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Home My WebLink About13677 ORD - 03/02/1977• jkh:3 -2 -77; 1st TEXAS: • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH H.E.R. DEVELOPMENT COMPANY, DEVELOPER OF CASTLE RIVER SUBDIVISION,_UNIT I, WHEREBY THE CITY WILL PARTICIPATE IN THE COST OF CONSTRUCTING A PORTION OF McKINZIE ROAD,WHICH ABUTS SAID SUBDIVISION, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS MARKED EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH L. L. WOODMAN, JR. AND SAMMY KINS, OWNERS OF LOT 5, RIVERVIEW ESTATES, WHEREBY THE OWNERS WILL PAY THE CITY THE SUM OF $4,000, REPRESENTING THEIR SHARE OF THE COST OF IMPROVEMENTS, UPON COMPLETION OF THE PROJECT, AND AN ADDITIONAL SUM OF $2,584.85 AT SUCH TIME IN THE FUTURE AS THE USE OF THE PROPERTY CHANGES FROM MOBILE HOMES TO RESIDENTIAL OR COMMERCIAL, AS MORE FULLY DESCRIBED AND SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B "; APPROPRIATING $18,337 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220- 72 -40; AND ESTABLISHING AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND IN THE AMOUNT OF $4,000; 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 H.E.R. Development Company, developers of Castle River Subdivision, Unit I, whereby the City will participate in the cost of constructing a portion of McKinzie Road which abuts said subdivi- sion, 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. SECTION 2. That the City Manager be and he is hereby authorized to execute an agreement with L. L. Woodman, Jr. and Sammy Kins, owners of Lot 5, Riverview Estates, whereby the owners will pay the City the sum of $4,000, representing their share of the cost of improvements, upon completion of the project, and an additional $2,584.85 at such time in the future as the use of the property changes from mobile home to residential or commercial, as more fully set forth in the agreement attached hereto and made a part hereof, marked Exhibit "B ". SECTION 3. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $18,337,applicable to Project No. 220- 72 -40; and authorization is hereby given for establishment of an accounts receivable in the No. 220 Street Bond Fund in the amount of $4,000. MICROFILMED,, 9.6 JUL 0 71980 SECTION 4. The necessity to execute the agreements aforesaid and to provide the necessary funds in order to construct the improvements contemplated,hereinabove more fully described, 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 after its passage, IT IS ACCORDINGLY SO ORDAINED, this the AAC day of March, 1977. ATTEST: Gify Secretary'MAYOR �ro:Te�g THE CITY OF CORP CHRISTI, TEXAS APPROVED: 2nd DAY OF MARCH, 1977: J. B UCE AYCOCK, My ATTORNEY BY Assistant C y Attor J3677 • AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES • This agreement is entered into between the City of Corpus Christi, Texas, a Municipal Corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City", and H.E.R. Development Company, hereinafter referred to as "Developer ". WHEREAS, the City and Developer of Castle River Subdivision, Unit I desire to jointly construct a portion of McKinzie Road abutting said subdivision and: WHEREAS, the limits of said joint participation are shown in the attached Exhibit "A" and: WHEREAS, the Developer has solicited competitive bids for the McKinzie Road joint participation satisfactory to the City. NOW, THEREFORE, City and Developer agree as follows: 1. The Developer will construct, or cause to be constructed, all of McKinzie Road abutting Castle River, Unit I, as shown on plans.on file in the office of the Director of Engineering and Physical Development - Drawing No. ST 556. 2. City and Developer will participate only in the portion of McKinzie Road from Station 7 +39.20 to McKinzie Lane. Developer will pay all costs of the work on McKinzie Road east of a line eleven feet (11') east of the centerline of McKinzie Road, including any engineering changes from his Engineer relating to the project. City will pay for all other remaining costs of road construction in McKinzie Road from Station 7 +39.20 to McKinzie Lane and not to exceed the costs listed in Item 3 below. 3. City will pay to Developer the following costs: (al Roadway Costs ..................$18,037.50 (b) Testing Fee .................. 299.50 TOTAL ..................$18,337.00 City to pay Developer upon proper billing and after McKinzie Road improve- ments and all other Castle River Subdivision, Unit I improvements are completed and accepted by the City. 4. Developer will perform no work in McKinzie Road from McKinzie Lane to Station 7 +39.20 until authorized in writing by the Director of Engineering and Physical Development. EXECUTED IN DUPLICATE, each of which shall be considered an original this the day of 1977. ATTEST -.. . w-- THE CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED: 111Y OF , 1977 J. BRUCE AYCOCK, CITY ATTORNEY H.E.R. DEVELOPMENT COMPANY i By By �. Assistant City Attorney `A. M. Ewing, Jr.,(,Partner Director of Finance o � �. ,•1V . Ir fit ig , - F ° /no x Y`,t a aj ►, a� o, \- � JY Th All' / i / �� ` .� � ♦ ��. - . - {24.5 *- _� c,\ � - . �.al tY / \ \ate ` _u`A•`ry`_�'�l`� /'f'�. IF All f \ �\ any • �� \-� 0�4 g9� .e ♦Py / _ -Z2 . � � \ ._• _ iLr 1 . - � -tea • r 5] ACREEMENT THE STATE OF TEXAS i COUNTY OF NUECES X This agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, Texas, ( "Party of the First Part ") hereinafter called "City ", and L. L. Woodman, Jr. and Sammy Kins, ( "Party of the Second Part ") being referred to as "Owner ", and pertains to the "Owner's" share of the cost for improvements of McKenzie Road abutting owner's property known as Lot 5 Riverview Estates, recorded in Vol. 34 p. 115. NOW, THEREFORE, the City and the Owner agree as follows: 1. The City agrees to construct or cause to be constructed, McKenzie Road abutting the owner's property and as shown on attached exhibit, with curbs, gutters and sidewalks and paving to a width of 40' measured from back of curb. 2. The Owner will pay the City upon completion.of the project $4,000.00 as his share of the cost for the improvements and such payment shall be final for the improvements as described in paragraph 1 above for as long as the use of the owner's property remains as a mobile home park. 3. The Owner further agrees to pay the City an additional $29584.85 at such time in the future as the use of the property changes from mobile home to residential or commercial. 4. This agreement shall be executed in duplicate, both of which shall be considered one instrument. When both of the duplicates have been executed by the City, and at least one duplicate has been executed by the Owner, this 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. WITNESS this day of , 1977. Owner CITY OF COR US CHRISTI ATTEST: City Manager City Secretary APPROVED: day of 1977 J. BRUCE AYCOCK, CITY ATTORNEY t Assistant City Attorney ' tit NJ lop All CITY OF CORPUS CHRISTI TE1[AS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 21, 1977 I certify to the City Council that $ 18,337.00 , the amotmt 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 -4o Project Name Castle River Subdivision, Unit I, Construction of McSiazie Road from which it is proposed to be drawn, and such money is not appropriated for any other purpose. w.1 / , 192_ mi.. ="M/ 67� Revised sedV31/69 3,I 0 .. CORPUS CHRISTI, TEXAS A?AfLDAY OF • "' , i9a 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 SHALL 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, _71, MAYOR EIo_ etg THE CITY OF CORPUS CH ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY JA GABE LOZANO, 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 I -3G / 7