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HomeMy WebLinkAbout19579 ORD - 12/23/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE CITY'S SHARE OF CONSTRUCTION COST FOR PARK PAVING IMPROVEMENTS ON DURANT DRIVE; APPROPRIATING $7,893.89; 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 the Corpus Christi Independent School District, developer of Blanche Moore School Subdivision, for the City's share of construction cost for park paving improvements on Durant 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 $7,893.89 from the No. 220 Street Bond Fund applicable to Project No. 220-85-44-16.1, Blanche Moore School Subdivision. 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 rul as to consideration and voting upon ordinances or resolutions at three reg ar meetings so that this ordinance is passed and shall ake effect upon fi readj,ng as an rgency measure this the day of , 19 obo . ATTEST: Ci y Secretary MAYOR THE CI ' OF CORPUS CHRISTI, TEXAS APPROVED: Lt DAY OF , 19 6 HAL GEORGE, CITY ATTORNEY By Assan"t City Attor ey 08P.216.01 1957s MICROFILMED 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 2.85 acre portion of a 14.32 acre tract known as Blanche Moore 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 Durant 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 Services. 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 eight hundred ninety three and 89/100 Dollars {$7,893.89). 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 - Blanche Moore School Subdivision Corpus Christi Independent School District Page 1 of 2 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 ,day of By: Aser-taut City Attorney' b THE STATE OF TEXAS COUNTY OF NUECES THE CITY OF CORPUS CHRISTI By: Craig A. McDowell, City Manager DEVELOPER: Corpus Christi Independent School District By: Dr. Arturo Medina, President of the Board of Trustees This instrument was acknowledged before me on by Craig A. McDowell as City Manager of the City of Corpus Christi, Texas. THE STATE OF TEXAS COUNTY OF NUECES , 19 Notary Public in and for the State of Texas This instrument was acknowledged before me onrby Dr. Arturo Medina, President of the Board of Trustee 19 �� fze,e Notaryinaanda r the State of Texas Park Agreement - Blanche Moore School Subdivision MARGARET Sountt Corpus Christi Independent School District Notary Public, E ekes County, Taxa? Page 2 of 2 My Commission Expires 3/31�8y „ . CONSTRUCTION COST ESTIMATE - BLANCHE MOORE SCHOOL SUBD. 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ITEM i DESCRIPTION 1 3 1 4 1 5 6 QUANTITY iQUAMTITY :UNIT: UNIT COST 7 TOTAL iPork Participation 1 iClearing and Grubbing 2 iExcovation 3 2” HMAC 0.14 0.15 iAC 644 i 676 :CY $150.00 i $22.50 4 :Prime Coat 426 : 447 5 i6" Compacted Caliche 6 i47f8i-i-ettrip t L.C.ork) 7 Concrete Walk 426 i 447 :SY 426 i 447 iSV 213 i 224 iLF 852 i 895 iSF *1.40 : *948.40 $4.40 i $1966.80 $0.35 i $156.45 83.50 i *1564.50 *6.00 $1344.00 $1.50 i $1342.50 ESTIMATED COST: $7343.15 7.5% Engineering *550.74 : Estimated City Amount : $7893.89 :"EXHIBIZ.B" Prepared8y: BLB :Date: 8-11-86 Checked6y: CU :Job No. 24646.02 1,0 IT OF CONS CUCTIO0 (T(171Gn11. GB 91.4 I Z• 96 09 TO - 1-1.'15 Pc TG • 19.65 �•aaa�s DURANT DRIVE '.w3111O14 .:i" Ek I amara -- • 9 2.5 11.1 ^_OI - 01 57)- - V' L GUEC .5-0 04% LAP,.OVIOE IN JPCS FOE.012././e_,...:(5 gI' /S F0.5CHO0L L_o .TI0NJ PER PL -AN py OTHEJe-S. SCHOOL SITE LOT 1 1'EXHIBIT A1I LIMIr of coN;-(Ku7lohl._,,7 PT 9746 14.99 19 TC.•p 90 PG 9TH+ • T. • .0 54.4- PJ.01us P01141 5TA .2.1 • 11 90 gxHJBrT I A 1' 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 "NA." Corporations whose shares ore publicly traded and listed on notional 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. See reserve side for definitions. FIRM NAME: ed' /" 5 Cita t51-1 — A:cle P,Ar e '-F / oa (_ �IS4). r c' - STREET. CITY 71P - FIRM is: 1. Corporation 4. Association ( ) 2. Partnership 5. Other (X ) .b/,c 3. Sole Owner StrhOl o, Sto N 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 iUGw0 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 1 certify that all information provided is true and correct as of the date of this statement, that I hove 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: be. 4 lLl h0 .123;501/.00 -Title. 4?-estcl eN /- Signature of Certifying Person: 4� ie".: Doter 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, 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, TERAS , CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 26, 1986 I certify to the City Council that $ 7,893.89 , the amount required for the contract, agnt,'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 No. 220 Street Bond Fund Project No. 220-85-44-16.1 ' Project Name Blanche Moore School Subdivision fmm which it is pi..pused to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 ' 0"1 ",7 1 1-/y . Corpus Christi, Texts 23Yd day of , 198.4 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 7t45/144, MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS The above ordinance was passe 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 99.045.01 19579