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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".
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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
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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
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