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Home My WebLink About11170 ORD - 11/15/1972® JRR/MC 11/14/72 1ST TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BUFORD NICHOLSON, DEVELOPER OF BRIARWOOD SUBDIVISION UNIT 1, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE -HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN BRIARWOOD SUBDIVISION UNIT 1, AS IS MORE FULLY SET FORTH IN THE AGREEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $2,953.03, OF WHICH $2,747 IS FOR CONSTRUCTION AND $206.03 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 0 TO ENTER INTO AN AGREEMENT WITH BUFORD NICHOLSON, DEVELOPER OF BRIARWOOD SUBDIVISION UNIT 1, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE -HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN BRIARWOOD SUBDIVISION UNIT 1, AS IS MORE FULLY SET FORTH IN THE AGREEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF NO. 220 STREET BOND FUND THE SUN OF $2,953.03, OF WHICH $2,747 IS FOR CONSTRUCTION AND $206.03 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220 -70 -133• SECTION 3. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BUFORD NICHOLSON FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE -HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN BRIARWOOD SUBDIVISION UNIT 1, 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 PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE -A1N DAY OF NOVEMS R, 1972. THE CITY OF CORPUS CHRISTI, TEXAS 972: 11170 0 JRR/MC 11/114/72 1ST AGREEMENT THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ) • THIS AGREEMENT, AUTHORIZED BY ORDINANCE N0. , IS ENTERED INTO BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION AND BODY POLITIC OPERATING UNDER THE HOME RULE STATUTES OF THE STATE OF TEXAS, HEREINAFTER CALLED "CITY", AND BUFORD NICHOLSON, HEREINAFTER REFERRED TO AS "DEVELOPER", AND PERTAINS TO THE CITY'S SHARE OF THE COST FOR IMPROVEMENTS IN THE DEVELOPMENT OF BRIARWOOD SUBDIVISION, UNIT 1, AS IS SET FORTH IN THE PLAT- TING ORDINANCE. NDW, THEREFORE, CITY AND DEVELOPER AGREE AS FOLLOWS:. 1. DEVELOPER WILL CONSTRUCT CURB, GUTTER, SIDEWALK, AND ONE -HALF THE PAVEMENT ABUTTING THE PARK ALONG RHINE DRIVE. THIS CONSTRUCTION WILL BE CON- TRACTED FOR AND FINANCED BY DEVELOPER. 2. CITY AGREES TO REIMBURSE DEVELOPER AS ITS SHARE FOR THE COST OF THE ABOVE STATED CONSTRUCTION, INCLUDING ENGINEERING, THE SUM OF TWO THOUSAND NINE HUNDRED FIFTY -THREE AND 03100 DOLLARS ($2,953.03). SUCH REIMBURSEMENT WILL BE MADE BY CITY TO DEVELOPER UPON COMPLETION AND ACCEPTANCE OF THE IMPROVE- MENTS BY CITY. 3. DEVELOPER AGREES TO INDEMNIFY CITY AGAINST ANY AND ALL CLAIMS ARISING AS 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 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 ATTEST: CITY SECRETARY APPROVED: DAY OF NOVEMBER, 1972: CITY ATTORNEY DAY OF NOVEMBER, 1972. CITY OF CORPUS CHRISTI BY CITY MANAGER BUFORD NICHOLSON, DEVELOPER e t CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 10, 1972 I certify to the City Council that $ 2,954.04 , 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 -10 -144 Project Name Rriarwood Subdivision Park - Street Improvements around Park 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 I 17'j'L /�' , 19-Z-,)-- Director of ance u CORPUS CHRISTI, TEXAS p DAY OF �jLci��n- �,(!r� -f•- , 19_2LV— 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. RESPECTFULLY, 1 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL - RoBERTO BOSQUEz, M.D. REV. HAROLD T. BRANCH Q.c� . THOMAS V. GONZALES GABE LOZANO, SR. - e✓u;u -ryti - J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: • RONNIE SIZEMORE CHARLES A. BONNIWELL R09ERTO BOSQUEZ, M.D. -REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR.Y J. HOWARD STARK