The URL can be used to link to this page

Home My WebLink About13675 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 •'�� Cl ral \ \\�''i% '�/- a 94 :S` °y _ .N yti• �ym a �� 1.. ((,�- h°: ' °a.` r,D/ h oj 0' mb dde t 'r 6pl. 4. LL 1 ON +, y'• ... \\ �S \G "•*.•Oh w- y^ �. `'s `'.V Z� `� h q' . \ y \' > .v_e a_ da'Ss' a_ /� \' OQ � r6•� Qb. / .+ � .d M1 � mo. ^4 J' ss..v. .• Ip ��ii;� 7 4k Pk lb- V1, CP 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