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Home My WebLink About14594 ORD - 11/01/1978jkh:10- 31- 78;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GUY W. ALEXANDER, WILLIAM D. WALLOCK, AND PHILIP M. WALLOCK; DEVELOPERS OF CLUB ESTATES SOUTH SUBDIVISION, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE -HALF THE COST OF STREET IMPROVEMENT CONSTRUCTION AROUND THE DEDICATED PARK ABUTTING CEDAR PASS DRIVE, WINROCK LANE AND ELM HURST LANE IN CLUB ESTATES SOUTH SUBDIVISION, 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 $15,413.78 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220- 72 -57; AND DECLARING 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 Guy W. Alexander, William D. Wallock, and Philip M. Wallock, developers of Club Estates South Subdivision,-whereby the City will reimburse the developer for one -half the cost of street improvement construction around the dedicated park abutting Cedar Pass Drive, Winrock Lane and Elm Hurst Lane in Club Estates, South Subdivision, 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 there is hereby appropriated the sum of $15,413.78 out of the No. 220 Street Bond Fund for the City's estimated share of construction costs applicable to Project No. 220- 72 -57. SECTION 3. The necessity to authorize execution of the afore- said agreement and to provide sufficient funds to carry out the City's share of the aforesaid construction 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 ROFI"MEul tJUL 0 8 14591 and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_ /at day of November, 1978. ATTEST: 'City Secretary MAYOR APPROVED: THE Cl 4OFC CHRI STI, TEXAS 1st DAY OF NOVEMBER, 1978: J. BRUCEAA,Y/COCK, CITY ATTORNEY B L(/ Assistant C' ttorney 0 - ' � r _ - } .. }[fir ?_t'Y.,i'� • . { r .. 7 L' �9. � ,r � s: %, � ;,^� v.1 i.�.3'?: �'� 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 Guy W. Alexander, William D. Wallock and Philip M. Wallock all of Corpus Christi, Developers of Club Estates South, hereinafter called "Developers ". WHEREAS, the "Developers" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., have dedicated•a portion of Club Estates South 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 "Developers" agree as follows: I. The "Developers" will construct certain improvements for and on behalf of the "City" including curb and gutter, pavement and sidewalk on Cedar Pass Drive, Winrock Lane and Elm Hurst Lane 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, January 3, 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 "Developers ". 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" attached hereto and made a part hereof. For purposes of this Agreement, the amount of the "City" reimbursement to the "Developers" is estimated to be Fifteen Thousand Four Hundred Thirteen and 78/100 ($15,413.78) Dollars. The actual reimbursement will be adjusted according to the actual construction cost after completion of the work. The "City's" payment to the "Developers" will be made after completion and acceptance of all subdivision improvements. 3. The "Developers" agree to indemnify the "City" against any claims' arising from the construction 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 HOth day of August 1978. ATTEST THE CITY OF CORPUS CHRISTI BY: City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By / / ✓�XJ ` Assistan y Attorney Directbr o finance DEVELOPERS By: zj'l jury W. Alexander ,William D. Wallock Philip M. Wallock THE STATE OF TEXAS COUNTY OF NUECES Before me, the undersigned authority, on this day personally appeared Guy W. Alexander, William D. Wallock, and Philip It. Wallock, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purpose and consideration therein expressed. I Given under my hand and seal of office this 30th day of August 1978. My CommiI IO' E7:piTeS: Notary blic In and For Nueces County, January 31, 1979 exas Helen C. Peterson -2- 5002 CHANCELLOR ROW P. O. BOX 7596 CORPUS CHRISTI, TEXAS 78415 (512) 854 -0281 TELEX: 76.7599 MAVERICK ENGINEERING CbMPANY .r v February 1, 1978 City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Attention: Mr. James K. Lontos Director of Engineering and Physical Development Subject: Reimbursement for Improvements to the Park Adjacent to Club Estates South Subdivision, Corpus Christi, Nueces County, Texas. 8033 PINEBROOK SAN ANTONIO, TEXAS 78230 (572) 349.3963 Job No. C- 14,005 Gentlemen: Tabulated below is the amount to be reimbursed to the owners, Guy Alexander, William Wallock and Phillip Wallock, for the above captioned improvements: Description Quantity Unit Unit Price , Amount Clearing & Grubbing 0.53 ✓ AC 70.00` 37.10 Street Excavation 322.7" CY 1.30 ` 419.51' 6" Compacted Caliche 1,586-', SY 2.10 3,330.60 " Prime Coat 1 -1/2" Not Mix Asphalt Pavement "L" 1,586`` SY 1,586` SY 0.25" 396.50' 2.24- 3,552.64 6" Curb & Gutter 4' 729' LF _ 4.20 ' 3,061.80 R.C. Sidewalk Subgrade 2,860' SF 1.17 " 3 346.20 Density 5.5' EA 17.50 ` 96.25 Caliche Density 1.86` EA 17.50 32.55' Concrete Cylinders 4.35" CYL 15.00 " 65.25' Total Construction $14,338.40 Engineering @ 7.5% of Construction Cost $ 1,075.38 Total Reimbursement $15,413.78 ✓ Also submitted herewith is a calculation for the improvements for this sheet, layout sheet and tabulation of bids, As project. Heldenfels Brothers is the successful reflected on the tabulation of bids, bidder and will perform the work on the project. We appreciate your attention in this matter. If you have any questions or need further information, please feel free to call on us. ve� Sincerely, MAAVVERICK ENGINEERING COMPANY Eduardo Garana, Manager Civil Department EG:ah ,� � ' � ' . � g '. EVEf�,f�A RAT ,• • ROA D. 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J C, �' • ' f . �^. a I I. • ( i /8. .1 . �'` ��.� ",,,,� � � `� � � .� � 11.4 �' � �` �'� � `E5:' I � i �` ,.� / I• j , • PARK J . ,o' '�� I '7 I ��e�. , ' I /SQL. /�B� ern \� v r '''� I I I /5 /Gf \I '� .30 % z5. \ .32 z s. `I ' 45 �/ • Z= , l 4 T /T 4G `' I;;I , . �,,,�1 i• _ — ,t�'UE� �Ut On /Y) _O � _ y Lc�" -- z'`'' � — —�—� • � —�-� -- �..... _ — -- ;;,.,, , • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 4, 1978 I certify to the City Council that $ 15,413.78 , 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 No. 220 Street Bond Fund 220- 72 -57� Project No. r Club Estates South - Street, Curb, Gutter Project Name & Sidewalk Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. /.�' 19 /C3 N / J�- -Director—of Finance #FIN 2 -55 ebb Revised 7%3169 1� Corpus Christi> 7 xas lai _day of 19A 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, The Charter Rule was suspended by a following vote: Gabe Lozano, Sr. Bob Gulley David Diaz 'Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by 'e following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14594 Y