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Home My WebLink About14037 ORD - 11/16/1977jkh:1O- 11 -77; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GREENWAY VENTURES, A PARTNERSHIP, DEVELOPERS OF GREENWAY GARDENS, UNIT 2, WHEREBY THE CITY WILL REIM- BURSE THE DEVELOPER FOR ONE -HALF OF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDI- CATED PARK ABUTTING SILVER SANDS DRIVE AND DAWN BREEZE DRIVE IN GREENWAY GARDENS, UNIT 2, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $9,115.35 FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220- 72 -49; 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 Greenway Ventures, a partnership, developers of Greenway Gardens Subdivision, Unit 2, whereby the City will reimburse the Developer for one -half of the cost of construction of street improvements around the dedicated park abutting Silver Sands Drive and Dawn Breeze Drive in Greenway Gardens Subdivision, Unit 2, all as more fully set forth in the agreement, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $9,115.35 for the City's estimated share of construction costs, applicable to the hereinabove described street improve- ments, Project No. 220- 72 -49. SECTION 3. The necessity to authorize the City Manager to execute the hereinabove described agreement and to appropriate the necessary funds to accomplish the construction of street improvements around the dedicated park in Greenway Gardens Subdivision, Unit 2, 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 MICROFILMED 14037 A U L 0 7 1,320 GO suspension of the Charter rule and that this ordinance take effect and be in full force and effecj from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the // of October, 1977. ATTEST: City Secretary AP ED: AY OF OCTOBER, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit t orney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect and force with or without the signature of the Mayor, in accordance with Article II Section 6 of the City Charter, AGREEMENT THE STATE OF TEXAS Y COUNTY OF NUECES X This Agreement is entered into between the City of Corpus Christi, hereinafter called "City ", and Greenway Ventures, a partnership, developers of Greenway Gardens, Unit 2, hereinafter called "Developers ". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Greenway Gardens Subdivision, Unit 2 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" agrees as follows: 1. The "Developer" will construct certain improvements for and on behalf of the "City" including curb and gutter, pavement and sidewalk on Silver Sands Drive and Dawn Breeze 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 6 Physical Development, March 7, 1977. 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 marked "Exhibit A" and Map marked "Exhibit B ", both.of which are 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 NINE THOUSAND, ONE HUNDRED FIFTEEN AND 35/100 ($9,115.35) DOLLARS. The actual reimbur- sement 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, succ- essors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1977. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF 1977 J. BRUCE AYCOCK, CITY ATTORNEY DEVELOPER/ G AY VENTURES BY: Roger J. Seaman, Jr., President of Candystick Corporation, General Partner STATE OF TEXAS X COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared Roger J. Seaman, Jr., President of Candystick Corporation, General Partner of Greenway Ventures, Known to me to be the person and official whose name is subscribed to the foregoing instrument of writing and acknowledged to me that he executed the same for the purposes and considerations therin expressed and in the capacity therein stated. GIVEN under my hand and seal of office, this the 2 2 d of 1977. ,`,,111111111 /Iry1j,� �- - RY Fj/eC�'�i,, Notary kublic in and for Nueces !� Z , •.6 Texas CONSTRUCTION COST ESTIMATE For City Participation For PROJECT Greenway Gardens - Unit 2 SHEET NO. 2 OF 1 FITE11 DESCRIPTION - QUANTITY QUANTITY + UNIT UNIT COST TOTAL 2. Clearing and Grubbing Excavation 0.37 AC 30.00 II.J 152" Cy 2.15 174.1 3. 4. 5. 1-112" T "D" Hot L1ix 6" Compacted Caliche Prime Coat 1087 108P' 1087 Sy SY Sy 1.80 1.65 " 0_17 1,956.E 1,793.` 184.7 6. 7. 8. 6" L-T92e Curb and Gutter 4' Sidewalk Concrete Cylinder (Curb) 539 - 2176" 1.078 v LF SF SET 3.50 1.05 39.00 1,886. 2,284.6 42.6 9. Concrete Cylinder (S dewalk) 0.54 SET 39.00 .6 10. In -Place Density for Hot Nix -0.27;'-- EA _00 4.0 11. Caliche Base Density 2.35 EA 15.00 20.2 I2. Subgrade Density, Pavement 2.35 EA 15.00 20.2 _21- SuhgWde D situ. Curb 2.69 EA 15.00" 40.3 CONS21RUC T%ON TOTAL 8.440.2 ENGINEERING 8% 675.2 WTAL 9,115.3 Pc Yec TOTAL PREPARED BY DATE 9-26-77 CHECKED BY ��• JOB NO. 6249.22 _ enowerw..o POND I I m 11> T i 1 P.T. 4 tIE�9.9a . I P.C. 4 - r. rl Ni T C. 213. I I G.B. 12.71 5.5 N 0 6 98 I �a T.C. I P.C. + 3.98 I I : ,' of I i ;J I' i I 1 ? T.C. 13.03 13. 10' TR�4NSIT10 4 T L/ C. & G.. If r1 o��f �;III i 3 +I ILVER SANDS t` 7 +118.9 AWN BREEZE 'rti1, JJ ia.i 6 'L2 & G. , 1I P.C. 6 +73.9 II��J I T.C. 1,3.63 ?� 140 48 ' ,32 o P. 4+89.98 figg' � •'� C.B. P.T. 0 +35 1 I '� °' S':' C. 2 +65 G.B. 94 T.C. 13.55 94.98 I 1 T. C.13. 9 4 L d o T.C. 13.30 '^ m STOCK ter' i f 1 P.T. 1+70 P.T. 4 +89.98 POND 1 }' .•� I ±';" T.C. 13.27 x \ - -P.T 98 1 i . I T.C. . 13.75 T.C. 13.18 1375 1 1 – +25.98 STAR COV +35 SILVER SANDS P R K V. G. `3 +48_7 T.C. 13.8 _ 25 SL. - — – f; SEE PROPOSED FINISHED CONTOUR ELEVATIONS ON THIS LOT SHEET 3 OF12. .1 +90.98 T. C. .7o ao o P.C. 1 +00 28 30 I �o I b� T. C. I3.53 r; - yi •31 14.8 --- - - - - -- ..:r ',o �9 � 14.3 •'' � � ------- - - - - -e - - - - - -- -- - -- ::1 II b, f 0 CITY OF CORPUS CHRISTI TE M CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 23, 1977 I certify to the City Council that $ 9,15.35 , 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 -49 Project Name Greenway Gardens Subdivision, Unit 2 - Street, Sidewalk, Curb & Gutter Construction from which it is proposed to be drawn, and such money is not appropriated for any other purpose. �9T Director of Finan �I FIN 2 -55 Ip� Revised 7/31/69 Corp s Christi, Texas day of/GO'7ull t , 19-L, 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 suspension 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 ordinance 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 th following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the llowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 14032