HomeMy WebLinkAbout028266 ORD - 08/18/2009Page 1 of 2
AN ORDINANCE
APPROPRIATING $150,488.43 FROM THE BOND 2008, STREETS
DEVELOPER PARTICIPATION FUNDS TO REIMBURSE GRACE
UNITED METHODIST CHURCH FOR THE CITY'S PORTION OF THE
COST FOR THE EXTENSION OF RIVER HILLS DRIVE, AS SPECIFIED
IN THE PARTICIPATION AGREEMENT; AND DECLARING AN
EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $150,488.43 is appropriated from the Bond 2008, Streets Developer
Participation Funds, to reimburse Grace United Methodist Church for the City's portion
of the cost for the extension of River Hills Drive, as specified in the Participation
Agreement.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 18th of August, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: August 10, 2009
B
eborah Walther Br
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Joe Ad�
Mayor
028266
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12009 Agenda18-181ORD-AppropBond2008-GraceUnitedMeth-RiverHillsParticAgmt.doc
'Page 2of2
Corpus Christi, Texas
Day of
, 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Ad me
Mayor
gela,w,e
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kiesch n i ck
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12009 Agenda\8-181GRD-AppropBond2008-GraceUnitedMeth-RiverHillsParticAgmt.doc
t
PARTICIPATION AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES §
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas
Home -Rule Municipal Corporation, P. 0. Box 9277, Corpus Christi, Texas 78469-9277,
hereinafter called "City" and Grace United Methodist Church, (Developer), 11222
Leopard Street, Corpus Christi, Texas 78410 hereinafter called "Developer".
WHEREAS, Developer is developing a subdivision known as, Nueces River
Irrigation Park, Block 2, Lot 2A containing 6.862 acres of land located south of
Northwest Boulevard (FM 624) and east of the River Hill Drive extension, as shown on
attached location map, Exhibit 1 (attached and incorporated); and
WHEREAS, the Developer has submitted construction plans that show the extent
of the improvements; and
WHEREAS, Developer is required to extend River Hill Drive south across
Northwest Boulevard(FM 324) to its south boundary line as a condition of platting (the
"Roadway Extension"); and
WHEREAS, it is in the best interests of the City to have a public street
infrastructure installed by the Developer in conjunction with the Developer's project; and
WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a
municipality to make a contract with a developer of a subdivision or land in the
p y
municipality to construct public improvements related to the development;
NOW, THEREFORE, in order to provide a coordinated public street
construction project, the City and Developer agree as follows:
The Developer will construct the Roadway Extension for and on behalf of the City. The
is
public roadwayrequired to be constructed in accordance with the plans and
specifications approved by the City Engineer.
The g
Developer agrees to dedicate the bulk of the required 60 -foot of right-of-way of the
p
public roadway,River Hill Drive. The Developer is required to pay for half of the costs
to construct the Roadway Extension. The City is required to pay for the other half of the
construction costs.
For its share of the Roadway Extension construction and Owner/Developer's credit for
the additional right-of-way, as depicted on Exhibit 2(attached and incorporated) the
total that the City must pay is an amount not to exceed $150,488.43.
Participation Agreement
River Hill Drive Extension
Page 1 of 7
Exhibit A
The City will reimburse the Developer in the following manner:
Upon final acceptance of the Roadway Extension by the City Engineer, the City
will pay Developer an amount not exceed $150,488.43..
In accordance with Section 212.073, Texas Local Government Code, Developer must
execute a performance bond for the construction of the improvements to ensure
completion of the project. The bond must be executed by a corporate surety in
p p
accordance with Chapter 2253, Texas Government Code.
DEVELOPER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES,
AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY,
DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF
ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED
FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON
INCLUDING,
WITHOUT LIMITATION ON THE FOREGOING, WORKERS
COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE
OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY,
DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED
BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR
REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION,
INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR,
RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE DEVELOPMENT OF THE ROADWAY EXTENSION
OF RIVER HILL DRIVE, INCLUDING THE INJURY, LOSS OR DAMAGE
CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE
INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE
INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR
OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE
CONTRIBUTING TING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR
ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF
INDEMNITEES OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF
LITIGATION COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR
ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE
ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES
TERMINATION OF THIS AGREEMENT.
In compliance with City of Corpus Christi Ordinance No. 17112„ Developer agrees to
complete the Disclosure of Ownership Interests form Exhibit 3 (attached and
incorporated).
This agreement becomes effective and binding upon, and inures to the benefit of, the
patties hereto and their heirs, successors, and assigns from and after date of execution.
Participation Agreement
River Hill Drive Extension
Page 2 of 7
EXECUTED in duplicate this day of , 2009 •
Grace United Methodist Church
("Developer")
11222 Leopard Street
Corpus Christi, Texas 78410
By•
Name. Title
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of
2009, by
in the capacity herein stated and as the act and
deed of said entity.
NOTARY PUBLIC, STATE OF TEXAS
Participation Agreement
River Hill Drive Extension
Page 3 of 7
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By: By:
ARMANDO CHAPA, ANGEL R. ESCOBAR
City Secretary City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of
CITY OF CORPUS CHRISTI, a
ANGEL R. ESCOBAR, City Manager for the
2009, by
Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This day of , 2009.
By:
Deborah Walther Brown
Assistant City Attorney
for the City Attorney
Participation Agreement
River Hill Drive Extension
Page 4 of 7
cn
7i
C ♦A
O
j
z
1
NorthWE l TI
Y ! ;) Ko746 eE Fd. S/S LR'
1rs:s7;:s;---;;AC
1= - is) yp°M132 i ro11
Fat 1" 1.R.
F
rtld3
°41f
DEril 1
0 ; Avg Fg n
Oz op . gz n
E t � =u a :, o � a �
g!.E D it hjf
i _ u
M
Eo d�i$ z1
c� eE oCC
■ II" 211 gel II!
+vnr1. omN
i; c
c t$ bb$yo i; gruff 8
tl � 63 P. 7
V
� C P
V � Py i o � N n � .a�
Se
tiv
g 1 O 40.!!
v 01 1
wi H f ri ip
to
y1
LJ
1s,0$
,&1Si ikla,iIASN
+enol IwnsO4404/IN $
4w1 ' bd •F 'PA
1.4 ssoenti
.y�
E ��qA 'E 101 1A
r
v �
11
16-11
ZiE
wig
tnis
o
w p
„c s R
w
F
x
isecpb
110
iliAl
fre;t
fraf
os i1
111/
$''11
.11 5
baa
4144
lzh21,1,61 (___,
A2 I-
1
s
c
y
00
2
1
EXHIBIT 1
Participation Agreement
River Hill Drive Extension
Page 5 of 7
A
Eng: Murf Hudson. P.E.
By: G.R.R.
COST ESTIMATE July 1, 2009
for Job No. 32318.A9.01
PAVING PARTICIAPTION
LOT 2-A, BLOCK 2
NUECES IRRIGATION PARK
ITEM
DESCRIPTION
QUAN. 1 UNIT
UNIT
PRICE
TOTAL
COST
A. PAVING IMPROVEMENTS:
1
2
Clear and Grub Right of Way _
Roadway Excavation/Embankment
3 2" HMAC Including Prime Coat
4
0.65
3,366
AC
CY
$2,000.00 1 $1,300.00
2,324
SY
$3.6-r $12,285.90
$13.00 1 $30,212.00
8" Limestone Base TY A, GR 1
8" Lime Stabilized Subgrade
6
7
6"'L' Curb
Street Sign
Standard Street Barricade
2,883 L SY
3,019 SY
982
LF
11 EA
1 EA
$15.00 i _ _ $43,245.00
$3.50 $10,566.50
$14.00 $13,748.00
$750.00
$1,200.00
$750.00
$1,200.00
B. STORM SEWER IMPROVEMENTS:
36" RCP
24" RCP
4
5
18" RCP
OSHA Trench Protection
5' Slot Inlet
7
9
10
Junction Box
PAVING SUB -TOTAL:
$113,307.40
79 LF
2471 LF
78
LF
4041 LF
4.1 EA
2 EA
$75.00
$40.00
$32.50
$2.00
$2,200.00
$5,000.00
$5,925.00
$9,880.00
$2,535.00
$808.00
$8,800.00
510,000.00
Temporary S.E.T. 3:1 @ End of 36" RCP
24" RCPx90' Entrance Culvert w16:1 S.E.T. Ea. End 1
30" RCPx90' Irrigation Canal w/3:1 S.E.T. Ea. End 1
1,795
1 1 EA
Off-site Temporary Swale Excavation
C. MISCELLANEOUS:
1 Storm Water Pollution Prevention Plan
LS
LS
CY
$3,000.00.
