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Home My WebLink About08171 ORD - 09/14/1966II8:JKH:9 -9 -66 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH HULEN H. HUNT, DEVELOPER OF LEXINGTON PARK SUBDIVISION, WHEREBY THE CITY AGREES TO REIMBURSE THE DEVELOPER FOR THE INSTALLATION OF OVERSIZE AND OVERDEPTH SANITARY SEWER LINES, IN ACCORDANCE WITH THE PLATTING ORDINANCE, AND FOR ONE -HALF THE COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK AND FOR STREET IMPROVEMENTS ON A PORTION OF WILLIAMS DRIVE, ALL AS MORE FULLY SET FORTH x IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $8,569.01, OF WHICH AMOUNT $2,577.66 IS FOR THE SEWER LINE, APPLICABLE TO PROJECT NO. 250- 64 -51, AND $5,991.35 IS FOR THE STREET IMPROVEMENTS AROUND THE PARK, AND INCLUDES A PORTION OF WILLIAMS DRIVE, APPLICABLE TO PROJECT NO. 220 -61 -81.8; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH HULEN H. HUNT, DEVELOPER OF LEXINGTON PARK SUBDIVISION, UNIT 1, WHEREBY THE CITY AGREES TO REIMBURSE THE DEVELOPER FOR THE INSTALLA- TION OF OVERSIZE AND OVERDEPTH SANITARY SEWER LINES, IN ACCORDANCE WITH THE PLATTING ORDINANCE, AND FOR ONE -HALF THE COST OF STREET IMPROVEMENTS r AROUND THE DEDICATED PARK AND FOR STREET IMPROVEMENTS ON A PORTION OF WILLIAMS DRIVE, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $8,569.01, OF WHICH AMOUNT $2,577.66 IS FOR THE SEWER LINE, APPLICABLE TO PROJECT No. 250- 64 -51, AND $5,991.35 IS FOR THE STREET IMPROVEMENTS AROUND THE PARK, AND INCLUDES A PORTION OF WILLIAMS DRIVE, APPLICABLE TO PROJECT No. 220 -61 -81.8. SECTION 3. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT SO THAT CONSTRUCTION MAY BE BEGUN WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND 8171 4 - HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT F OM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF SEPTEMBER, 1966. ATTE �� l MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CIT SECRE ARY APPROVED AS TO LEGAL FORM THY 1�r DAY OF SEPTEMBER, 1966: �kz Z4 �' CITY AlrTOROeY 13 �ax,eT Y. THE STATE OF TEXAS, t ccxrlT+( of NucES WHEREAS, HULEH H,'HUMTR HEREINAFTER CALLEO ~OF99LOPER "', HAS PLATTEOj OR WILL #LATj, ANO PADPOSCi TO DCVELOp CERTAIN PR,OPERTIEi ifklCN - HE OWNS, TO s¢ XNOWM AS LEXINGTON PARK SUODIVISIONv UNIT 1, LYING -SOUTH , or WILLIAMS DRLVE•PXTEKDINO WESTWARD FROM A LINE PARALLEL TO AMD APPROXis ' IIATELY 1320 reef, FRDM Robb I1"1) ROAD, ONERALLY At 'SHOWN ON PRELIMINARY " .. ' PLATS OF- LEXINQTON PARK UNIT IA APPROVED BY THE Z99ING AND ,• PLANMlNO COMMIS ;IONI ANA ' ",mot a; t t i3', i - " ' WIIEREAS THE MV91.00i SEW[kffi III SUCH - DEVELOPNeMT; AND - fKASA THE COHNECtiON o 'THE 4ANITARY*4CWLfRi-70 TIIC•EEWEk SYSTEM" • . ,. �, �; �' � 'i :i j . f`•, a'< > 3 ` �f', ., ± -�':�; ��'`¢ .� � � . - oWNED ANTI OPERATED BY Tt1E GItI bf COItAJS CHR4STJ_ i1UNICiPAL'.CO�tP4RATJONI , HEREINAFTER CALLCQ „110, WAS ACQUI09b BY THC CITY TO BE EXCESS IM IIIffiE ' AND DEPTM TO THE REQUIREMENTS Op'iAlil SUSOIYI6j0 p'+ALL'AS SHOWN ON THE PLAT ATTACHED HERETO AND }LARKED EXHIBIT "A "i AND ' WHEREAS,, PLANS FOIE SUCH EXTENSION WERE .PREPARED BY THE DEVELOPERIS ma(MCER #ND WERE APPROVED BY THE DIRECTOR OF PUBLIC WORKS QF THE CITY] AND REAS, THE PLATTIII ORDINANCE OF THE CITY ORDINANCE PRO- ' vibes IN SECTION V (0) (S)t WHERE IT SHALL BR P&CAMINEb BY THE DIRECTOR Or PUBLIC . WORKS THAT LARQEII OR DEEPER �MA113 OR LINESARC REQUIRED IN ORDER TQ PROVIOE FOR THE FUTURV EISTENSION-OF THE•SEWER ANIi /OR WATER UTILITY'SYSTEM BEYOND THE LIN1 fIi OF THE SU9OlVIBIpN "10 QUESTIO#j Tilt CITY SHALL ASSUNC T11E - RESPONSIBILITY FOR ANY ADOItIONAL 103ITS INVOLVED. IN INC EVENt CITY ` #'CHID! ARE NOT CURRENTLY AVAILABLE TO PAY FOR SUCH LARGER 011 DEEPER MAINII 134 LINES AS MAY EE REQUIREDs AORAMOEMENTS SHALL BE MAOt FOR THE'OEVELOPER TO lwiTAI,4 THESE IMPROVCMENTS AND BE REINBURS6D VINE CITY &1 AND , • - • INFRMS THE SAID EXTENSION WILL BE COMPLETCO AN ACCORDANCE WITH - SAID PLANS. AND S0ECIF1CA71tfNS d1MD WILL BE ACCEPTED YY THE CLTYj AND WiWA5s THE COST TO THE OEVCLOPER OF *410 EXTENSION. IS SHOWN ON 014181T �A° At $2,577.66; AND = . MHEWSs 09VELOPER HAS RECORDED FINAL FLATS qN LEXINGTON PARK •SUBDI'V1:10is UNIT Is CONTAINING A TOTAL or 97 LOT*; AND WNEMS, SAID I*VFLOPER HAS PLANNED AND AGREED TO PUT IN THE ; ENTIRE STREET' IMPROVEMENTS- AROUND THE PARk AREAS TM SAID SUBDIVISION ANG IS EMTITL£0 TO REINOURSEMEN1i OF ONCwHALF•Or`THC cgwr *l ;AIQ 4TREET IMPROVE MENTO AROUND SAID PARK WHICH ONEwHALF.OK,SAID COSTS SMOUNT$10 44s077•16j ' - - AND - 9 ,� ``� 0. tlrah' �•sA id :} r''fi� ± • ��5 •iP i � i - � - f � J , * Y. . ' 4AIERF.ASs ^$TREE? IMPROVEMENTS ON .A PORTION OF WILLIATISi- DRIVE 620 <y ' FRET IN LENGTH WILL b INSTALLED 11Y•S-uQDIV)Df" (NO NY SUCH INSTALLATION HE WILL BR ENTITLED TO REIMBURSEMENT FOR AfPORTION.aF tmz COST TNEREOFs WHICH PORTION AMOVMTS TO THIt SUM OF #1y920.19. TNAT,TNE THREE ITEMS FOR WHICH THE 0A10 DEVCLOPX* IS ENTITLED TO REIMBURSEMENT' TOTAL$ THE SUM OF` �$r69.0T3 AND s - GigREO$ SAID COSTS OF EACH AND ALL OF SAID IMPROVEMENT* ARE , DASCD ON ACTUAL SIO PRICES WITH,RESPtCT TO STREET-IMPROVEMENTS AND SANITARY SEWER INSTALLATION$ ANO THE SAID CALCULATIONS HAVE SEEM VERtFJCD 6Y THE CITYIS 09PARTUCHT OF PaBLIC WUNS AND SA 10 ITEMS Of REINOUR*EMENT ARE 0AIR : AN* REASONASLE1SA$gp ON CURRENT CONSTRUCTION 'CORTR FqR *NE "RRiFECT1YE •TYPES OF WORN; ANq TIiIEREA3s IT 13 ITHL pt*{RE OP LOTH DEVELOPER AND CITY THAT THIS ALINOURSEMERT AORECMCNT It FORMALIZED NY WRITTEN INSTRUMENTS UN, TW- KF'ORE, THE CITY AGRELS TO PAY DEVELOPER 48,569.01 ON COLLLETION AND ACCEPTANCE BY THE CITY OF:THE INSTALLATION Of ALL OF ,*AID IMPROVEMENTS. DEVELOPER UNDERSTAHDS AND AGREES THAT THE CITY IS AND WILL SE THE OWNER• OF SUCH SEWEI} MAIM AND THAT DEVELOPER HAS NO RIGHTS TITLLs INTCRC$T oft CLAIM IN OR' TO SUCH lEWCh MAIM AND THAT DEVEkOPERIS ONLY ACCOURSE HEREUNDER FOR THE COLLECTION Of THE ABOVE STATED 4UMs It AGAINST THL CITY. DATED THIS THE DAY OF UPTEP40tS 19661 ATTESTS CITY Or Ci7m CM13TI By STY. SECRETARY HERBERT W. W441 THEY ' AFNSROVLD AS To LEGAL. F`OM4 THIS CITY NANAbtR DAY Of SEPTF, W) 19661 STY AT TORNEY - LtM Ii. HumT DEVELOPER THE STATE yr TEXAS'. 1 COUNTY OF , MEW& � ^ OEFORE HCy '(HE tINDERi1aNED AUTHGR,iTYr ON rats DAY PL SONA&tY APPEARED CITY MANAQER•OF THE CITY flF CORRUS itml0Tjf.TXXAM A MUNICIPAL CORPORATION, XNOWN TO 14C .. • TO - MC THE 1091SON AND orrioeft ,WNOSE NAME sit SUHiCRISED TO THE FOREGOINQ' INSTRUMENT' AND ACkwowLEDQED TO HE THAT Hi EXECUTED Tfl€ SAM@ AS `THE ACT - - - AND DEED OF min CITY OF CDRids CHNisTi FOR THE ivuRPOZCS,AND COHAIDLRATION THEREIN EXPRESSED AND IN THE•CAPACITY THEREIN STATED. GIVEN UNDER W AND SEAL. OF OFFICE, THIS THE aAY Of • SEPTEMSCR, 19&6• - '� . NOTARY ; PUBLIC IM AND fOR ECES - CQVNTY, TEXAS r JHT -STOE or TEXAS COUNTY' Oi NuEcE5 ; 9EFCitE ME: THC UNQfRSfOMEO dUTIIQRITYa A NOTARY PUBLIC IN AND FOR NUL'CES COUNTY, TEXAS,, ON THIS DAY PERSONALLY APPEARED HLM.EN H. HUNT, '1S0QNN T6 ME'TO It THE PERSON WO$e NAME IS SUBSCRIfft TO THE FORK601MCI INSTRUMENT, AND ACIINGML[DGED f6 NE '►HAT >NE EXECUTED THE SANE FOR THE .' PURPOSES AND GONSIbENATIOM THEREIii EXRRESSED. - 01VEN LOW W _HAND AND SEAT+ CW QFFICE, THIS THE DAY OF _ • -- - + TARY'PUDLM IN AND FOR NUCCES = - COUNTY, TEXAS �7 77 2 3 7 A 7 .'�.- �-- -;�-,. v,,,' �..:. � .. . �' •, .. �� .cam _ - .. � _.. --. •: . . X- F 0 ON Afl.Y PORT N '94) -5 CITY4z By. D2. 4 0 'Z. 14— 7' 0 -7 e September 1, 1966 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF 250 Sanitary Sewer, Project CORPUS CHRISTI TO THE CREDIT OF No. 220 Street Bona, Project 25o -64 -51 = $2,577.66 22o -61 -81.8 = $5,991.35 _ FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY 15 NOT APPROPRIATED FOR ANY OTHER PURPOSE. i DIRE TOR OF ANCE CORPUS CHRISTI, TEXAS /J!_ NZIL DAY OF ��9• TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, &PL.� MA OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE Ole DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE ' WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE IS.14 0 , DR. P. JIMENEZ, JR. • KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE