HomeMy WebLinkAbout19706 ORD - 04/03/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH HHARBOR
HYUNDAI, INC. FOR THE CITY'S SHARE OF THE COST OF STREET
AND DRAINAGE IMPROVEMENTS ON JOHANNA STREET FROM KOSTORYZ
ROAD TO BONHAM STREET; APPROPRIATING $36,470; 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 a
contract with Hharbor Hyundai, Inc. for the City's share of the cost of street
and drainage improvements on Johanna Street from Kostoryz Road to Bonham Street
coincidental with the development of Lots F-2 and F-3, Boulevard Acres
Subdivision, 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 $36,470 from the No. 220
Street Bond Fund applicable to Project No. 220-87-5.1, Johanna Street/Kostoryz
Road to Bonham.
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 contract 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
fir ) 4 refi ing as an emergency measure this the /LW day of
19
o ,
ATTEST:
City Secretary
O
APPROVED: L �- DAY 0
HAL GEORGE, CITY ATTORNEY
By
Assistant City ney
04P.073.01
MAYOdeottiliv,R
E CITY OF CORPUS CHRISTI, TEXAS
, 19 S-7
19706 MICROFILMED
AGREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES X
THIS AGREEMENT is entered into between the City of Corpus Christi, Texas,
hereinafter called "City" and Hharbor Hyundai, Inc., hereinafter called
Developer", and pertains to the City's share of the cost of street and drain-
age improvements on Johanna Street coincidental with the development of Lots F-2
and F-3, Boulevard Acres Subdivision.
WHEREAS, the Developer is required by the Platting Ordinance to dedicate
and construct a portion of Johanna Street contained within and adjacent to Lots
F-2 and F-3, Boulevard Acres Subdivision.
WHEREAS, the Developer is the owner of Lot E-1, Boulevard Acres Subdivision,
said lot was platted previously and the required street dedication was obtained
at that time but no street construction took place.
WHEREAS, the City has requested the Developer construct the full length of
Johanna Street from Kostoryz Road to Bonham Street and recognizes an obligation
towards a portion of the cost of this additional pavement construction. Said
construction is to be partially financed by assessments from adjacent property
owners.
WHEREAS, the Developer desires to have the plat signed by the City and acquire
a building permit for this development prior to construction of the required street
and drainage improvements if necessary, due to delays in the start of construction
as a result of the assessment process.
NOW, THEREFORE, the City and Developer agree as follows;
1. The Developer will finance and construct, or cause to be constructed
Johanna Street from Kostoryz Road to Bonham Street as shown on Exhibit "A". The
street section shall be constructed as 28' back of curb to back of curb with six
(6) inch curb and gutter, two (2) inches of hot mix asphaltic concrete surface,
eight (8) inches of caliche base and four (4) foot sidewalks on both sides and
will include a storm sewer system for drainage. The improvements will be
constructed in accordance with plans and specifications approved by the Depart-
ment of Engineering Services.
2. The City will reimburse the Developer the construction cost plus 7P%
engineering for the additional street construction in excess of the Developer's
prorata portion for the frontage of Lots E-1, F-2 and F-3 as shown on the attached
construction cost estimate marked Exhibit B. For purposes of this Agreement, the
amount of the City reimbursement to the Developer shall not exceed Thirty-six
thousand Four hundred Seventy and 00/100 Dollars ($36,470.00) based on actual con-
tract unit prices. The actual reimbursement will be adjusted according to the actual
construction cost after completion and acceptance of the work, but in no event shall
Johanna Agreement - Lots F-2 and F-3, Boulevard Acres
Hharbor Hyundai; Inc.
Page 1 of 3
/1----±-6 City will diligently initiate the procedures necessary for the adoption
of the assessment roll as soon as practicable hereafter, and shall there-
after continuously and diligently pursue the adoption of such roll, it
being agreed by the parties hereto that time is of the essence for the
construction of Johanna Street.
it exceed the above stated amount. The City's reimbursement to the developer -will
be made after completion and acceptance by the City of the improvements and will
not be subject to assessments to other fronting owners or the amount of assessments
obtained by the City.
