HomeMy WebLinkAbout11134 ORD - 10/25/1972• JRR/Mc 10/23/72 1ST
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH SARATOGA LAND CO. WHEREBY THE CITY WILL REIMBURSE
THE DEVELOPER FOR CONSTRUCTING EVERHART ROAD FROM SARATOGA
BOULEVARD TO MIDDLECOFF ROAD TO PAVEMENT STANDARDS GREATER
THAN THOSE REQUIRED IN THE PLATTING ORDINANCE, ALL IN
ACCORDANCE WITH THE AGREEMENT ATTACHED HERETO, MARKED
EXHIBIT "A ", AND MADE A PART HEREOF- APPROPRIATING OUT OF
THE NO. 220 STREET BOND FUND $12,17.26, OF WHICH $11,77$.26
IS FOR THE CONSTRUCTION AND $1100 IS FOR ENGINEERING, ALL
APPLICABLE TO PROJECT NO. 220 -70 -130; AND DECLARING 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 TO
ENTER INTO AN AGREEMENT WITH SARATOGA LAND CO. WHEREBY THE CITY WILL REIMBURSE
THE DEVELOPER FOR CONSTRUCTING EVERHART ROAD FROM SARATOGA BOULEVARD TO MIDDLE-
Corr ROAD TO PAVEMENT STANDARD6 GREATER THAN THOSE REQUIRED IN THE PLATTING
ORDINANCE, ALL IN ACCORDANCE WITH THE AGREEMENT ATTACHED HERETO, MARKED EXHIBIT
AND MADE A PART HEREOF.
SECTION
N 2. THERE IS HEREBY APPROPRIATED OUT OF THE NO. 220 STREET
BOND FUND $12,178.26, OF WHICH $11,778.26 IS FOR THE CONSTRUCTION AND $1100 IS
FOR ENGINEERING, ALL APPLICABLE TO PROJECT N0. 220 -70 -130.
SECTION 3. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AFORESAID AGREEMENT WITH SARATOGA LAND CO. AND TO IMMEDIATELY
APPROPRIATE THE HEREINABOVE DESCRIBED FUNDS CREATES A PUBLIC EMERGENCY AND
114PERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTERFULE THAT
NO ORDINANCE OR RESOLUTION SHALL BE PASSED FFINXLLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE,013 RESOLUJ I-9j4 .$HgLI, BE READ AT THREE SEVERAL MEETINGS
OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY
TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS
ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND
BE IN FULL FORCE AND EFFECT FROM AND AF TS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE -l-tk DAY O OCTOBER, 972. A
ATTES
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APPROVED:
DAY OF OCTO R 1972:
CITY ATTORNEY
v A,e
THE CITY OF CORPI- CHRISTI, TEXAS
11-134
• JRR/Mc 10/23/72 1sT
AGREEMENT
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
THIS AGREEMENT IS AUTHORIZED BY ORDINANCE NO. AND IS
ENTERED INTO BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION
AND BODY POLITIC OPERATING UNDER THE HOME RULE STATUTE, HEREINAFTER REFERRED TO
AS "CITY ", AND SARATOGA LAND COMPANY, HEREINAFTER REFERRED TO AS "DEVELOPER ",
AND PERTAINS TO THE CITY'S SHARE OF THE COST FOR IMPROVEMENTS WHEN CITY PARTICIPA-
TION IS SET FORTH IN THE PLATTING ORDINANCE AND FOR IMPROVEMENTS REQUIRED BY
THE CITY OVER AND ABOVE THOSE SET FORTH IN THE PLATTING ORDINANCE IN THE DEVELOP-
MENT OF EVERHART ROAD FROM SARATOGA BOULEVARD TO MIDDLECOFF ROAD, AS SHOWN ON
THE PLAT ATTACHED HERETO AND MARKED EXHIBIT "A ".
NOW, THEREFORE, THE CITY AND THE DEVELORER AGREE AS FOLLOWS:
1. THE DEVELOPER WILL CONSTRUCT EVERHART ROAD WITH AN 8" CALICHE
BASE TOPPED WITH 4" HOT -MIX ASPHALTIC CONCRETE TO ABOVE DESCRIBED LIMITS. THIS
CONSTRUCTION WILL BE CONTRACTED FOR AND FINANCED BY THE DEVELOPER.
2. THE CITY AGREES TO REIMBURSE THE DEVELOPER AS ITS SHARE FOR THE
COST OF THE ABOVE STATED CONSTRUCTION (INCLUDING ENGINEERING AT 3- 1/2a, OR
$400) THE SUM OF TWELVE THOUSAND, ONE HUNDRED AND SEVENTY -EIGHT AND,26/100
DOLLARS (12,178.26). SUCH REIMBURSEMENT WILL BE MADE BY THE CITY TO THE DEVELOPER
UPON COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS BY THE CITY.
3. THE DEVELOPER AGREES TO INDEMNIFY THE CITY AGAINST ANY CLAIMS
ARISING AS 1,A RESULT OF THE PROJECT.
4. THIS AGREEMENT SHALL BE EXECUTED IN DUPLICATE, EACH OF WHICH SHALL
BE CONSIDERED AN ORIGINAL. WHEN EXECUTED BY THE CITY AND DEVELOPER, THIS AGREE-
MENT SHALL BECOME EFFECTIVE AND SHALL BE BINDING UPON AND SHALL INURE TO THE
BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS.
WITNESS TH15 DAY OF , 1972.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER
AP R D:
DAY OF , 1972:
SARATOGA LAND COMPANY
S� {ASS CITY ATTORNEY BY
DEVELOPER
ATTEST:
SECRETARY
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CITY OF CORPUS CHRISTI, TEXAS
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CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
October 20, 1972
I certify to the City Council that $ 12,178.26 , 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 -130
Project Name Country Club Estates, Unit 19: Storm Sewer
Concrete Box 6' x 10' % 1,150'
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2 -55
Revised 7/31/69
614. Z-s- , 19 7?
W, . 901
CLF
CORPUS CHRISTI TEXAS � 1
,�s. DAY OF 19� /
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 MEETING OF THE
CITY COUNCIL.
R ECLY,
MAYOR
THE CITY OF CO PUS ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
- BONNIE SIZEMORE
- _ - CHARLES A. BON NIWELL
- ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH (yQyz-
- THOMAS V. GONZALES ' I
GA BE L02AN0, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUE2, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LOZANO, SR.
J. HOWARD STARK