HomeMy WebLinkAbout13675 ORD - 03/02/1977• JKH:vp:3- 1- 77:lst •
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH JOHN TUCKER, HENRY TUCKER, AND GUY ALEXANDER,
DEVELOPERS OF COUNTRY CLUB ESTATES SUBDIVISION, UNIT 7,
WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR ONE -
HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND
THE DEDICATED PARK IN COUNTRY CLUB ESTATES SUBDIVISION,
UNIT 7. 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 "; APPROPRIATING $22,155.63
OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE
OF THE COST APPLICABLE TO PROJECT NO. 220- 72 -44; 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 John Tucker, Henry Tucker, and Guy Alexander,
developers of Country Club Estates Subdivision, Unit 7, whereby the City
will reimburse the developers for one -half the cost to construct street
improvements around the dedicated park in Country Club Estates Subdivision,
Unit 7, 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 appropriated the sum of $22.155.63 out
of the No. 220 Street Bond Fund for the City's share of the cost applicable
to Project No. 220- 72 -44.
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 and
MICROFILMED
1111 n 71980
1-361,715
•
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day
of March, 1977.
ATTEST:
,.A
City Secretary MAYUR fl-9:1M
THE CITY OF CORPUS C %STI, TEXAS
APPROVED:
DAY OF MARCH, 1977:
J. BRUCE A_YCCO —CK, CI /AAT�T�O�RNEY
BY: YWLGl1�lXfrUVl�w
Assistant CitywAttorney Q
J.3675
•
AGREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES X
This Agreement is entered into between the City of Corpus Christi, hereinafter
called "City ", and John Tucker, Henry Tucker and Guy Alexander, developers of Country
Club Estates, Unit 7, hereinafter called "Developers ".
WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance,
Section IV, Subsection F., has dedicated a portion of Country Club Estates. 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 Parkland
Drive and Fire Creek 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, December 7, 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
Plan marded "EXHIBIT A" and Construction Cost Estimate marked "EXHIBIT B" 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 TWENTY TWO THOUSAND, ONE
HUNDRED FIFTY FIVE AND 63/100 ($22,155.63) 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.
r
CJ
EXECUTED IN DUPLICATE, each of which shall be considered an original, this
the day of , 1977,
ATTEST: THE CITY OF CORPUS CHRISTI
BY:
City Secretary R. Marvin Townsend, City Manager
APP /
i DAY 0 C(/L� , 1977
J. BRUCE AYCOCK, CITY ATTO
BY A�A& �'
Assistant Attorney
Director of Finance
THE STATE OF TEXAS X
COUNTY OF NUECES _X
Before me, the undersigned authority, on this day personally appeared
Henry Tucker , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the
purpose and consideration therein expressed and in the capacity stated.
Give under my hand and seal of office this the
day of � , 1977.
Notary Public in and for N es ounty, Texas
THE STATE OF TEXAS i
COUNTY OF NUECES X
Before me, the undersigned authority, on this day personally appeared
Guy Alexander, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purpose and
consideration therein expressed and in the capacity stated.
Give under my hand and seal of office this the 18
day ofy�, 1977.
\ y
.'S T
a
THE STATE OF TEXAS I
COUNTY OF NUECES T
1
NOTARY PUBLIC IN AND FOR NUE ES OUNTY, TEXAS
Before me, the undersigned authority, on this day personally appeared
John Tucker , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the
purpose and consideration therein expressed and in the capacity stated.
Giv n under my hand and seal of office this the
day of msµ. 1977.
"Al R ( 'puw"'!/ Y
,�.aOCP „Nbe(,C�' Notary Public in and for Nuece Co y, Texas
G.o •'���
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CONSTRUCTION COST ESTIMATE
PROJECT City Participation - Country Club Estates SHEET NO. 7 OF 7
Unit 7
ITEM
DESCRIPTION
QUANTITY
QUANTITY
UNIT
UNIT
COST
TOTAL
1.
Clearing and Grubbing
0.75
AC
200.00
150.00
2.
Excavation
2279
Cy
1.10
2501.40
3.
1 212" Type "D" Hot Mix
2211
SY
2.00
4422.00
4_
Compact C c
" _
SY
1.95
4311.45
5.
Prime Coat
2211
sY
0.16
353.76
6.
6" "L" Ty Curb and Gutter
1125
LF
3.50
3937.50
7.
4' Sidewalk
4348
SF
1.05
4565.40
S.
Concrete Cylinder, Curb
2.25
SEY
30.00
67.50
9.
Concrete Cylinder, Sidewalk
1.09
SE7
30.00
32.70
10.
in-place Density for Hot Mix
0.552
EA
10.00
5.52 "
11.
Caliche Base Densitg
2.76
EA
15.00
41.40
_
12_
Subgrade Density, Pavement
2,76
EA
15.00
41.40
13.
Sabgrade Density, Curb
5.63 ``
EA
15.00
84.45
Sub -Total
20,5 4.48
Engineering Fee, 8%
1 64 5
Total
22 155.63
i
i
's
i
TOTAL
PREPARED BY
DATE 2 -11 -77
CHECKED BY
41r� JOB NO. 9814
o-W-U-
CITY OF CO?A'S ORkISTI, T&XAS
CERTIFICATION OF FUNDS
(City Charter Article W Section 21)
February 18, 1977
I certify to the City Council that $ 22,155.63 , 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 -44
Project Name Country Club Estates Subdivision, Unit 73
Street, Curb and Gutter Improvements
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
FIN 2 -55
Revised 7/31/69
CORPUS CHRISTI TEXAS
DAY OF r /L 19 / 9
TO THE MEMBERS 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 SMALL 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
MAYOR rD;
THE CITY OF CORPUS VRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUST leA'
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
Bos GULLEY
GABE LOZANOp SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
1-3675