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Home My WebLink About11617 ORD - 08/08/1973JRR:jkh:8 -6 -73; let AN ORDINANCE ' AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JON HELD, DEVELOPER OF CARIBBEAN PLACE, UNIT IV, IN CONNECTION WITH CERTAIN CONSTRUCTION OF STREETS AND STORM SEWER IMPROVEMENTS ON MEDITERRANEAN DRIVE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND THE SUM OF $17,368 FOR REIMBURSEMENT TO THE DEVELOPER-UPON SATISFACTORY COMPLETION OF THE AFORE- SAID IMPROVEMENTS, APPLICABLE TO PROJECT NO. 295- 70 -67; AND DECLARING AM 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 and directed to execute an agreement with Jon Held, Developer of Caribbean b +^ Place, Unit IV, in connection with certain construction of streets and 'a storm sewer improvements on Mediterranean Drive, 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 the No. 295 a Storm Sewer Bond Fund the sum of $17,368 for reimbursement to the aforesaid developer upon satisfactory completion of the aforesaid improvements, applicable to Project No. 295- 70 -67. SECTION 3. The necessity to authorize the aforesaid agreement and ;,• appropriation of the necessary sums creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance 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,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 0 day of August, 1973. ATTEST: �U city Secre ary Pfo em 7 MAYO CITY OF CORPUS CHR& I, TEXAS APPROVED: �. 'd DAY OF AUGUST, 1973: / A41 1114-, V-r 11617 2 4 i� iA At y - GwW w AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X 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 the developer of Caribbean Subdivision Unit 4, a subdivision in the Flour Bluff portion of the City, and pertains to the .construction of Phase 1 of approximately 900 feet of Mediterranean Drive from Jamaica Drive Westerly toward Waldron Road: W I T N E S S E T H WHEREAS, Developer wishes to construct a paved street on Mediterranean 'rive from Jamaica Drive to Waldron Road the first phase of which will be to a point_ approximately 900 linear feet Westerly from Jamaica in accordance with *he platting -ordinance of the City and, VIIEREAS, the developer's Engineer has filed plans and specifications .for this construction in the office of the Director of Engineering Services '.aDT: the -City.and, WHEREAS. the developer has taken competitive bids for this work and . ... L M ,& S. Construction Company submitted such low bid and, in the preparation, -.-bid imitation, opening and award, the City has no part whatever. WHEREAS, .the Department of Engineering Services has reviewed the plans _iorsnch s Pot improvements and finds the plans and specifications for this mark anreptable and in accordance with the City's Master Street Plan. WHEREAS-,-certain responsibility for drainage extension for the project Is the City's and, therefore, the City desires to purchase the extension of Storm Sewer., " NOW, MIEREFORE, City and Developer agree as follows: 1. The developer will contract for and cause to be constructed Phase 1 at Mediterranean Drive from Jamaica Drive to a point approximately 900 linear feet Westerly in accordance with the ref.crenced approved plans, in the office of the Director of Engineering; Services. 2. The developer will pay for all costs incurred as a result of this con- struction involving Engineering, testing and related expenses. in accordance with said approved plans. 3. Upon the satisfactory completion of the project and acceptance by the City, the City will pay the developer a lump sum amount not to exceed $17,368.00 as payment in full for the purchase of the project. The amount is estimated as shown in Exhibit A and as follows: (1) 5 standard inlets @ $450.00 = $ 2,250.00 (2) 5 standard manholes @ $450.00 = 2,250.00 (3) 110 IF 15" R.C. Pipe @ $6.00 = 660.00 (4) 1526 LF 18" R.C. Pipe @ $8.00 = 12,208.00 TOTAL COST $17,368.00 4. The City will pay the developer an amount not to exceed-the above sum as the City's participation in the project. Payment by the City will not be made until all work as per said approved plans has been inspected and accepted as complete in accordance with approved plans and specifications and until the necessary Right -of -Way on both sides of Mediterranean Drive (to the limits of paving as per this agreement) has been dedicated either by plat or separate instrument. This latter requirement is to insure that necessary right -of -way has been dedicated over which a portion of Mediterranean Drive will be built. r 5. It is expressly understood that the developer has no right or title in the roadway wherein this project is constructed, but that the roadway is City property and the developer merely holds a permit for the purpose of pursuing the project con- templated in this contract. 6. This agreement is contingent upon the condition that the developer will not develop lands south of Mediterranean Drive without the proper extention of Sanitary Sewers to those lands in accordance with the City's Master Plan. 7. This agreement shall be executed in 2 copies, each of which shall be considered an original, and which shall become effective and be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. - 2 - VTIT14ESS OUR RAPIDS this 0 day of d,, , 1973• ATTEST: City Secretary City Manager APPROVED: � � ,}- day of /?" �f/�1.t,,T -r , 1973 Y City Attorney,) el ATTEST: DEVELOPER: LL lz� ulYr -i _ DR. 1A.fPP.CVE,,,,,l�j✓TS Ad,1000nj rp FqRIPE,4N PL.3 a 4 And $Zrootv 'lq ;rRPPIC HTS Alo.2 11,01rERRAN.-AN 9,?. 60,Royl UnIT5 OF PWC2Y5-= I STREET ulYr -i _ DR. 1A.fPP.CVE,,,,,l�j✓TS Ad,1000nj rp FqRIPE,4N PL.3 a 4 And $Zrootv 'lq ;rRPPIC HTS Alo.2 Corpus Christi, Texas f ay of , 197 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. �_ 11 7 Respectfully, MAYO Pro em CITY OF CORPUS CAlk TEXAS The Charter rule was suspended by the following vote: Jason Luby ap_� James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales V Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby L a e James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark