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HomeMy WebLinkAbout14451 ORD - 08/16/1978HHH /t5- lb -7t3 /1st ti;. _ + "= AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH SOUTHVIEW CORPORATION, DEVELOPER, WHERE- BY THE DEVELOPER WILL PAY THE CITY $26,000 FOR THE THICKENING OF THE STREET PAVEMENT WITHIN THE STREETS OF STARCREST UNIT I AND PROVIDE FIVE FIRE HYDRANTS WITH RELATED VALVES AND FITTINGS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DE- CLARING 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 Southview Corporation, Developer, whereby the developer will pay the City $26,000 for the thickening of the street pavement within the streets of Star - crest Unit I and provide five fire hydrants with related valves and fittings, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part here- of, marked Exhibit "A ". SECTION 2. The necessity to immediately authorize the City Manager to enter into an agreement with the aforesaid devel- oper 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 introduc- tion but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having de- clared 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 ,_day of August, 1978. Y ATTEST: City Secretary - MAYOR THE CIT OF CO HRISTI, TEXAS APPROVED 1 MIC MCal J. BRUC YCOC , TY A TO R1 M r BY: Assistant C Attorney 14451 THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES j This agreement, made this day of August, 1978, by and between the City of Corpus Christi, Nueces County, Texas, a municipal corporation and body politic duly organized and existing under the laws of the State of Texas, acting by and through its duly appointed City Manager, hereinafter referred to as "City ", and Southview Corporation, a Texas corporation, acting by and through its president, G. B. Gaines, hereinafter referred to as "Developer "; and WHEREAS, it is the desire of Developer to further develop certain land within the corporate limits of the City upon which there are previously constructed improvements; and WHEREAS, it is proposed by the Developer to develop the land to industrial uses, thereby necessitating certain upgrading of the existing improvements and facilities; and WHEREAS, the existing improvements contemplated to be upgraded under the terms of this agreement are located on land described as a 40.91 acre tract of land out of Blocks 10 and 11, J. C. Russell Farm Tracts and a acre tract of land out of Starcrest Place Subdivision, Unit I and such exist- ing improvements consist of streets and firewater supply systems; and WHEREAS, it is the desire of City to have such existing improvements upgraded to comply with engineering specifications for such proposed indus- trial uses on the land described hereinabove: NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein exchanged and agreed to be kept and performed, each of which covenant is considered to be a valuable right, the parties hereto do hereby covenant and agree as follows: 1. Developer shall pay City the sum of $26,000, which sum represents the cost of additional asphaltic concrete required for the upgrading of the existing streets in Starcrest Place Unit I. 2. Developer shall supply to City five (5) fire hydrants with related valves and fittings, such hydrants, valves and fittings to be in compliance with the City's specifications. 3. City agrees to overlay the existing streets in Starcrest Place Unit I with a minimum of 1 1/2 inch hot mix asphaltic concrete. 4. City agrees to install five (5) fire hydrants supplied by Developer. 5. City shall commence construction of the improvements described hereinabove within a reasonable time following receipt of payment of the cost thereof described in paragraph 1. above. EXECUTED IN DUPLICATE ORIGINALS this day of August, 1978. SOUTHVIEW CORPORATION ATTEST: By G. B. Gaines, President Secretary ATTEST: City Secretary APPROVED: J. Bruce Aycock, City Attorney By. Assistant City Attorney CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager THE STATE OF TEXAS II COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared G. B. Gaines, President of Southview Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Southview Corporation, and that he executed the same as the act of such corporation for the purposes and con- sideration therein expressed and in the capacity therein stated. 1978. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of August, Notary Public in and for Nueces County, Texas THE STATE OF TEXAS 0 COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TJWNSEND , CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCR18ED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRE5SEl,, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , t)_ NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Corpus Christi, Te s p day of 19?/ 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 F COR US IS7I. TEXAS The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz 'Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample te: The above ordinance -was passed by he following vote: Gabe Lozano, Sr. Bob Gulley David Diaz / Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14451-