HomeMy WebLinkAbout11419 ORD - 04/04/1973?'%2/73 1'UT
AN ORDINANCE
AUTHORIZING THE CITY r.+,.':NAGER TO EXECUTE AN AGREEMENT
WITH NICHOLSON.BUILDING SUPPLY COMPANY, INC., OE' /ELOP-
ERS OF CARROLL PLACE UNIT 6, LOTS 11 THRU 22, BLOCK 1,
FOR THE CONSTRUCTION OF CURBS, GUTTERS, S i DE'-dALK AND
ONE -HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK
I# SURREY PLACE UNIT 2, AS MORE FULLY SET FORTH IN THE
AGREEti_NT, A COPY OF V. +11CH IS ATTACHED HERETO, MADE A
Pk-RT HEREOF, AND MARKED EXHIBIT "A "; APPROPRIATING OUT
OF THE NO. 220 STREET BOND FUND $6,177.86, OF WHICH
$5,746.85 IS FOR CONSTRUCTION AND $431.01 IS FOR ENGIN-
EERING, ALL APPLICABLE TO PROJECT NO. 220 -70 -1110; 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 NICHOLSON BUILDING SUPPLY COMPANY, INC.,
DEVELOPERS OF CARROLL PLACE UNIT 61 LOTS 11 THRU 22, BLOCK 1, FOR THE CON-
STRUCTION OF CURBS, CUTTERS, SIDEWALK AND ONE -HALF THE STREET PAVEMENT ABUTTING
THE PUBLIC PARK IN SURREY PLACE UNIT 2, AS MORE FULLY SET FORTH IN THE
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MADE A PART HEREOF, AND MARKED
EXHIBIT "A "..
SECTION 2. T}!ERE IS HEREBY APPROPRIATED THE SUM OF $6,177.56 OUT
OF THE NO. 220 STREET BOND FUND, OF WHICH $5,746.85 IS FOR CONSTRUCTION AND
'431.01 15 FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220 -70 -140.
SECTION 3. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT AND
TO APPROPRIATE THE SUN HEREINABOVE SET OUT AT THE EARLIEST POSSIBLE DATE
SO THAT CONSTRUCTION MAY COMMENCE, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY 1EQU1RiNG 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 EMERCCNCY 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
FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE -
DAY OF APRIL, 7973.
ATTEST: ._ d
r 0
CITti _ >cCP..`.TAR MAYOR — - - -- - - -°
THE CITY Or CORP RISTI, TEXAS
APPI", Vt r DA . OF nP;; I L, 1
ex
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 NICHOLSON
BUILDING SUPPLY COMPANY, INC., HEREINAFTER CALLED "DEVELOPER", PERTAINS TO
THE CITY'S SHARE OF THE COST FOR IMPROVEMENTS TO SURREY LANE AS SET FORTH IN
THE PLATTING ORDINANCE AND REQUIRED ADJACENT TO THE CITY PARK IN THE DEVELOP-
MEN T OF CARROLL PLACE UNIT 60 LOTS 11 THROUGH 22, BLOCK 1:
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 SURREY PLACE UNIT 2.
2. CITY AGREES TO REIMBURSE DEVELOPER AS ITS SHARE FOR THE COST
OF THE ABOVE STATED CONSTRUCTION, INCLUDING ENGINEERING,, THE SUM OF SIX
THOUSAND ONE HUNDRED SEVENTY -SEVEN AND 86100 DOLLARS ($6,177.86). 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 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
NICHOLSON BUILDING SUPPLY COMPANY, INC.
ATTEST: BY
CORPUS CHRISTI, TEXAS
DAY OF
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
DE 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 1S INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
SPECTFU LY, -
oop
MAYOR
THE CITY OF COR S RISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE /ty
CHARLES A. BONNIWELL !_ �^p/ -- -
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
. THOMAS V. GONZALES
GABE LOZANO, SR.
• J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING-
.' BONNIE S12EMORE
CHARLES A. BONNIWELL Q�
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GASE LOZANO, SR.
J. HOWARD STARK