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11184 ORD - 11/29/1972
JRR:ml:11- 27- 72;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CROWN SERVICES CORPORATION, DEVELOPERS OF MOBILE ESTATES SUBDIVISION, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE -HALF THE PAVEMENT ON THE STREET ABUTTING THE PUBLIC PARK IN MOBILE ESTATES SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", APPROPRIATING OUT OF THE NO. 220 STREET FUND $1,588.81 OF WHICH $1,491.84 IS FOR CONSTRUC- TION AND $96.97 IS FOR ENGINEERING, ALL APPLI- CABLE TO PROJECT NO. 220 -70 -134; 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 to execute an agreement with Crown Services Corporation, Developers of Mobile Estates Subdivision, for the construction of curbs, gutters, sidewalks, and one -half the pavement on the street abutting the public park in Mobile Estates Subdivision, all as more fully set forth in the agreement attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. There is hereby appropriated out of No. 220 Street Bond Fund the sum of $1,588.81, of which $1,491.84 is for construction and $96.97 is for engineering, all applicable to Project No. 220 -70 -134. SECTION 3. The necessity to immediately authorize the City Manager to enter into an agreement with Crown Services Corpo- ration for the construction of curbs, gutters, sidewalks, and one - half.the street pavement abutting the public park in Mobile Estates Subdivision, creates a public emergency and 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, and having requested the suspension I154 I• • 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 o2 %-a- day of November, 1972. ATTEST :: J City Secret ry APPROVED: DAY OF NOVEMBER, 1972: 1� City A torney. THE O CHRISTI, TEXAS JRR:ml:11- 27- 72;ist AGREEMENT • 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 operating under the home rule statutes of the State of Texas, hereinafter called "City ", and Crown Services Corporation, hereinafter called "Developer ", and pertains to the City's share of the cost for improvements in the development of Mobile Estates Subdivision, 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 Skyline Drive. This construction -will be contracted 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 One Thousand Five Hundred Eighty -Eight and 81/100 Dollars ($1,588181). 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 and all 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 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 day of November, 1972. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager CITY APPROVED: DAY OF NOVEMBER, 1972: CROWN SERVICES CORPORATION By City Attor "y President - - f ' "`_1" ' DEVELOPER ATTEST: Secretary rq� THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capac- ity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of November, 1972. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NUECES X On this day of , 19 , before me, personally appeared who acknowledged himself to be the President of Crown Services Corporation, a corporation, and that he as such officer being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. Notary Public in and for Nueces County, Texas Al • C; � rt i9rco h p` /•x.30' f,Er. � l�ai/. 45•/S ` - � `! � ��, 1 © .?•Q ":PCP � C� � . �� o ; :i ry• o - -02 ®i% h44 //I62a5 Ta/� 4e19 .S•C 413& as as. c 4 a g'C.F 0..2am °G _^•� !' 1 r•••_.,— Y.G /.v.E .U.ei v.E 144.26 h 0 0 as Sh¢¢1 No- 41 a CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article N Section 21) November 24, 1972 I certify to the City Council that $ 1,588_81 , 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 Find Project No. 220 -70 -n4 Project Name Mobile Estates Subdivision - Street Improvements Arounr7 P r.__�k_ from which it is proposed to be drawn, and such money is not appropriated for any other purpose. E i Director rance FIN 2 -55 GL . Revised 7/31/69 CORPUS CHRISTI, TEXAS �� q�¢ DAY OF'7"e rv�Qra�-- 7 19.-,� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS I 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; 1, 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. LY, o /L a THE CITY OF C CHRISTI, TEXAS THE CHARTER RULE WAS - SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. U REV. HAROLD T. BRANCH _ THOMAS V. GoNZA LE9 ' GABE LOZANO, SR. I J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: • BONNIE SIZEMORE CHARLES A. BONNIWELL . ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARO STARK