HomeMy WebLinkAbout11438 ORD - 04/04/1973JRkcn1il:4- 2- 73;1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH PORT AYERS ASSOCIATES, INC.,
GANDY ROBERSON, INC. AND KEITH E. GREER, SR.
PROVIDING FOR IMPROVEMENTS TO DILLON LANE
FROM GOLLIHAR ROAD NORTHEASTERLY APPROXIMATELY
450 LINEAR FEET AND THE SHARING OF THE COST
FOR SAID IMPROVEMENTS, A COPY OF SAID AGREEMENT
BEING ATTACHED HERETO AND MADE A PART HEREOF,
AND ACCEPTING AN IRREVOCABLE LETTER OF CREDIT
FOR $17,532.84 FOR THE OWNERS' SHARE OF COST;
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 Port Ayers Associates,
Inc., Gandy Roberson, Inc. and Keith E. Greer, Sr., with regard
to improvements to Dillon Lane from Gollihar Road northeasterly
approximately 450 linear feet and the sharing of the cost for
said improvements, a copy of said agreement attached hereto and
made a part hereof, marked Exhibit "A ", and accepting an irrevo-
cable letter of credit for $17,532.84 for the owners' share of
cost attached hereto marked Exhibit "B ".
SECTION 2. The necessity to execute the agreement for
the purposes hereinabove said forth, creates a public emergency
an an 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 but that such 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 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, th' e - tf—day of April, 1973.
ATTES'
/c
Ci4y C:ec e ry MAYOR
4F�I_IZOVED: r THE CITY F C S CHRISTI, TEXAS
LYY1. DAY OF APRIL, 197
W A /
Atorn
n ;' ''/
•
•
AGREEMENT
THE STATE OF TEAS
COUNTY OF NUECES �(
This agreement is authorized by Ordinance No. and is
entered into between the City of Corpus Christi, Texas a municipal
corporation and body politic operating under the home rule statute of
the State of Texas, hereinafter called "City " and certain property owners,
i
hereinafter called "Owners ", and pertains to the construction of Dillon
Lane and the joint sharing of improvements necessary for the construction
of Dillon Lane from Gollihar Road approximately 450 feet northeasterly
- abutting or serving the Owner's property:
W I T N E S S E T H
WHEREAS, Owners wish to construct a paved street from Gollihar Road
for a distance of approximately 450' northeasterly in accordance with the
drawings prepared'by the City and labelled STR 524; and
WHEREAS, City has legally advertised and received bids on the pro-
ject; and
WIIiREAS, the construction of the improvements will be abutting or
will serve property now owned by Owners;
NOW, THEREFORE, City and Owners agree as follows:
1. City will award a contract for the improvements as proposed by
the plans and specifications approved by City and designated by Drawing No.
STR 524, and proceed with the completion of said improvements.
2. City will acquire dedication to any and all portions of Dillon
Lane not presently dedicated to the public.
3. Owners will pay to the City, prior to the award of a contract,
ar_ amount shown to be the owners' portion as set forth in the following
tabulation, which has been prepared as a result of competitive bidding.
Sub -Total Owners Portion $ 16,462.76
City's Portion (storm sewer) $ 6,9_i3,35
Total Construction Cost $ 23,421.61
Total Owners' Cost = $36.46 ^.76 T $ 3..070.03 = $17,5'Z,'�.84
being an Enf ;inccring Fee based on 6 "," of $1(],1462.76 )
and their espgctive shares of Owners' Cost are
4. The Owners shall be idc:11 Uie:i /.1s iollows:
1. Po^ =yor Ac' ates 7�nc. - $8.766.112
2.- l_ul,J EnbCY.::'oa laces $4,172.84
3. -Mr. Feit!: P. !ir ^c•rz ,v. _ 4 s93_5II
-1- EXHIBIT "A"
copies, each of which •
5. This agreement shall lie e %ccutcd in P
d which shall become effective and be
shall be considered an original, an
binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors, and assigns.
day. of , 1973.
WITNESS OUR HANDS this
ATTEST:
City Manager
City Secretary
APPROVED:
day of , 1973
City Attorney
OWNERS: c
AT EPST:
-2-
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned, a Notary Public in and for said County and
State, on this day personally appeared JOSEPH L. CUMMINS, President of PORT
AYERS ASSOCIATES, INC., known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the said PORT AYERS ASSOCIATES, INC., a corporation, and that
he executed the same as the act of such corporation for the purposes and considera-
tion therein expressed, and in the capacity therein stated. �1
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Zleday of /' �C�✓ ,
1973.
Notary Public in and for Nueces County,
Texas.
VLjTH My Commission expires June 1, 1973. icing HEND eces c
�1]Qit� PUGtic In and Far Nueces County, Toxa$
my, commisslon E%Plres June 1, 19��
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned, a Notary Public in and for said County and
State, on this day personally appeared , President of
GANDY ROBERTSON, INC., known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the said GANDY ROBERTSON, INC. , a corporation, and that he
executed the same as the act of such corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
1973.
Notary Public in and for Nueces County,
Texas.
My Commission expires June 1, 1973.
THE ST11TE OF Tlii11S
Couraly Or lrnus
BEFORh IZ, the undersigned authority, on this day personally appeared
Keith E. Greer, Sr. known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to that he executed
the same for the purposes and consideration therein expressed.
GIVEN MIDER MY 3IAI]D AND SEAL OF OFFICE, this 29 th day of
March 197..
Notary Eublic in acid for Nueces County, Texas
RUTH HENDERSON
Notary Public in and for Nueces County, Texts _
My Commission Expires June 2, I9 —Z..N
TILE STAVE Or TEXAS � - --
COUNTY OP NUECES,
BEFORE 1E, the u-ndersigned.authority; on this day personally appeared
knoom to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed
the satire for the purposes and consideration therein expressed.
GIVEN UI DIR MY ILM AND SEAL OF OrFICE, this day of
197
o ary Public in and for Nueces County, 'Texas
C. W. (WooOY) .LOVES
PRL.)GERT rd A T I 0 PJ r-, L BANK
1211 AYERS STREET. P H ONE (512) B54 -1111
P. O. BOX -)LLB • EBRRUS EHR�ST), TEXA-.. 78115
IRREVOCABLE LETTER OF CREDIT
March 29, 1973
No. 329 -1
City of Corpus Christi
Corpus Christi, Texas
Gentlemen:
This letter is to advise you that this bank has on this date
established its Irrevocable Letter of Credit in your favor for
the account of Port Ayers Associates, Inc. in the total sum of
$17,532.84. The purpose of this Letter of Credi.t is to pay the
proportionate part that Port Ayers Associates, Inc. guarantees
to the city of Corpus Christi for the paving of 450 feet of
street known as Dillon Lane and beginning at the intersection
of Gollihar Road in a northeasterly direction in accordance
with drawings prepared by the City of Corpus Christi, STR -524.
You are authorized to draft under this Letter of Credit in
amounts as they accrue with your invoices attached showing the
total amount of work for arhich payment is requested, and the
proportionate amount due by Port Ayers Associates, Inc.
This letter will remain in full effect and force for a period
of 120 days from this date.
Sincerely,
CwJ :bl
Exhibit "B"
CORPUS CHRISTI TEXAS
DAY or �l.f2iy-�.Q. 7 9—za-
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, THEREFOREI
• 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.
' R CTF Y,
G
MAYOR
THE CITY OF C US HRISTIA TEXAS
TEE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL.
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZA,NO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
. BONNIE SIZE MORE ____._ �,/jL_ •
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.____Q
-REV. HAROLD T. BRANCH`
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK