The URL can be used to link to this page

Home My WebLink About19444 ORD - 08/19/1986• TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH T & H DEVELOPMENT, INC. FOR THE CITY'S SHARE OF CONSTRUCTION COST FOR PAVING IMPROVEMENTS ON BRENTRIDGE DRIVE AND RIDGE VIEW DRIVE WHICH , BOUND THE DEDICATED PARK; APPROPRIATING $7,645.35; 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 T & H Development, Inc., developer of Cedar Ridge Unit 2, for the City's share of construction cost for paving improvements on Brentridge Drive and Ridge View Drive which bound the dedicated park, 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 $7,645.35 from the No. 220 Street Bond Fund applicable to Project No. 220-86-44-7.1, Cedar Ridge Unit 2 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 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 19th day of August, 1986. ATTEST: le))-S1 yry C C7 APPROVED: 11 DAY OF AUGUST, 1986 Ciey /CtCorn 08P.081.01 MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS 1244 M%GROf 11MED AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and T & H Development, Incorporated, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection G., has dedicated a portion of a 22.95 acre development known as Cedar Ridge Unit 2 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 Brentridge Drive and Ridge View Drive which bound 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 Seven thousand six hundred forty five and 35/100 Dollars ($7,645.35). 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 the Agreement, the Disclosure of Ownership Interests form attached hereto and labeled "EXHIBIT C". Park Agreement - Cedar Ridge Unit 2 T & H Development, Incorporated Page 1 of 2 yp, 5. The 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 Secretary APPROVED:/2 ,day of By: APPROVED: By: 19Z5� James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES THE CITY OF CORPUS CHRISTI By: Craig A. McDowell, City Manager DEVELOPER: T & H Development, Incorporated By: Bryan Tucker, President This instrument was acknowledged before me on by Craig A. McDowell as City Manager of the City of Corpus Christi, Texas19 THE STATE OF TEXAS COUNTY OF NUECES Notary Public in and for the State of Texas This instrument was acknowledged before me on by Bryan Tucker, President, T & H Development, Incorporated. Park Agreement - Cedar Ridge Unit 2 T & H Development, Incorporated Page 2 of 2 , 19 Notary Public in and for the State of Texas I 1 43 1 I Tei D)�� TC— I"1.2_O 44 � TI I PC ZS '7E7= Ica. Ica. IC I or 9 B. I+211. -I o-4SY RIDGE VIEW o o+qo TG= r1.3o— PT. 1+ "'i Z. -1Z--= -1•I0_-_i�. PI. O.O`D WINDY RIDCAE 3+I_.2-1 P-ioc.,1=. VIt=W c. -_ _..J .I— CMFJ_3, 5i. z,--?,...___ "T U'E. S Tc. = 110. So \ 38 1 1 37 36 35. 34 RC.. U+ BO_ 4I TG = I -1J30 _it C N' 3 z "EXHIBIT A" o.00 e, :Al J c -,C, 4,sµ1 .„..(1e$7 SECTION BOHEMIAN COLONY VOL A, PAGE 48 • Job No. 18492.21 - Date: 7-23-86 • I 1 I 2 1 3 4 1 5 1 6 1 7 1 :Cedar Ridoe Unit 2 2 :Park Participation 3 ITEM: DESCRIPTION 1--- 4 QUANTITY i QUANTITY IUNIT: UNIT : TOTAL +5% COST. 51 6 :Paving Improvements: 7 1 :Clearing and Grubbing I --i I 8 I 2 :Excavation 1----1 3 :2" HMAC 0.15 0.16 iAC : $125.00 $20.00 430 i 452 :CY $1.20 $542.40 1 426 447 :SY i $4.40 i $1966.80 10 4 :Prime Coat 426 : 447 :SY i $0.35 i $156.45 11 5 i6" Compacted Caliche 426 i 447 :SY $3.30 i $1475.10 12 6 :6" 'LCurb 232 244 iLE $5.80 i $1415.20 13 7 i4' Concrete Sidewalk 928 i 974 :SF $1.50 : $1461.00 I 14 8 :Barricade 15 0.5 0.5 iEA 1 $150.00 i $75.00 1 16 I ESTIMATED COST: 17 18 I 19 I 20 21 22 23 24 25 26 27 28 29 30 I 31 32 33 34 35 36 37 38 39 $7111.95 7.5%ENGINEERING $533.40 ESTIMATED CITY AMOUNT: $7645.35 • "EXHIBIZ.B" • CITY OF CORPUS CHRISTI / DISCLOSURE OF INTERESTS '. "EXHIBIT C" 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 ''A." Corporations whose hares re and or over -the- counter markets may file ascur current publicly d onal l stock h Securities listed Exchange Commission lForr10-K with the Citycin lieusof answering the questions below. See reserve side for definitions. FIRM NAME: CITY: ZIP'_ 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 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.' Nome Board, Commission, or Committee CERTIFICATE I certify that all information provided is true and correct as of the date of this ste temeillbnte thatproI ho a not knowtoi glle th withheld disclosure of any information requested; and that supplemental staCity of Corpus Christi, Texas as changes occur. Title: Certifying Person: nro•«Porti) Date: Signature of Certifying Person: 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 de& 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." CITY OF CORPUS CHRISTI, TEAS CERTIFIcPTICN OF FUNDS (City charter Article IV Section 21) July 30, 1986 co a Cr, G7 • I certify to the City Council that $ 7,645.35 , th? amount required for the contract, agreement, obligation or expenditures contemplated in the aboee 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. 220-86-44-7.1 Project Name Cedar Ridge Unit 2 Park Paving 7,1 from which it is paused to be drawn, and such money is not appropriated for any other purpose. (1-11A6, Ia— , 19 O& FIN 2-55 Revised 7/J31/69 /) �p�t 3� �p -yam � 511,24 c'ij Dire btor of Win ncey, Corpus Christi, Tex s / %f4 day of , 198{0 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 CIT 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 i94,14