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HomeMy WebLinkAbout13576 ORD - 01/19/1977JKH:vp:1/1 .` /77:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EDGAR H. MOORE AND JULE H. PELS, A PARTNERSHIP, DEVELOPERS OF CRESTMONT SUBDIVISION, UNIT 2, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR ONE -HALF THE CONSTRUCTION COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN CRESTMONT SUBDIVISION, UNIT 2, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $8,646.88 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF COST APPLICABLE TO THE AFORE- SAID STREET IMPROVEMENT, APPLICABLE TO PROJECT NO. 220- 72 -38; 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 execute an agreement with Edgar H. Moore and Jule H. Pels, a partnership, developers of Crestmont Subdivision, Unit 2, whereby the City will reimburse the developers for one -half the construction cost of street improvements around the dedicated park in Crestmont Subdivision, Unit 2, 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 the sum of $8,646.88 out of the No. 220 Street Bond Fund for the City's estimated share of cost applicable to the aforesaid street improvement, applicable to Project No. 220- 72 -38. SECTION 3. The necessity to authorize the aforesaid agreement and the appropriation of the necessary funds in order that the developers of the said subdivision may be reimbursed one -half the cost of construction of street improvements around a dedicated City park 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 be passed finally on the date of its introduction and take effect and be in full force and effect from MICROFILMED JUL 01 h91M 135'716 and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the r�J day of January, 1977. ATTEST: Ulty S- ecretary APPROVED: MDAY OF JANUARY, 1977: J. BR E AYCOCK, CI TORNEY BY: Assistant Cityl4tt&ney Y THE CITY OF CORPUS CHRISTI, TEXAS AGREEMENT THE STATE OF TEXAS j( COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, hereinafter called "City ", and Edgar H. Moore and Jule H. Pels, a partnership, developers of Crestmont 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 o£ Crestmont Subdivision, Unit 2 for use as Parks and Playgrounds; and WHEREAS, the "City's" Platting Ordinance provides that the "Citf 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 Cresthill Drive and Crestpark Drive which bound the above described dedicated park. The improvements will be constructed in accordance with the plans and specifications approved by the Department of Engineering & Physical Development, September 15, 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 EIGHT THOUSAND, SIX HUNDRED FORTY -SIX AND 88/100 ($8,646.88) 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. 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. a EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 197 . ATTEST: THE CITY OF CORPUS CHRISTI BY: City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 197 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance DEVELOPER BY: N ^� ULE H. PELS, PARTNER 24:3.3 f/ T. C. 2 56 S4. 5,3 �tt f o•,y.f" ,I , {'L• p`a ,,y.i•..al, .. l' .1. _.j...i.�,�2' •it.4... �f' 2 +.0 1.32 ��• ..1'. �-`� ;;'Y an:,• :L. `' ••'. 2...:'�.. I.Sa•I•? ;�: : .� I I , .19 Cf�Sfif�A C .+F'.i,,.•f. `F, l', I :I,i ;'v rr_ —•" rr: 253' S 'a1- „'I ;' ".I; ' ”' '•' �'%:`✓d �••c-a� G• "G' 'L• •'Yh 'fir - 'l.. I�.�� '1 i�.� •�,' �f' •�.' 1KI:... �••rf', :a -i {. •:e .,' v: 'C.• 'lei 7.,r <' _, . x kt- .l lii..55((pp•• Tx, 'ftS:'R?yy`� ,'T•.�,.k !•rSF•C+: L. �� _'``�. =. _J � - - - -- '''�'};': _•, .. .. �`�,`i♦iT�. cfi''f'I.�YF' t ". i •�F+:'tt �Ji�arii i' -�� 'E� ro .+ ( � '}! �. }� �� j} lj ' }}.�, - 1— — -� , ., , • � • • • 0fl .• 24.6 '�' G r i;pF �, ^+v.., "aa:.' %� ,,,;"'`' • � — — — •a' ,' - .. � I' tF t P. C. 2 + 01.32 ~ !T ~'�=-- — — — — — .— r4 T. C • 2 4.4 �ytl�! , 24.0 T. C. • ' z4.58 t r ; •I 4 (tvtit f ` z5.4 : P �:'` 0'+ 00 C,RESTHILL DRIVE Uj �� t ilE ".. TO '�EXI5T C.& G. :a S.W. 25.fo J It,�' ' G.B. 2 +36.19 I + O0.6 6 . ; 6:�:` •7 C. `L EFT 25.23 . b it 4• f, r. .i.- 'II ' -- G�3- 2'r3G� is T.C. 24.35. 6ii L - C•'8 �. '4; T.C. RIGHT 25:07• T.C. 24.22 ii ' 'yI f 1lt. PARKS, iIr 1 `J t 1 ?5,0 '25.2 NOTE: CONSTRUCTION COST ESTIMATE PROJECT City Participation Cr -f--f- llni t 9 SHEET NO. 1 OF-' ITEM DESCRIPTION QUANTITY QUANTITY + �. UNIT UNIT COST TOTAL 1. Clearing and Grubbing .347 AC 20.00 6.94` a 548 CY 1.00 548.00 ' 1-1/211 T g D Hot Mix 1,043' SY 1.70' 11773.10 A. " Cqmpacted Caliche 1 043 SY 1.75 1 825.25 ` 5. Prime Coat 1 043 SY 0.17 177.31 6. 6" L- Type Curb and Gutter 487- LF 3.40 1,655.80 " 7. 4' Sidewalk 1,929 SF 1.00 1,929.00 8. Concrete Cylinder curb .97 SET 9. Concrete Cylinder (sidewalk) .482 SET 1 10.00 4.82 " 10. In-place Density for Hot Mix 166 EA 10.00 1.66 ' 11. Caliche Base Density 1.275 EA 15.00 19.12 ' 2. sub grade Densit - Pavement 1.275" EA 15.00 19.12 ` 13. Subgrade Density -Curb 2.435` EA 15.00' 36.51 " SUB-TDTAL 8,006.37 ` ENGIDEERM FEE 8% 640.51 TOTA V 8,646.88 TOTAL 8,646.88 PREPARED BY CHECKED BY. DWL q!p u�aaao DATE September 17_1976 JOB NO. 10472.20 CITY Off' COMFUT CHRISTIr TEXAS CERTTMUTION OF FUNDS (City Charter Article IV Section. 21) January 7, 1977 Y certify to the City Council that t 8,646.88 , 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 Project No. Project Name Crestmont Subdivision - Unit 2 220 Street Bond Fund 220 -72 -38 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. j FIN 2 -55 Revised 7/31/69 1,l CORPUS CHRISTI TEXAS I9 DAY OF L-_� 19 �� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE 3U3PEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 13 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 TH13 ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JA30N Luer Av DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T E FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. .CJ EDWARD L. SAMPLE