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HomeMy WebLinkAbout13537 ORD - 12/22/1976JHK:vmr:12- 22- 76;lst TEXAS: AN ORDINANCE e AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FIRST SAVINGS ASSOCIATION, DEVELOPERS OF FLYWAY UNIT 2, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS OF ONE -HALF THE COST OF STREET IMPROVEMENT CONSTRUCTION AROUND THE DEDICATED PARK IN FLYWAY SUBDIVISION, UNIT 2, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, AP- PROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $11,126.22 FOR THE CITY',S ESTIMATED SHARE OF COST APPLICABLE TO THE AFORESAID PROJECT, NO. 220- 72 -32; AND DECLARING AN EMERGENCY. BEFIT 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 First Savings Association, developers of Flyway Uuit 2, whereby the City will reimburse the developers for one -half the cost of street improvement construction around the dedicated park in Flyway Subdivision, Unit 2, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". r SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $11,126.22 for the City's estimated share of cost _ applicable to the aforesaid project, No. 220- 72 -32. SECTION 3. The necessity to authorize execution of the aforesaid agreement and to provide the sums necessary to reimburse the developers for certain street improvements, as set forth in the agreement, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule and 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 after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 27-- day of December, 1976. ATTEST: CW Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPWVED ,g K- DAY OF DECEMBER, 1976 - "-L4e A:.sa1e"nt City Atornev MICROFILMED,. JL3537 *JUN 3 01980L n AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, hereinafter called "City ", and First Savings Association, a Texas Corporation, developers of Flyway Subdivision, Unit 2, hereinafter called "Developers ". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Flyway Subdivision, Unit 2 for use as Packs 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 along Merganser Drive which abuts the above described dedicated park. The improve- ments will be constructed in accordance with the plans and specifications . approved by the Department of Engineering & Physical Development, September 19, 1975 and revised January .l2, 1976. 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 ELEVEN THOUSAND, ONE HUNDRED TWENTY -SIX AND 22100 ($11,126.22) 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. L 3. The "Developer" agrees to undemnify the "City" against any claims arising as a result of this project. 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 e ch of which shall be considered an original, this the of t day of =, 1976. ATTEST: THE CITY OF CORPUS CHRISTI BY: City Secretary R. Marvin Townsend, City Manager APPROVED AS TO LE AL FORM THIS ^� 1 Day of , 1976 ty At orney Director of Finance ATTEST,;', DEVELOPER •1 FIRST SAVINGS CIATIO %N BY: U 6 BY: LU ,Secretary W. B. Pryor, Sen' r Vice -President CORPUS CHRISTI TEXAS ?DAY OF X_� <���!/i/ 9 �Y TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHR13Tij TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 13 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY K z MAYOR THE CITY OF CORPUS CHRISTI, T AS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON Way OR. BILL TIPTON EDUARDO OE AS E3 RUTH GILL BOB GULLEY �GADE LOZANO, SR. EKRMARc, L. - ,SA MPLE T THE ABOVEv ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON` LUBY OR. BILL TIPTON EDUARDO DE ASES dlul RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE i