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HomeMy WebLinkAbout10702 ORD - 02/09/1972M AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SARATOGA LAND COMPANY, DEVELOPERS OF COUNTRY CLUB ESTATES UNIT 16, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND HALF OF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN COUNTRY CLUB UNIT 16; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $3,683.59, OF WHICH $3,426.60 IS FOR CONSTRUCTION AND $256.99 IS FOR ENGIN- EERING, APPLICABLE TO PROJECT NO. 220 -70 -128; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby, authorized and directed to execute, for and on behalf of the City of Corpus Christi, am Agreement with Saratoga Land Cody, developers of Country Club Estates Unit 16, for the construction of curbs, gutters, sidewalks, and half of the street pavement abutting the public park in Country Club Unit 16, a copy of said Agreement being annexed hereto, marked Exhibit "A ", and incorporated herein by this reference. SECTION 2. There is hereby appropriated out of the No. 220 Street Bond Fund the stun of $3,683.59, of which $3,426.60 is for construction and $256.99 is for engineering, applicable to Project No. 220 -70 -128. SECTION 3. The necessity to execute the aforesaid Agreement at the earliest possible date creates a public emergency and an imperative public neces- sity 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 such emergency and necessity to exist, having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction and that such crdinance take effect and be in full force Gand ' effect from and after its passage, IT IS ACOORDINGLY SO ORDAINED, this the / #1 day of February, 1972. Pty l APPROVED: MAYOR THE CITY OF ODRPORRISTIF TEXAS 4_DAY � 57— 1972: AJM1 R. Riggs 10702 City Attorney .7 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X This agreement, authorized by Ordinance No. , is entered into between the City of Corpus Christi, Texas, a municipal corporation and body politic, hereinafter called ','City ", and Saratoga Land Ccuranv , hereinafter called "Developer ", and pertains to the City's share of the cost for improvements when City participation is set forth in the Platting Ordinance, and for improvements required by City over and above those set forth in the Platting Ordinance in 'the development of Street Improvements around Park abutting Country Club Estates Unit 16. NOW, THEREFORE, the City and Developer agree as follows: 1. Developer will construct curbs, gutters, and sidewalks and one - half of street pavEment abutting the Park along Country Club Estates Unit 16. Said construction to be con- tracted for and financed by Developer. 2. City agrees to reimburse the Developer as its share for the cost of the above stated construction, including engineering, the sum of Three Thousand, Six Hundred and Eighty -Three and 59 /100 - - -- Dollars ($3,683.59 ). Said reimbursement will be made by City upon completion and acceptance of the improvements by City. 3. Developer agrees to indemnify and hold harmless the City from any and all claims, suits, or Action of any character arising from the construction contemplated by this contract or from failure to properly safeguard said construction. 4. This agreement shall be binding upon the parties and be given full force and effect. This agreement shall be binding upon the parties and their respective heirs, successors in office and assigns upon execution of this contract. t x N l B/ 1 ,� ,� WITNESS OUR HANDS, binding the respective parties, this the day of February , 1972. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF FEBRUARY, 1972: City Attorney ATTEST: Ey. R. Marvin Townsend City Manager "CITY" Saratoga land Conpany "DEVELOPER" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 4, 1972 I certify to the City Council that $ 3,683.59 , 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 220 Street Bond Project No. 220 -70 -128 Project Name Country Club Estates Unit 16 - Street Improvements around Park from which it is proposed to be drawn, and such money is not appropriated for any other purpose. C� - Dir ctor o ante FIN 2 -55 Revised 7/31/69 CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT 14EETING OF THE CITY COUNCIL. ^RESPEC FULLY, L�4'r 'O MAYOR THE CITY OF CO US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK