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HomeMy WebLinkAbout11250 ORD - 01/10/1973JRR:ml:l-9- 7:,;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROY SMITH, DEVELOPER OF MOUNT VERNON SUBDIVISION, UNIT NO. 1, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR THE COST OF CERTAIN STORM SEWER IMPROVEMENTS ALONG I1:)T•MF_4 DRIVE, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND $4,202.40, REPRESENTING THE CITY'S SHARE OF CONSTRUCTION AND ENGINEERING COST, APPLICABLE TO PROJECT NO. 295- 70 -72; 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 angreement with Roy Smith, Developer of Mount Vernon Subdivision, Unit No. 1, whereby the City will reimburse the developer for the cost of certain storm sewer improvements along Holmes drive, as more fully set forth in +:he agreement, a copy of which is attached hereto and made a part hereof, ma3ked Exhibit "A ". SECTION 2. There is hereby appropriated out of Nu. 295 Storm Sewer Bond Fund the sum of $4,202.40, representing - the City's share of construction and engineering cost, all applicable to Project No. 295- 70 -72. SECTION 3. The necessity to immediately authorize the City Manager to enter into an agreement with Roy Smith, Developer of Mount Vernon Subdivision, Unit No. 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 neces- sity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its 11L255n AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This agreement, entered into between the City of Corpus Christi, Texas, a municipal corporation and body politic operating under the home rule statutes, hereinafter called "City ", and Roy Smith, hereinafter called "Developer ", and pertains to storm sewer improvements required by City over and above those set forth in the Platting Ordinance in the development of Mount Vernon Subdivision, Unit No. l: NOW, THEREFORE, City and Developer agree as follows: 1. Developer will construct certain storm drainage improvements along Holmes Drive in Mount Vernon Subdivision Unit No. 1. This construction will be contracted by and financed by Developer. 2. City agrees to reimburse Developer as its s ":care for the co:t of the above stated construction, including engineer- ing, the stm of Four Thousand Two Hundred Two and 40/100 Doilars ($4,202.40). 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, and shall become effec- tive'and be binding upon and inure to the benefit of the parties hereto and their respective heirs., successors and assigns. WITNESS our hands this day of January, 1973. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF JANUARY, 1973: City Attorney Roy Smith, Developer CORPUS CHRISTI /TEXAS D� DAY OF TO THE MEMBERS OF THE CITY COUNCIL U�Ui1 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; Is 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, �lA OR ro• em THE CITY OF CORPUS CHRISTI,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE. RONNIE SIZEMORE CHARLES A. BON NIWELL ROBERTO, BOSQUEZ, M.D. -! - REV. HAROLD T. BRANCH .. THOMAS V. GONZALES GAGE LOZANO, $R. ' J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING p VOTE: RONN 1 E S I ZEMORE (,/�rj- —til CHARLES A. BONNIWELL . ROBERTO BOSQUEZ, M.D. -REV. HAROLD T. BRANCH THOMAS Y. GONZALES GAGE LOZANO, SR. J. HOWARD STARK