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Home My WebLink About14721 ORD - 01/17/1979• vp:1/16/79:1st , 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 DEVELOPERS FOR IMPROVEMENTS REQUIRED BY THE CITY OVER AND ABOVE THOSE SET FORTH IN THE PLATTING ORDINANCE AND FOR ONE-HALF THE PAVEMENT SECTION ABUTTING CITY PROPERTY IN THE DEVELOPMENT OF EVERHART ROAD, FROM SNOWGOOSE ROAD TO CEDAR PASS DRIVE, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $19,076.26 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST APPLICABLE TO PROJECT NO. 220-72-58; 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 developers for improvements required by the City over and above those set forth in the Platting Ordinance and for one-half the pavement section abutting City property in the development of Everhart Road, from Snowgoose Road to Cedar Pass Drive, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $19,076.26 out of the No. 220 Street Bond Fund for the City's estimated share of construc- tion cost applicable to Project No. 220-72-58, Club Estates South Subdivision. SECTION 3. The necessity to authorize execution of the aforesaid agreement and to provide the sums necessary therefor 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, 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 / 7 day .. teary, 1979. ATTEST: C Secret y APPROVED: _DAY OF JANUARY, 1979: J. Brucecock, City Attorney MAYOR THE CIT 14721 RPUS CHRISTI, TEXAS MICROFILMED JUL 08 LSC® • AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into by and between the City of Corpus Christi Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City", and Guy W. Alexander, William D. Wallock and Philip M. Wallock of Corpus Christi, hereinafter referred to as "Developers", and pertains to the City's share of the cost for improvements as set forth in the Platting Ordinance and for improvements required by the City over and above those set forth in the Platting Ordinance and for one—half the pavement section abutting city property in the development of Everhart Road, from Snowgoose Road to Cedar Pass Drive, as shown on the plat attached hereto, marked Exhibit "A". NOW, THEREFORE, City and Developer agree as follows: 1. Developer will construct street improvements on and along Everhart Road, from Snowgoose Road to Cedar Pass Drive, with an 8" caliche base topped with 4" hot—mix asphaltic concrete, said construction to be contracted for and financed by Developer. 2. City agrees to reimburse Developer as its share of the cost of the above stated construction (including engineering at the rate of 7.5% of the construction cost), the sum of Nineteen Thousand Seventy Six and 26/100 ($19,076.26) Dollars upon satisfactory completion and acceptance of the improvements by City. 3. Developer agrees to indemnify City against any and all claims arising out of the construction of the aforesaid improvements. EXECUTED IN DUPLICATE ORIGINALS, this the 30th day of Aueust 1978. ATTEST: City Secretary APPROVED AS TO LE / DAY OF •AL CORM P, IS ,1,,,//.4",,1,,,//.4", J. Bruce Aycock, City Attorney By 1978: Assistant ttorney CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, known to me to be the City Manager of the City of Corpus Christi, Texas, and the same person who signed the foregoing instrument, and acknowledged to me that he executed the same as the act•of the City of Corpus Christi, and as City Manager thereof, for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1978. DEVELOPERS: • Notary Public, Nueces County, Texas William D. Wallock �a�EC�GL Philip M. Waock THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority on this day personally appeared GUY W. ALEXANDER, WILLIAM D. WALLOCK and PHILIP M. WALLOCK, known to me to be the persons whose names are subscribed to this instrument and acknowledged to me that they have executed the same for the purposes and considerations therein expressed and in the capacities stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3Ot day of August , 1978. My Commission Expires: January 31, 1979 Notary Pnb c, Nueces County, Texas elen C. Peterson Ir- CL CEDAR PASS DR. 260/03' Proposed Povernew/ 1 a0 SSW] 1AVO33 Paw rPresen/ 0.0.n! ,4-v 4F7 Po1n �gr9y�y�t, 7�M£! ""•`1 _4�=" .-Mho:-H+rr-ti.� - • r d 80',C', o. PI/ �. 20.4' AS BUILT S/ope Y Per4o/ 18.4 /"Type.07/01114( 4.e J"Type THD/ //%r 4..C. 8"Co/,che Base Typ/co/ S'/res/ Fec/ion Pequesled by Cify o' Zit .5.C. NOT BUILT "/ 47c, /i,,r._ALF_Cllu Or_dineme /tllirrsozurnl 0 0 IN) • CITY OF CORPUS CHRISTI, TEXAS CERT1I.W.ATION OF FUNDS (City Charter Article IV Section 21) October 4, 1978 I certify to the City Council that $ 19,076.26 , 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. 220-72-58 Project Name Club Estates South - Street Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • /7 , �9 � ',FIN 2-55 / Revised 7/31/69 'rector of /'inane • Corpus Christi, T /7 day of 1 0 , 191 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, YOR THE CITY US CHRISTI, TEXAS The Charter rule was suspended by the 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 ,, 111' .. Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 4721- e following vote: