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HomeMy WebLinkAbout11164 ORD - 11/08/1972• JRR:ml:11- 6- 72;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH B. R. WILLEFORD AND JOSEPH A. HANSLER, DEVELOPERS OF BRTAR1400D SUBDIVISION UNIT 2, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN BRIARWOOD SUBDI- VISION UNIT 2, AS IS MORE FULLY SET FORTH IN THE AGREEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HERE- OF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $6,560.26, OF WHICH $6,102.57 IS FOR CONSTRUCTION AND $457.69 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220 -70 -133; 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 execute an agreement with B. R. Willeford and Joseph A. Hansler, Developers of Briarwood Subdivision Unit 2, for the construction of curbs, gutters, sidewalks, and one half the street pavement abutting the public park in Briarwood Subdivision Unit 2, as is more fully set forth in the agreement attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to immediately authorize the City Manager to execute the aforesaid agreement for the construction of curbs, gutters, sidewalks, and one half the street pavement abutting the public park in Briarwood Subdivision Unit 2, creates a public emergency and 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 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 after its assage, IT IS ACCORDINGLY SO ORDAINED, this the day of Nov r,-1972. ATTES Q c i City Secret YOR THE CITY OF CORPUS STI, TEXAS APPROVED., �? DAY OF NOVEMBER, 1972: X2,1% Pty_Atl o rne 1IL64 •JRR:e:11/8/72 • 1st AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, a municipal corporation and body politic under the home rule statutes, herein- after called "City ", and B. R. Willeford and Joseph A. Hansler, hereinafter called "Developer ", and pertains to City's share of the cost for improvements, in the development of Briarwood Subdivision, Unit 2,as is set forth in the Platting Ordinance. NOW, THEREFORE, City and Developer agree as follows: 1. Developer will construct curb, gutter, sidewalk, and one -half the pavement abutting the park along Thames Drive. This construction will be contracted for and financed by the Developer. 2. City agrees to reimburse Developer as its share for the cost of the above stated construction, including engineering, the sum of Six Thousand Five Hundred Sixty and 26/100 Dollars ($6,560.26). Such reimbursement will be made by City to Developer upon completion and acceptance of the improvements by City. 3. Developer agrees to indemnify City against any claims arising as a result of the project. 4. This agreement shall be executed in duplicate, each of which shall be considered an original. When executed by City and Developer, this agreement 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 our hands this day of November, 1972. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: November B, 1972: B. R. Willeford, Developer City Attorney Joseph A. Hansler, Developer .�,rN /A T " it • 1 M1 x • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 3, 1972 I certify to the City Council that $ 6,560.26 , 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 No. 220 Street Bond Fund Project No. 220 -70 -133 Project Name Briarwood Subdivision Park Street Improvements around Park from which it is proposed to be drawn, and such money is not appropriated for any other purpose. e'✓� , 197 r Director finance • C L'? FIN 2 -55 Revised 7/31/69 Fib • CORPUS CHRISTI TEXAS 04 DAY OF l9__7 �7j 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, THEREFORE2 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. PECTFULL ' p THE CITY OF Coroelo, ISTI,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BONNIE S12EMORE CHARLES A. BON NIWELL ROBERTO BOSQ.UEZ) M.D. REV. HAROLD T. BRANCH air- THOMAS V. GONZALES = , GABE LOZANO, $R. ' J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES . BONNIE S12EMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GABS LOZANO, SR. J. HOWARD STARK