HomeMy WebLinkAbout19578 ORD - 12/23/1986AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E. H. MOORS
HOMES, INC., FOR THE CITY'S SHARE OF CONSTRUCTION COST,4;66:.
PARK PAVING IMPROVEMENTS ON CEDAR BROOK DRIVE, STONYC80
DRIVE, AND BOSTON DRIVE; APPROPRIATING $22,947.33; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with E. H. Moore Homes, Inc., developer of Stony Brook Unit 2
Subdivision, for the City's share of construction cost for park paving
improvements on Cedar Brook Drive, Stony Brook Drive, and Boston Drive abutting
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 $22,947.33 from the
No. 220 Street Bond Fund applicable to Project No. 220-86-44-9.1, Stony Brook
Unit 2.
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
reg ar meetings so that this ordinance is passed and shall okeffect upon
fi readwg
ing as an rygergency measure this the y' day of
, 1946
ATTEST:
City Secretary MAY
APPROVED: <14 DAY 0FFQ,,.,.649f^, 19 d6
HAL GEORGE, CITY ATTORNEY
By
Assistant Cit ,` torney
08P.214.01
Al
/v. r
THE CI OF CORPUS CHRISTI, TEXAS
/9578 MICROFILMED
•
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter
called "City", and E. H. Moore Homes, Incorporated hereinafter called "Developer".
WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance,
Section IV, Subsection G., has dedicated a 1.95 acre portion of a 16.78 acre tract
known as Stony Brook Estates 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 Cedar Brook Drive, Stony Brook Drive and Boston
Drive which bound the above described dedicated park. The improvements will be
constructed in accordance with the plans and specifications approved by the Depart-
ment 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 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 Twenty-two
Thousand Nine Hundred Forty-seven and 33/100 Dollars ($22,947.33). 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 - Stony Brook Unit 2
E.H. Moore Homes, Incorporated
Page 1 of 2
1'
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
APP OVED:7 tay of a te, , 19 AS
11eorte) CI -1 p-4drney
By, I.
S�City Attorney
THE STATE OF TEXAS X
COUNTY OF NUECES X
THE CITY OF CORPUS CHRISTI
By:
Craig A. McDowell, City Manager
DEVELOPER: E. H. Moore Homes, Incorporated
By:
E. H. Moore, President
This instrument was acknowledged before me on , 19
by Craig A. McDowell as City Manager of the City of Corpus Christi, Texas.
Notary Public in.and for the State of Texas
THE STATE OF TEXAS X
COUNTY OF NUECES X
This instrument was acknowledged before me
by E. H. Moore, President, E. H. Moore Homes,
Park Agreement - Stony Brook Unit 2
E. H. Moore Homes, Incorporated
Page 2 of 2
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corporated.
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Nota/y Zsublic in - d for/ he State of Texas
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:Park
Stoney Brook - Construction Allotments
2
3
4
151
6 7
1 :Clearing and Grubbing 0.61,: 0.64 :AC $125.00 i $80.00
2 :Excavation 1,533: 1,610 :CY i $1.25 : $2,012.50
3 :2"HMAC 1,322.: 1,388 :SY $4.50 : $6,246.00
4 :Prime Coat 1,322.: 1,388 :SY $0.35 : $485.80
5 i6"Cornpacted Caliche 1,322•: 1,388 :SY . $3.25 i $4,511.00
5 :6"'L'Curb 579•= 608 :LF . $5.85 i $3,556.80
6 :4'Concrete Walk 2,300': 2,115 :SF $1.50
7 :Barricade $3,622.50
1' 1 :EA i $375.00 $375.00
8 i5• Valley Gutter
193.i 203 :SF
:Construction Total
+7.5% Engineerin,
$2.25 i $456.75
:CITY PARK PARTICIPATION
$21,346.35
. $1,600.96
EXHIBIT "B"
$22,947.33
`7
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." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over-the-
counter markets may file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering
the questions below. Seereserve
.
side for definitions.
FIRM NAME: E. it /AOc2a . I`!-(�Y}7Q( �Y� C./ el, f (�
STREET s -q J • s -h )+'S CITY: °O2 75 ial&-) 71P• 72 /I `�
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
•
EXHIBIT 1'C"
FIRM is: 1. Corporation (t/
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 Deportment (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
V\ t ' .
CERTIFICATE
1 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: I-7:015191
Signature of Certifying Person
\o0
Title- :641
j�c�LDate• //— 141 — g�
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 com:nercial, 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."
CITY OF CORPUS CHRISTI, TEXAS
CEFTIFTCATION OF FUNS
(City Charter Article IV Section 21)
November 25, 1986
I certify to the City Council that $22,947.33 , 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 T.
Project Name
No. 220 Street Bond Fund
220-86-44-9.1
Stony Brook Unit 2
from which it is proposed to he drawn, and such money is not appropriated for any
other purpose.
Ci\3 , 19 RA
FIN 2-55
'Revised 7/31/69
402 g{)/000.a ._/�
Corpus Christi, Te as
2.34 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,
Council Members
The above ordinance was
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
99.045.01
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
passed by the following vote:
19578