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HomeMy WebLinkAbout13614 ORD - 02/09/1977JKH:bb:2 /8/77 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH V. A. NOLEN, DEVELOPER OF NOLFORD PLACE SUBDIVISION, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE -HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARR ABUTTING ROUND ROCK ROAD IN NOLFORD PLACE SUBDIVISION, A SUB- STANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT °A "; APPROPRIATING $1,389.81 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTnJATED SHARE OF CON - STRUCTION COST APPLICABLE TO PROJECT N0. 220- 72 -43; 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 V. A. Nolen, developer of Nolford Place Subdivision, whereby the City will reimburse the developer for one -half the estimated cost to construct street improvements around the dedicated park abutting Round. Rock Road, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit 'W'. SECTION 2. That there is hereby appropriated the sum of $1,389.81 out of the No. 220 Street Bond Fund, applicable to Project No. 220 - 7243, to cover the City's estimated share of construction coat for street improvements around the dedicated park abutting Garner Road in Nolford Place Subdivision. SECTION 3. The necessity to execute the aforesaid agreement and to appropriate the sums above described at the earliest practicable date in order to provide the street improvements outlined in the said agreement creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolu- tion 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after MICROFILMED JUL 0 11980 13614 its p�eags, IT IS ACCORDINGLY SO ORDAINED this the day of p //� , 1977. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ADAY OF FEBRUARY, 1977: J. BRUCE MOCK, CI ATTORNEY By Assistant City torney • AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, hereinafter called "City", and V. A. Nolen, developer of Nolford Place Subdivision, hereinafter called "Developer". WHEREAS, the 'Developer" in compliance with the" "City's" Platting Ordinance, Section IV, Subsection F., has dedicated's portion of Nolford Place 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 Round Rock.Rd. which bounds 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, November 4, 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 "Developer" its prorate 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 Agreemen the amount of the "City" reimbursement to the "Developer" is estimate o be ONE THOUSAND, THREE HUNDRED EIGHTY NINE AND 81 /100 ($1,389.8 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. 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: 00- DAY OF ,1971: J. BRUCE AYCO CITY ATT Y BY & Aqzt Assist PX Yity Attorney Director of Finance DEVELOPER BY: LO V. A. Nolen State of Texas County of Nueces J( Before me, the undersigned authority, on this day personally appeared V. A- Not -F—A , known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity stated. Given under my hand and seal of office this the day of 1977. a,�e�PRYo PUe,eo' `�' °�Gea,,..»b /�4�s Notary Pu lic in and for Nueces CMW as 0 d t_3 P RIGHT +19.09 T3 6 25' \ G � 734 0 o LEFT 22 20.9 9° 742 4 r <HAINI GI \L v4..73.' 9 ?7�) P1i 9 � TA. I 1 •l J.i;o rL 79.67 Tc. '. NCLFORV ' 12 -tc TA�2i65.7f tc73 99 A II I PcABb"_. �,Je`1 Z r210 6 -j' 27 5TA1 +58.N'sa - -- -__ T.C. 74.11 J., 76.5 74. GVTTEF< 749 Prbt t S��AL 2 3 LE•! 99 PT 7 01.4 TC -7b f+� I �iC'13 53 \ I P •7L 1:1 i' ° b 5 4 75� �e [,+ 6 49 /74,0 P< �e G 5 _ 9TA, O +pO GA RN[17 VC AFT 918 ^,4 \ 157 PT 1 +9),73 1, tC _ -- 27.0E7- 75.9.1 Il'_� �, /fli: 1 75 2 Tc Rl��n '14.56 x d I _ rc 73 7G G 3 - 73 $. � , __. ... _ TC 79,60 TC 75.00' LE' F f TC LEFT -74,9 i.% C 79,9 -149 9 �a r� i +7 TC -75.17 R1GrtT 25 754 Q.,R-S.♦_�n_�.�'r /.�- - •r 73 01 G_ ��r? F3NHPI(. r'JC. -- ,144 �- 75-0 .9TAIf16A1 TA l 5 .OV GAR ER G ALONG j. I T- 79.7t> - \ �'_ "L, Ty. C $ yTO I . CNA 1LAL PARK F170NT p.GE D PC b'n49 I I / \1GB G TIC 73 9 TRAW SIT NTOy.. IL 28 27 zb J, 1 / I� ly �7 � IN 10'N1 L.r LI NE , 33_ 32 31 3 1 FLO RIDP Cng� 140_ .' .c 511 PII'L" ulvE 20" 7G - 15 ISG I -,3 75 2 'x- 76.5— F15,N FRCM 11=iE GRO,JND 201 —_._- - ,P. r a PARK - =� Q) r': CONSTRUCTION COST ESTIMATE PROJECT City Participation, Nolford Place SHEET NO. 1 OF I i DESCRIPTION - QUANTITY QUANTITY + UNIT UNIT COST TOTAL Clearing and Grubbing 1062 AC 10.00 0.62 Excavation 13.5 CY 0,65 8.78 1 1 2' Type D Hot Mix 1419 1.40 201.60 6" Compacted Caliche 144 SY 1.70 244.80 Prime Coat 144 SY 0.15 21.60 6" "L" Type Curb and Gutter 108 LF 3.25 351.00 4' Sidewalk 432 SF 1.00 432.00 Concrete Cylinder, Curb ,216 SET 30.00 6.48 _ Concrete'Cylinder, Sidewalk ,108 SET 30.00 3.24 In -place Density for Hot Mix ,054 EA 10.00 0.54 Caliche Base Density ,270 EA 15.00 4.05 Subgrade Density, Pavement .270 EA 15,00 4.05 Su rade Density, Curb ,540 EA 15.00 8.10 Su -Total 1,286.86 Engineering Fee 8% 102.94 Total 1,389.80 1 �''�'•'� 12 -20 -76 PREPARED BY DATE 4L • CHECKED BY JOB NO. 10852.02 CITY 0? - O ---MM CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section_ 21) January 25, 1977 I certify to the City Council that $ 1,389.81 , 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 No. 220 Street Bond Fund Project No. 220 -72 -43 Project Name Nolford Place Subdivision — S�Lc�ET ei/ies3 6r/iTF2 &AIJTiu/C,-.1d . J from which it is proposed to be drawn, and such money is not appropriated for any other purpose. , 19zz— o irector of F ce FIN 2 -55 ��� Revised 7/31/69 �/ N CORPUS CHRISTI TEXAS DAY OF 1911- 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 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 IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY (2, "�U_ Z_ MAYO THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY FOLLOWING VOTE: JASON Luer 1A.1 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANOp SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T E FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON gmul EDUARDO DE ASES RUTH GILL -l/ BOB GULLEY GAGE LOIAMOS SR. EDWARD L. SAMPLE 13614