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Home My WebLink About14500 ORD - 09/13/1978jkh:9- 13 -78; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TUCKER PROPERTIES, DEVELOPER OF CLUB ESTATES SUBDIVISION, UNIT 3, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE -HALF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARKS ABUTTING ELM HURST LANE, CEDAR PASS DRIVE, AND PRAIRIE DRIVE IN THE CLUB ESTATES SUBDIVISION, UNIT 3, 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 "; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $28,794.65 FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220- 72 -54; 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 Tucker Properties, developer of Club Estates Subdivision, Unit 3, whereby the City will reimburse the developer for one -half the cost of construction of street improvements around the dedi- cated parks abutting Elm Hurst Lane, Cedar Pass Drive, and Prairie Drive in the Club Estates Subdivision, Unit 3, 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 hereby appropriated out of the No. 220 Street Bond Fund the sum of $28,794.65 for the City's estimated share of construction costs, applicable to Project No. 220- 72 -54. SECTION 3. The necessity to authorize execution of the afore- said agreement and to provide the sums necessary to enable the above construction to proceed at the earliest practicable date 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 said Charter rule and that this ordinance be passed .arc`' °�t m 14500 finally on the date of its i`ntroductibn and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_[_5� day of September, 1978. ATTEST: Ci V Secretary MAYO[Pro•iem THE CITY OF CORPUSPgRISTI, TEXAS APPROVED: 13th DAY OF SEPTEMBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By ant City Attorney 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 Tucker Properties, a partnership, developer of Club Estates, Unit 3, hereinafter called "Developer ". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, -Section IV, Subsection F., has dedicated a portion of Club Estates, Unit 3 for use as Parks and Playgrounds; and °- WHEREAS, the "City's" Platting Ordinance provides that the "City" shall bear its portiun 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 Cedar Pass .Drive, Prairie Drive, and Elm Hurst Lane which bound the above described dedicated park. The improvements will be constructed in accordance with the plans and speci- fications approved by the Department of Engineering & Physical Development, January 5, 1978. 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 "Developer" 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" 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 EIGHT THOUSAND, SEVEN HUNDRED NINETY FOUR AND 65/100 ($28,794.65) 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 subdivison 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. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of 1978. ATTEST THE CITY OF CORPUS CHRISTI BY: City Secretary R. Marvin Townsend, City Manager APPROVED: �?U DAY OF , 1978: J. BRUCE AYCOCK, CITY ATTORNEY DEVELOPER: TUCKER PROPERTIES BY: ( THE STATE OF TEXAS Q COUNTY OF NUECES I Before me, the undersigned authority, on this day personally appeared Henry L. 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. Given under my hand and seal of office this the Z g day of AQ G r r ST 1978. `�pUnurgrr . PRY'PtlB�G; . Notary Pu is in and for Nueces Coun , Te as CONSTRUCTION COST ESTIMATE PROJECT City Participation, Club Estates Unit 3 SHEET N0. ? OF l (Revised) 'EM DESCRIPTION - QUANTITY QUANTITY + X UNIT UNIT . COST TOTAL I. Clearing & Grubbing 0.59 AC 70.00 42.30 2 Excavation 988. CY 1.30` 2,284.40'' 3. 2" Type "D" Not Mix 2650. sY 2.92 7,738.00" 4. 6" Compacted Caliche 2650. Sy 2. 1 , S. Prime Coat 2650. SY 0.251_ 662.50 6. 6" 'L' Type Curb & Gutter 2256. LF 4.20 5,275.20 7. 4' Sidewalk 4966. SF 1.17 5,810.22 8. Concrete Cylinder,Curb 2.51 EA 14.00 35.1 9. Concrete Cylinder, Sidewalk 1.24 EA 0. Tn Place density for hot mix 0.61 EA 25.00 2 .2 1. Caliche Base Density 3.07 EA 17.50 53.72 e Density Pavement 3.07 EA 17.50 53.72 I- Subgrade Density Curb 6.28 EA 17.50 109.90 UB -TOTAL 26,661.71 NGINEERI CG FEE 8% TOTAL 28,794.6 eC C c ^ D � kX NIBI T j TOTAL PREPARED BY Y.D.S. DATE 1 -30 -78 t: CHECKED BY JOB N0. 72028 P - j Dennis W. Lang, P.E.��pp u a _ 23.Io PC TC'�aRT PT It0U.50 .•c••. �' 1 - .(•= ` '' ' m siI �� •�• L:1t� •� 0 11 1 0 +66.77- _I 2' i I•' TIE W ExtsnNG C a G AND PAVEMENT 1� rin6 ' PI-00 PINEAPR-E c / t d' EXIST ;f I T.0 23.24 -- q" 1 2.5`• l:�i� :25.0 .lrlQ,. 23 �• z�:�'I.' 22458.59 BRAESVALLEV 21.8 �,ro_° t; +3635PINEAPPLE 220. �4J '': 22.2+ 7.37Br7AESVALLEY`. • ' \GB 1 +23.3 , ' GB 21 +96 62 _J 4 15' D.E. TC 22 00 •`R ' _ 21.43 _ ij CHA -LD : 228 rj G61 +49.35 t. 6.. 8 G 14ii `�'2LBC 37 ' _ ;z + ,7 14 r 22 i iy i- GB C 2 3.` 5 E �� fiC6G Y•• 2fC5.53 a 'i -Sca - ' PT •O ',.j.' 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P 5 +56.87 ��; i 3 7C 22C5�7 22.39 24.1 230 6 ° : 51 22.4 I j i. 1I.L -Z +�2 1_ r Ij Y _• �� T 3 +99 T PT 7+ 01 I Iti 25 « TC22. �• :•:� K 22.6 5 237 222 !� 22.2 .I 239 2.8 I T 3 •I i •.�� 22.7 4 2382 4 :j 53 6 GB 9+26.19 4 -C 8G_._- c7----- •�.�1 -- 1 Q TC 225 2 3 ,' • I 7 ; y 4 D? 7 226 22 1 �^f1Jj 22.5 I rrr. i t� I 2 +I' �5 •PC I l +0 73 ' ` . 23.7 ' , 1 PC 10 +50 ' 23.5 22.4 G8 7C 22. 4 _ _ 21.10 j� - :. I Tr ! - PCt2t [ 218 �^ r 8 +10 WAKEFOR - ! 8 TC 22.0 a �` 1 a +02.Ot CHATFIELD 1 1 „ 29 i Ilo; I 21.7 5 - -- » 10+45 GB 8 +45 �z %r.i: GB 7 +75 - � r + 21.70 21.6 7C 21.30 I 1 ; 5; TC 2130 • 1 :! PT TC 2185 _ _ C 21.70 220 "\• _.-: .'._ :i- CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) N. February 1, 1978 I certify to the City Council that $ 28,794.65 , 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 Project No. 220 Street Bond Fund 220-72-:9&51/ Project Name Club Estates Subdivision, Unit 3 -- Street, Sidewalk, Curb and Gutter Construction 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 n h• r._ 1 H,. ACCOUNTINf' r 7 SEP 78 1 H Corpus Christi, Te s �) _day of 19 d 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 ro• I em THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by Ahe following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 1450®