3. City will assess the street construction costs in accordance with the
current assessment policy to all abutting property along Johanna Street not
owned by the Developer.. Construction shall not -•in until after the assessment
public hearing has been held and an assessmen :„..in
4 • adopted by the City council.*
and recordAK
4. The City agrees to sign/the Plat of� Boulevard Acres, Lots F-2 and
5'-3 prior to construction of the said street and drainage improvements if the
Developer has completed all other Platting.requirements including the water.line
construction prior to -the time'construction of the street and drainage improvements
,shall begin as .outlined in Item No. 3 above, and the Developer submits to the City
•a Letter of Credit in the amount of Twenty-three thousand. and. Fifty-nine and
00/100 Dollars ($23,059.00) for 'the Developer's prorata share of construction as
shown on Exhibit "B". In the•event the said street and drainage improvements are
not constructed and completed within six (6) months of the date construction shall
begin as outlined in Item No. 3 above, the City shall have the sole right to draw
upon the Letter of Credit for the purpose of constructing said street and drainage
improvements.
5. upon completion and acceptance of said street and drainage improvements
within the time limit specified under Item 4 above, the City agrees to return the
Letter of Credit to the Developer.
6. '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".
7. 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 attorney's
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; provided
however, that if City shall participate in any such contributory acts or omissions
then the loss, injury, damage or expense arising therefrom shall be borne by the
parties hereto equally. Developer's obligation under this indemnity provision
shall terminate upon the performance of the terms of this agreement which shall be
deemed completed upon acceptance of the project by the City Engineer.
8. The Agreement shall.become
inure to the benefit of the parties
and assigns from-and.after.the date
Johanna Agreement - Lots F-2 and F-3
Hharbor Hyundai,_ Inc.
Page 2 of 3
effective and shall be binding upon and shall
hereto and their.respective heirs, successors
of execution.
, Boulevard Acres
EXECUTED IN DUPLICATE, this the
I day of 11(,A4C(t 1987
ATTEST: "
City Secretary
APPROVED: day of
- Hal George, City Attorney
By:
"Asst. City Attorney
THE STATE:OF TEXAS = ., L:•
I
COUNTY' OF NUECES I
This instrument was acknowledged before me on
by Craig A. McDowell as City Manager of the City of Corpus Christi, Texas. 19
, 19.
THE CITY OF CORPUS CHRISTI
By:
Craig A. McDowell, City Managed
DEVELOPER: HHARBOR HYUNDAI, INC.
By:
Do
ingo Va J
sides
Notary Public in and,for the S.tate..of Te;
THE STATE OF TEXAS I
COUNTY OP ta;ia:CgS I
This instrument was acknowledged before me
by DOMINGO VARA, JR., President, of HHARBOR
on behalf of said corporation.
corporZ^
State of Texas
9.30.89
Notary Public in and for the State of Tex
Johanna Agreement - Lot F-2 and F-3, Boulevard Acres
Hharbor Hyundai, Inc. -
Page 3 of 3
18
I
N
NO
I U7
0i
OR
Existing
:Pavement
Boulevard Acres
.Lots F2, F3
0I
1A
O
EXHIBIT "A"
JOHANNA STREET IMPROVEMENTS
CONSTRUCTION COST ESTIMATE
TOTAL PAVING AND STORM SEWER
Construction
DEVELOPER'S Portion Paving Construction
Developer's Portion Storm
Sewer Construction (50%)
City's Portion Storm
Sewer and Paving
Construction
$55,376
(17,012)
(4,438)
$33,926
7.5% Engineering 2,544
Total City Reimbursement
to Developer $36,470
- Developer's Portion Storm
Sewer and Paving Construction
7.5% Engineering
Total Developer's Prorate Portion
$21,450
1,609
$23,059
Exhibit "B", Page 1 of 3
,(
•
JOHANNA STREET IMPROVEMENTS
•(Kostoryz Road to Bonham Street)
PROPOSAL BID ITEMS
Street and Storm Sewer Items
1. 6" Curb and Gutter 1,488 LF
2. 4" Curb and Gutter • 25 LF
3. 4" Sidewalk 6,304 SF
4. 6" R/C Driveway 458 SF
5. 8" Caliche Base 2,031 SY
6. 2" HMAC 2,031 SY
7. Excavation 2,031 SY
8. Street Sign 2 EA
9. Fence Remove/Relocate
Opposite Lot "D" as
Indicated in Plan 1. LS
10. 15" Reinforced Concrete
Pipe (RCP)
11. 18" RCP
6.00
6.00
1.65
3.50
3.85
8928.00
150.00
10401.60
1603.00.
