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Home My WebLink About12657 ORD - 06/25/1975MLM :VMR:6- 24- 75;1ST AN ORDINANCE AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FIRST SAVINGS ASSOCIATION OF CORPUS CHRISTI, DEVELOPERS OF FLYWAY SUBDIVISION, UNIT I, WHEREBY THE CITY WILL REIM- BURSE THE DEVELOPER FOR�CONSTRUCTING IMPROVEMENTS ON EVER - HART ROAD, FROM MIDDLECOFF ROAD TO SNOWGOOSE ROAD, TO PAVE- MENT STANDARDS GREATER THAN THOSE REQUIRED IN THE PLATTING ORDINANCE AND FOR ONE -HALF THE PAVEMENT SECTION ABUTTING CITY PROPERTY, ALL IN ACCORDANCE WITH THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $35,381.16, OF WHICH $32,760.314 IS FOR COSTS OF CONSTRUCTION AND $2,620.82 IS FOR ENGINEERING,ALL APPLICABLE TO PROJECT NO. 220- 72 -22; 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 ENTER INTO AN AGREEMENT WITH FIRST SAVINGS ASSOCIATION OF CORPUS CHRISTI, DEVELOPERS OF FLYWAY SUBDIVISION, UNIT 1, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR CONSTRUCTING IMPROVEMENTS ON EVERHART ROAD, FROM MIDDLECOFF ROAD TO SNOWGOOSE ROAD, TO PAVEMENT STANDARDS GREATER THAN THOSE REQUIRED IN THE PLATTING ORDINANCE AND FOR ONE -HALF THE PAVEMENT SECTION ABUTTING CITY PROPERTY, ALL IN ACCORDANCE WITH THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ". SECTION 2. THERE IS HEREBY AP'P'ROPRIATED OUT OF THE NO. 220 STREET BOND FUND $35,381.16, OF WHICH $32,760.34 IS FOR COSTS OF CONSTRUCTION AND $2,620.82 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT ND. 220- 72 -22. SECTION 3. AMENDMENT OF THE CITY BUDGET TO ACCOMPLISH THE PURPOSE OF THIS ORDINANCE IS NECESSITATED FOR EMERGENCY EXPENDITURE IN GRAVE PUBLIC NECESSITY TO MEET UNUSUAL AND UNFORSEEN CONDITIONS, WHICH COULD NOT, BY REASONABLE DILIGENT THOUGHT AND ATTENTION OF THE GOVERNMENT OF THE CITY OF CORPUS CHRISTI, HAVE BEEN INCLUDED IN THE CURRENT, ORIGINAL BUDGET OF THE CITY. SECTION 4. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE CITY MANAGER TO EXECUTE THE AFORESAID AGREEMENT AND TO IMMEDIATELY APPROPRIATE THE DESCRIBED FUNDS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE 12657 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND nt- AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE a2� DAY OF JUNE, 1,975. ATTEST: ARYt'n/�� MAYOR CITY OF CORPUS CHRISTI, TE S PROVED: 5 DAY OF JUNE, 1975 1"JAnL11-1 A TING CITY ATTORNEY AGREEMENT THE STATE OF TEXAS Y COUNTY OF NUECES j THIS AGREEMENT IS ENTERED INTO BY AND 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 FIRST SAVINGS ASSOCIATION OF CORPUS CHRISTI, A TEXAS CORPORATION, HEREINAFTER REFERRED TO AS "DEVELOPER", AND PERTAINS TO THE CITYOS SHARE OF THE COST FOR IMPROVEMENTS AS SET FORTH JN THE PLATTING ORDINANCE AND FOR IMPROVEMENTS REQUIRED BY THE CITY OVER AND ABOVE THOSE SET FORTH IN THE PLATTING ORDINANCE AND FOR ONE -HALF THE PAVEMENT SECTION ABUTTING CITY PROPERTY IN THE DEVELOPMENT OF EVERHART ROAD, FROM MIDDLECOFF ROAD TO SNOWGOOSE ROAD, AS SHOWN ON THE PLAT ATTACHED HERETO, MARKED EXHIBIT IIA11. NOW, THEREFORE, CITY AND DEVELOPER AGREE AS FOLLOWS: 1. DEVELOPER WILL CONSTRUCT STREET IMPROVEMENTS ON AND ALONG EVERHART ROAD, FROM MIDDLECOFF ROAD TO SNOWGOOSE ROAD, WITH AN UI CALICHE BASE TOPPED WITH 4" HOT -MIX ASPHALTIC CONCRETE, SAID CONSTRUCTION TO BE CONTRACTED FOR AND FINANCED BY DEVELOPER. 2. CITY AGREES TO REIMBURSE DEVELOPER AS ITS SHARE OF THE COST OF THE ABOVE STATED CONSTRUCTION (INCLUDING ENGINEERING AT THE RATE OF 8% OF THE CONSTRUCTION COST), THE SUM OF THIRTY -FIVE THOUSAND THREE HUNDRED EIGHTY -ONE AND 16100 ($35,381.16) DOLLARS UPON SATISFACTORY COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS BY CITY. 3. DEVELOPER AGREES TO INDEMNIFY CITY AGAINST ANY AND ALL CLAIMS ARISING OUT OF THE CONSTRUCTION OF THE AFORESAID IMPROVEMENTS. EXECUTED IN DUPLICATE ORIGINALS, THIS THE DAY OF 1975 ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND, CITY MANAGER APPROVED: DAY OF JUNE, 1975: ACTING CITY ATTORNEY FIRST SAVINGS ASSOCIATION ATTEST: OF CORPUS CHRISTI BY SECRETARY PRESIDENT \ I o/' Corpus Chri3fi ra�i�oga l20,W � /� %��: '' %� ��! •'.• ��'�'r %� %;; %�� " "i' "' / , / r � � �' i`- '% ,`111 %r • �iock� of curb -� O 4 u 0 try\ O __� 20.0 ' 20, 5' 2 ' • /2 5' d' � � V � /„ Types /J. �yaf ifiii.0 SUrfa •e E Jh ��.,• 1v �, I 3" iyo� f3 "flof Mir r3asF �, e p � Q I .;..•.•:.::•.:c= • e I Q"Cd!/C /IE %3C75E CO/11/!aC %E'q� f0 � � S�CT /ON /.5'/5 y8 °o S/O GEnS.11 /. 0� 5uhgrode com�oc /eo`fo 95% 5 /a; dc�noify C frbm /'hac% of cures /a /'hac/ alealr4 079 2o.> � 3 'Types 'Pu "Hof d�ir fia�a .� • / 8 "Ca /icfic� FJasc compoc %dfo �' � i 95 / 5f Oc�nsi /y 5/v �� 'v�cj� Canc.:;v%� � '•a' • � ?iii y / /= /// i v 6" G lurh �. ., rr!7ri� rr = / /�' rr- 6 "L •Curb � 4, jpraFe� carr�pac�c�d too J5'� s /o' donsi /y% t SEC T/ O N C lUf,'Cr /,.,,,,, /'A/ri /r )/cL/riJ fU /:doe% 6V (a 79 , v CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 17, 1975 I certify to the City Council that $ 35,381.16 , the amount required ti for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: —, Fund No. and Name 220 Street Bond Fund t a • Project No. No. 220 -72 -22 Project Name Everhart Road, Middlecoff Road to Snowgoose Road , from which it is proposed to be drawn, and such money is not appropriated for any other - purpose. �9 -4:— Director of nance FIN 2 -55 Revised 7/31/69 n r4 I" J M AccoUNTINI' 18 A1N 75 9 i 20 a 0 0 CORPUS CHRISTI TEXAS / .A OF wry 2J , 19-L TO THE MEWERS OF THE CITY COUNCIL COPPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING OR['INANCEo A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THt 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. RESPECTFU LIY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE WLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE