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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