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Home My WebLink About12998 ORD - 01/28/1976JRH:vmr:1- 28- 76;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH G4NDYSTICR OF CORPUS CHRISTI, INC., DEVELOPERS OF CAROLYN HEIGHTS SUBDIVISION, UNIT 5, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR ONE -HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARR IN CAROLYN HEIGHTS SUBDIVISION, UNIT 5, A SUBSTANTIAL COPY OF SAID AGREEMENT, BEING ATTACHED HERETO, MARRED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING $14,868.27 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF COST, APPLICABLE TO PROJECT NO. 220- 72 -25; AND DECLARING AN EMERGENCY. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with Candystick of Corpus Christi, Inc., developers of Carolyn Heights Subdivision, Unit 5, whereby the City will reimburse the developers for one -half the cost to construct street improvements around the dedicated park in Carolyn Heights Subdivision, Unit 5, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $14,668.27 for the City's estimated share of the costs aforesaid, applicable to Project No. 220- 72 -25. SECTION 3. The necessity to authorize execution of the said agree- ment and to appropriate the sums for the purpose hereinabove set forth in order that the project may be commenced without delay creates a public emergency and 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 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 of r its passage, IT IS ACCORDINGLY SO ORDAINED, this the IFIL day of . 1976. ATTEST cliTSe&etary MAYO Olaf THE CITY OF CORPUS CHRISTI, TEXAS APPROVED :DAY OF JANUARY, 1976 UJI194N, -- — — 12995 EXEC., ASST, City Attorney AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, hereinafter cued "City ", and Candystick of Corpus Christi, Inc., A Texas Corporation, developers of Carolyn Heights, Unit 5, Subdivision, hereinafter called "Developers ". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section N, Subsection P., has dedicated a portion of Carolyn Heights, Unit 5, Subdivision for use as Parks and Playgrounds; and WHEREAS, the "City's" Platting Ordinance provides that the "City" shall bear its portion of the cost of curb and gutter and pavement on any street bounding a park being dedicated: NOW, THEREFORE, the "City" and the "Developer" agree as follows: 1. The "Developer" will construct certain improvements for and on behalf of the "City" including curb and gutter, pavement and sidewalk on Parkview Drive which bounds the above described dedicated park. The improvements will be con- structed in accordance with the plans and specifications approved by the Department of Engineering & Physical Development, October 2, 1975. This Agreement shall be null and void should the subdivision construction authorized by the approved plans and specifications not be carried out within the time limits specified in the "City's" Platting Ordinance. The construction will be contracted for and financed by the "Developer ". 2. The "City" agrees to reimburse the "Developers" its prorata share of the above described construction cost plus engineering as is shown on the attached Construction Cost Estimate and Map, both of which are marked "EXHIBIT "A ", attached hereto and made a part hereof. For purposes of this Agreement, the amount of the "City" reimbursement to the "Developer" is estimated to be FOUMEEN THOUSAND, EIGHT HUNDRED SIXTY -EIGHT AND 27100 ($14,868.27) DOLLARS. The actual reimbursement will be adjusted according to the actual construction cost after completion of the work. The "City's" payment to the "Developer" will be made after completion and acceptance of all subdivision improvements. 3. The "Developer" agrees to indemnify the "City" against any claims arising as a result of this project. r 4. The Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of 1976. Ya. THE CITY OF CORPUS CHRISTI BY: City Secretary R. Marvin Townsend, City Manager APPROVED AS TO LEGAL FORM THIS Day of , 1976 City Attorney Director of Finance CANDYSTICK OF CORPUS CHRIST, INC., BY: Roger J. Seaman, President Y�. Corporate Secretary .. I R.!Y S TMI /V 1150.15' ' -------- ---------- -- - - - - -- ° 111. 8 /'--------- ------ -- ------ � - --'- --- /3329'-- - 5Z.52' 52.53ro �'. 57.0 14 1 7 51o. 1 22 R RK A 7 70 .4-c. Ir 2 i h N4 N. 2717 a A(25'E--.J L--N2) Z "'Ol - O'N .01--- r - -//0.01 p SIN o t .O i NZ8 °30E ?7.11' r �� i f1 °'s.t. I � � � /GB[. 200-01 AR 7 IV Z) *E 692.0T V ?1 1 70. 0' Tj 66707 ?1 66.50' o' 4 ih 4& Z-- o bb fl;z ib L le Ri Qf J I CONSTRUCTION COST ESTIMATE FOR CITY PARTICIPATION CAROLYN HEIGHTS UNIT 5 JOB NO. 6083.50 ITEK NO. DESCRIPTION 9RANTITZ UNIT, COST TOTAL 1, Clearing and Grubbing 0.5 62 ---AC 50.00 2 8.10 2. Excavation 1,418, CY 1,15 1.630.70 3,- 1-1/2" Type "D11 Hot Mix 1,631 ✓ SY 1.66 -2,707.46 4. 611 Compacted Gauche 1:631 SY 1.66 2,707.46' '109.891-' 5. Prime Coat 1, 631 0:19 6. 611 "L" Type Curb and Gutter 816' LF 3.60 2*937.60' 7. 41 Sidewalk 3,264 SF l.oO✓ 3,264.00 8. Concrete Cylinder, Curb 1.63— e 3/SET 27.00 44.01 9. In-Place Density for Hot Mix 0.408 EA. 13-50' 5.51E 10. Caliche Base Density 2.04 EA 13.501.1 27.54 11. Subgrade Density, Pavement 2.04 EA 13.50' 27.54./ 12. Subgrade Density, Curb and Gutter 4.08 .10 EA 13 50"',' 55.08 3-3- Concrete Cylinder, Sidewalk 0.816' 3/SET 27:00 22.03 Sub-Total: 13,766.92 .� Engineering Fee, M 1,101.35 TOTAL: 14,868.27 or '000W. I CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) January 28, 1976 I certify to the City Council that $ 14,868.27 , the amount required 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 Project No. 220 -72 -25 Project Name Parkview Drive from which it is proposed to be drawn, and such money is not appropriated for any other purpose. ate.. I- , 19Z4 . l0a Director ofLri nance N FIN 2 -55 Revised 7/31/69 1/ �j� CORPUS CHRISTI, TEXAS p[O�AY OF L"CA-44, 19 / TO THE MENBERS 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. RESPECTFULLY, TR THE CON OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY 4�;. DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GADE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BV JASON LUSY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 'OTE: