated t, obligation or expenditures the contract, a9ree�1 of the City of Corpus and foregoing ordinance is in the Treasury credit of: Fund No. and Name No project No. Project Name 220 Street Bond Fund OJ T requi ed Or c �9 in theoabo" Christi to"the c9 coco from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 'Revised 7/31/69 Ys1( o ,� %��/g /„ %hMP Corpus�jChristi, Te� p i( day of f 19$14L 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 pass by the following vote: Luther Jones Dr. Jack Best / _ David Berlanga, Sr. 1. . Leo Guerrero Joe McComb Frank Mendez 1 Bill Pruet •_. Mary Pat Slavik / Linda Strong I. 19379