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Home My WebLink About14635 ORD - 11/22/1978jkh:11-21 -78 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WOODLAND CREEK DEVELOPERS, G. PHIL BERRYMAN, GENERAL PARTNER, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR ONE -HALF THE COST OF CONSTRUCTION OF IMPROVEMENTS AROUND THE DEDICATED PARK ABUTTING WANDERING CREEK DRIVE IN THE WOODLAND CREEK SUBDIVISION UNIT II, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $9,110.87 OUT OF NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF CONSTRUCTION COST APPLICABLE TO PROJECT NO. 220- 72 -61, WOODLAND CREEK SUBDIVISION UNIT II; 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 Woodland Creek Developers, G. Phil Berryman, General Partner, whereby the City will reimburse the developers for one -half the cost of construction of improvements around the dedicated park abutting Wandering Creek Drive in the Woodland Creek Subdivision Unit II, a substan- tial copy of which agreement is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That there is hereby appropriated the sum of $9,110.87 out of the No. 220 Street Bond Fund for the City's share of construction cost applicable to Project No. 220- 72 -61, Woodland Creek Subdivision Unit II. SECTION 3. The necessity to authorize execution of the aforesaid agreement and to provide the sums necessary therefor creates a public emer- gency 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, 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 22-- day of November, 1978. IVi�w�Ut�j ATTEST: City Secretary MAYO T E CITY C CHRISTI, TEXAS MAYOR— APPROVED: OF NOVEMBER, 1978: J. Bruce Ayc ck, City Attorney BY _ 24635 Assistant Attorney THE STATE OF TEXAS COUNTY OF NUECES II AGREEMENT This Agreement is entered into between the City of Corpus Christi, hereinafter called "City^ and Woodland Creek Developers, G. Phil Berryman, General Partner, of Corpus Christi, Developer of 400dland Creek Subdivision, Unit II, hereinafter called "Developer ". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Woodland Creek Subdivision Unit II for use as Parks and Playgrounds; and LJHEREAS, 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" agree as follows: 1- The .,eloper" will construct certain improvements' for and on behalf' Of the "City" including curb and gutter, pavement and sidewalk on Wandering Creek Drive which abuts the above described dedicated park. The improvements will be constructed in accordanc by the Department e with the plans and specifications approved Of Engineering & Physical Development, May 24; 197$. This agreement shall be null and void should the sub b division construction authorized' 3' 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 prorate share of the above described construction cost plus engineering as is shown on the attached Construct' Estimate, marked "EXHIBIT A:, and Map, marked "EIIBIT 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 Nine Thousand One hundred Ten and 87100 ($9,3-10.87) 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 subdivision improvements, -1_ 3. The "Developer" agrees 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 day of - , 1978. ATTESTS . THE CITY OF CORPUS CHRISTI - City Secretary R. Marvin Townsend, City Manager APPROVED: Day of 1978: J. Bruce Aycock, City Attorney - By Assistant City Attorney Director of Finance Developer: WOODLAND CREEK DEVELOPERS' G. Phil Berryman, General Partner WILLIAM B. OGLETREE, P.E. JAMES E. GUNN, P.E. JOE H. BYRNE, P.E. OGLETREE, GUNN & ASSOCIATES ENGINEERING CONSULTANTS September 28, 1978 City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78408 Attn: Mr. Sam Davidson, P. E., Subdivision Engineer Department of Engineering & Physical Development Subject: Woodland Creek, Unit II Corpus Christi, Nueces County, Texas Gentlemen: S EP '.978 WrIft C TEXAS Z I am writing this letter with respect to the final park re- imbursement amount due the developer from the City for the subject project. By our conversation of September 20, 1978, we agreed that the quantities as shown on my letter of June 19, 1978 are correct except that the clearing and grubbing should be changed from 0.32 acres to 0.25 acres. With this change being made, the following quantities and reimbursement are calculated and shown as follows: Item Description Unit Quantity Unit Price Amount 1. 2" ii.M.A.C. SY 726.08 3.25 2,359.76 2. 6" Caliche SY 726.08 2.30 1,669.98 3. 6" Curb.& Gutter LF 365.94 4.45 1,628.43 4. Sidewalk SF 1,471.65 1.25 1,839.56 5. Clearing & Grubbing AC 0.25 14.20 355.00 6. Excavation CY 415.00' 1.50 622.50 Sub - Total.. .......$8,475.23 7'k$ Engineering ...... $ 635.64 TOTAL REIMBURSEMENT..$9,110.87 Attached please find an exhibit showing these improvements. Would you please have the City Legal Department prepare the necessary instrument such that the developer can be reimbursed by the City according to the above amount on completion of the above described improvements. If you have any questions or desire further information, please ado not hesitate to call. Sincerely, {�,jt� /Gew/ �� -z • �� OGLETREE, GUNN & ASSOCIATES Ni on M. Welsh, P. E. NMW:mm Attachment oo a s� 0 WOOOGANO CREEK UN /T.II Pf1RK 1FE 1M64JR5E1WE1V7- EX�I /B /T v