$9,600.00
$12,500.00
$3.50
STORM SEWER SUB -TOTAL:
$3,000.00
1
1
General Conditions, Bonds and Insurance
Traffic Control
1
LS
LS
LS
$9,600.00
$12,500.00
56,282.50
$69,330.50
$5,000. D0 1 $5,000.00
$20,000.00 1 $20,000.00
$2,500.00 $2,500.00
MISCELLANEOUS SUB -TOTAL:] $27,500.00
1
CONSTRUCTION COSTS SUB -TOTAL:
1 CONTINGENCY 10%:
$210,1.37.90
$21,013.79
D. ENGINEERING AND ADMINISTRATION
1 Civil Engineering 10%
2 Geotechnical Report
Topographic Survey
Construction Surveying
TOTAL CONSTRUCTION COST:
8231,151.69
TOTAL ENG. AND ADMIN.:
$23,115.1f
$3,000.00
$2,500.00
TOTAL PROJECT COST:
$6,500.00.
835,115.17
$266,266.86.
DEVELOPER 1 CITY PORTION OF PARTICIPATION AGREEMENT c 50%:I $133,133.43
Urban Engineering
2725 Swantner
Corpus Christ, TX 78404
1-361-854-3101
EXHIBIT 2
1 of 2
Participation Agreement
River Hill Drive Extension
Page 6 of 7
A•
Eng: Murf Hudson, P.E.
By: C.R.R.
ITEM DESCRIPTION
COST ESTIMATE
for
PAVING PARTICIAPTION
LOT 2-A, BLOCK 2
NUECES IRRIGATION PARK
July 1; 2009
Job No. 32318.A9.01
QUAN. UNIT [ UNIT TOTAL
PRICE COST
ADDITIONAL PUBLIC IMPROVEMENTS NOT•PART OF PARTICIPATION AGREEMENT
A. CITY FUNDED IMPROVEMENTS:
1
$60,000.00
Signalization 1 I LS
TOTAL CITY FUNDED ITEMS:
$0.00
$60,000.00
B. DEVELOPER FUNDED IMPROVEMENTS:
1 [Reinforced Concrete (Driveways) 680 SF $5.00 $3,400.00
112 LF $4.00 $448.00
4' Concrete Sidewalk (One Side Only) 1,900 SF $5.00 $9,500.00
Accessible Ramps 4 EA $500.00_ $2,000.00
2
3
4
6" Block Curb
TOTAL DEVELOPER FUNDED ITEMS: $15,348.00
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101
2 of 2
Page 7 of 7
H:1LEG-DIRISHAREDILEGAL-DEV.SVCS120O9 AGENDAI8-181NUECES RIVER IRRIGATION PARK.BLOCK 2.LOT 2A PARTICIPATION AGRMT GRACE UNITED
CHURCH 081809 DOC
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
1, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money
required for the current fiscal year's portion of the contract, agreement, obligation or expenditure
described below is in the Treasury to the credit of the Fund specified below, from which it is to be
drawn, and has not been appropriated for any other purpose. Future payments are subject to
annual appropriation by the City Council.
City Council Action Date: August 18, 2009
Agenda Item:
Ordinance appropriating $150,488.43 from the Bond 2008, Streets, Developer Participation funds to
reimburse Grace United Methodist Church for the City's portion of the cost for the extension of
River Hill Drive, as specified in the Participation Agreement.
Amount Required:
Fund Name
Fund
No.
Org. No.
Account No.
Project No.
Amount
Bond 2008, Streets,
Developer Participation
3546
00000
550910
E06528
$150,488.43
S
S
S
Total
Q Certification N^uired
Director of Financial Services
Date: g - cp5'
$150,488.43