7819.35
5.00 10155.00
3.00 6093.00
175.00 350.00
1000.00 1000.00
•
28 LF 17.00 476.00
373 LF 18.50 6900.50
12. 5' Inlet 2 EA
•Developer's Portion of Paving Construction
1. 6" Curb and'Gutter 599.03 LF
2. 4" Sidewalk 2,396.12 SF
3. 8" Caliche Base
4. 2" HMAC
5. Excavation
798.70 SY
798.70 SY
798.70 SY
750.00 1500.00
Total 555 976 4S
$6.00
1.65
3.85
5.00
3.00
$3,594.18
3,953.60
3,075.01
3,993.50
2,396.10
$17,012.39
Exhibit "8", Page 2 of 3
Develo
er's Portion of Storm Sewer Construction
Frontage Apportionment For Storm Sewer:
Lot 2, Boulevard Acres Annex
Lot 1, Boulevard Acres Annex
Lot F-3, Boulevard Acres
Lot F-2, Boulevard Acres
Lot E-1, Boulevard Acres
Lot D, Boulevard Acres
- 0 -
.e25' Portion closed Johanna St.
- o -
524.65 IF
-0-
221.40
141.90
161.90
,_Lot 46, Block 3, Ventura Plaza
- 0 -
1,049.85 :LF
_Developer's Portion(Lots F-3, F-2, and E-1) = 525.20 LF
Developer's apportionment = 525.20/ 1,049.85 = 50%
Total Cost of Storm Sewer Construction (15" RCP, 18" RCP and Inlets)
= $8,876.50
Developer's Portion= 50% :$8,876.50 = $4,438.25
Exhibit "B", Page 3 of 3
r
CITY OF CORPUS CHRISTI
1 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 shores 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. See reserve side for definitions.
FIRM NAME: Hfi/41BOZ H YMVO A: ING .
% �t�.l,a,-cl L. eery l
STREET 11600 F-asi- 13anlc Towel- CITY• - w Anfek to '7 ..s 71p• 14,2_0s-
FIRM
82OSFIRM is: 1. Corporation (k) 2. Partnership ( ) 3. Sole Owner ( )
4. Association ( ) 5. Other ( )
DISCLOSURE QUESTIONS
0 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 Chnst, having en "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
NIR -
CERTIFICATE
1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld shsclosure of any information requested: and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texas as changes occur.
Certifying Person: bowt•l/JGO LRAe.� 3-2 Title• PQfs%f/E T
Signature of Certifying Person:^
Dew MA2Cet /7, /1$7
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)
March 27, 1987
I certify to the City Council that $ 36,470.00 , 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 '
No. 220 Street Bond Fund
Project No. 220-87-5.1
Project Nom; Johanna Street/Kostoryz Road to Bonham
frau which it is proposed to be drawn, and such money is not appropriated for arry
other purpose.
FIN 2-55
t a Se (o1 4.1i 9
X9/7
, 1987
Corpus Christi, Texas
/L()t1'1 day of JALL , 1981
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,
MAYOR
99.045.01
Council Members
The above ordinance was passed
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
THE CITY OF CORPUS CHRISTI, TEXAS
y the following vote:
19706