HomeMy WebLinkAbout11418 ORD - 04/04/1973AN ORDINANCE
AUTHORIZING THE CITY NA"IAGER TO EXECUTE AN AGREEMENT
WITH SA RA TOGA LAND CO;1PANY, DEVLLOPERS OF COUNTRY CLUB
ESTATES UNIT 26, FOR THE CO'ISTRUCTIOiJ OF CURBS, GUTTERS,
SIDEWALKS, A;,ID ONE -HALF THE 31 -REET PAVEMENT ABUTTING THE
PUBLIC PARK IN COUNTRY CLUB ESTATES UNIT 26, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO, M.ARKED EXHIBIT "A ", AfID MADE A PART
HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND
$5,L36-55, of VlH I CH 65,057.26 I S FOR CONSTRUCTION AND
$379.29 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO.
220 -70 -1111; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY PhANAGER BE, AND HE IS HEREBY, AUTHORIZED
TO EXECUTE AN AGREEMENT WITH SARATOGA LAND COMPANY, DEVELOPERS OF COUNTRY
CLUB ESTATES UNIT 26, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS,
AND ONE —HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN COUNTRY CLUB
ESTATES UNIT 26, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF
WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF.
SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF THE NO. 220 STREET
BOND FUND THE SUM OF $$5,436.55, OF WHICH $5,057.26 IS FOR CONTRUCTION AND
$379.29 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220 -70 -141.
SECTION 3. THE NECESSITY TO EXECUTE THE AFORESAID CONTRACT AND
TO APPROPRIATE THE SUMS HEREINABOVE SET OUT AT THE EARLIEST POSSIBLE DATE
SO THAT CONSTRUCTION MAY COMMENCE, CREATES A PUBLIC EMERGENCY AND AN IMPERA-
TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
BUT 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 A14D
THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND
TAKE EFFECT FROM AND AFTER ITS PASSAGEalTCC,0Rl
INGLY SO ORDAINED, THIS
THE DAY OF APRIL, 1973•
ATTEST: /
CITY CRET RY _riitiYOid
THE CITY Of CORPS iR I ST I , TEXAS
APPR9VfD DAY OF APRIL, 1 f3:
C II TW 4/T "f 0I14fI /EY
AGREEMENT
THE STATE OF TEXAS )
)
COUNTY OF NUECES )
THIS AGREEMENT, 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 SARATOGA LAND
COMPANY, HEREINAFTER REFERRED TO AS "DEVELOPER ", PERTAINS TO THE CITY'S SHARE
OF THE COST FOR IMPROVEMENTS TO SNEAD DRIVE ADJACENT TO THE CITY PARK, AS
SET FORTH IN THE PLATTING ORDINANCE, ALL IN CONNECTION WITH THE DEVELOPMENT
OF COUNTRY CLUB ESTATES UNIT 26:
NOW, THEREFORE, CITY AND DEVELOPER AGREE AS FOLLOWS:
1. DEVELOPER WILL CONSTRUCT SIDEWALK, CURB AND GUTTER AND ONE -HALF
OF THE STREET PAVING ABUTTING THE CITY PARK IN COUNTRY CLUB ESTATES UNIT 26.
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 FIVE THOUSAND
FOUR HUNDRED THIRTY -SIX AND 55100 DOLLARS ($5,436.55). 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 CLAIMS ARISING
AS A RESULT OF THE PROJECT.
4. THIS AGREEMENT SHALL BE EXECUTED IN DUPLICATE ORIGINALS AND
BECOME EFFECTIVE AND BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES
HERETO AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS.
WITNESS OUR HANDS THIS _ DAY OF APRIL, 1973•
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
BY
CITY SECRETARY R. MARVIN TOWNSEND
CITY MANAGER
APPROVED:
DAY OF APRIL, 1973:
CITY ATTORNEY
ATTEST: SARATOGA LAND COMPANY
BY
lex,;�
. CORPUS CHRISTI, TEXAS '
DAY OF 9-Z:2- .
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. _
RE CTFULL
Q
MAYOR
THE CITY OF CORP RISTf,, TEXAS
TP.E CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
. BONNIE SIZEMORE
CHARLES A. BONNIWELL -
ROBERTO BOSQUEZ, M.D. -
REV. HAROLD T. BRANCH -
. THOMAS V. GONZALES � i Q,[,IA,
GABE LOZANO.- SR.
. -
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE S12EMORE
CHARLES A. SONNIWELL (/T
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
64
GABE LOZANO, SR. -
J. HOWARD STARK