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Home My WebLink About14726 ORD - 01/17/1979'Ash vp:1/16/79:1st , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH H.E.R. DEVELOPMENT COMPANY, DEVELOPER OF CASTLE RIVER SUBDIVISION, UNIT II, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARK WHICH IS ABUTTED BY CASTLE RIDGE DRIVE IN THE CASTLE RIVER SUBDIVISION, UNIT II, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $1,299.27 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-62; 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 H.E.R. Development Company, developer of Castle River Subdivision, Unit II, whereby the City will reimburse the developer for one-half the cost to construct street improvements around the dedicated park which is abutted by Castle Ridge Drive in the Castle River Subdivision, Unit II, a substantial 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 $1,299.27 out of the No. 220 Street Bond Fund for the City's estimated share of construc- tion costs applicable to Project No. 220-72-62, Castle River Subdivision, Unit II. 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 of January, 79 ATTEST: • C Secretary.-- APPROVED: ecretary-APPROVED: "DAY OF JANUARY, 1979: J. Bruce' cock, Ci a! Attor ey /L/ ttrrc. By City At % ney MAYOR THE 'TY OF 'ORPU ISTI, TEXAS 14726 MICROFILMED JUL 0 8 1980 • THE STATE OF TEXAS ) AGREEMENT COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, hereinafter called "City", and H.E.R. Development Company, a partnership, developer of Castle River Subdivision, Unit 2, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection.F., has dedicated a portion of Castle River Subdivision, Unit 2 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, IbEHi FORE, 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 Castle Ridge Drive 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, April 10, 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 prorate share of the above described construction cost plus engineering as is shown on the attached Construction Cost Estimate, marked "EXHIBIT B", and Map, marked "EXHIBIT A" 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 ONE THOUSAND, TWO HUNDRED NINETY NINE AND 27/100 ($1,299.27) 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. 3. The "Developer" agrees to indemnify the "City" against any claims arising as a result of this project. -1- • 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 , 1979. AFrEST THE CITY OF CORPUS CHRISTI BY: City Secretary R. Marvin Townsend, City Manager APPROVED: Day of , 1979 J. BRUCE AYCOCK, CITY ATTORNEY BY Assistant City Attorney / - ector of .ance DEVELOPER: H.E.R. DEVELOPMENT COMPANY BY: A. M. Ewing, Jr., Partner THE STATE OF TEXAS G COUNTY OF NUECES 0 Before me, the undersigned authority, on this day personally appeared A. M. Ewing, Jr., Partner of H.E.R. Development Company, known to me to be the person and official 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 day of , 1979. Notary Public in and for Nueces County, Texas • 74s. 94• 3.423 Asc.• PARIY- 74S. 94' ut.18 — - rzr-L.5. 17 • • STI'. 2 3. 42 G.12. r_140 P4.v.t4•3 it -G4 G STA. cl• 34 P4.12.i. 12 0 e-mEIST c-.• STD. 23,'a. 04.1Zit. aac !7 COL1.1.8111 (33) Ars 57LE ie. . '4111, 6 - LOCATIONMAP EXHIBIT CONSTRUCTION COST ESTIMATE Job No. 12004 pROJECT Cas t1e River Unit 2 SHEET NO 1.OF 1- - City Participation ITEM DESCRIPTION QUANTITY 1 QUANTITY T i _ _% , L 4-, UNIT UNIT t COST 1 TOTAL 1. Clearing &-Grubbing .04175 I I 7-0.0_ 2ISxcavatinn ICY -OD 3. 1-1/2" Type D Hot Mix --o ,-,-- ,1 184..- SY 0- 2.20 0 I 4. 6" Compacted Caliche ii 184 --404.80-- 5. Prime Coat 1841 gY D 36-B0 6. 6" 1, type curb & gutter v 11, 73J1 ii 3-715 _ 7. 4' Sidewalk 11 86 I _LE' _273.75 . 98.90 8. Concrete_CLUnsZe_.r__(_curb) 14 I 43. _9_.___ 10. con_cre_t_e_cyzinze,(..414.4-k) In place density for hot mix _„0211- .03_ZAK JEA 1 I11 13. J2.4_0.65 — 1.93 - 0:-.-28 11. Caliche Base densittl ,1875k B - 12. _13. _ Subgrade densit_y, pavement $3.1.bgradiadansi fry curb . _._117 i ..4- j 1_7-5_0 3.28_1 , —0--36-51---- MEI 17. - -6.39 - i 1 1 I - •STRilCJTDTRL 5.1-,2-14-.-2-7-1,NGINEERINIG 7% 84.99_, RAALD TOT; 299-22 -1 _CI=L4'e • • re e ,..--1.... . / Kr--..--, C(14, -2 - T 1 E 1 T IF 1 ii 1 , Exiti/B / r ‘_23" TOTAL CHECKED BY DATE JOB NO. • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 19, 1978 I certify to the City Council that $ 1,299.27 , 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 flame 220 Street Bond Fund Project No. 220-72-62 Castle River Subdivision, Unit 2 Project Name 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 d'Ar. - /1 , 19 • Corpus Christi, Te /7 day of • ,1979 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, MA OR THE CITY OF C The Charter rule was suspended by e 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 14725