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HomeMy WebLinkAbout14789 ORD - 02/28/1979• jkh:2-23-79;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH M. J. HOT MIX CORPORATION, DEVELOPER OF SOLAR ESTATES SUBDIVISION, UNIT 3, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF CON- STRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK WHICH IS BOUND BY RAIN MIST LANE, SUNSHINE AVENUE AND MOONGLOW LANE IN SOLAR ESTATES SUBDIVISION, UNIT 3, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $20,328.88 FOR THE CITY'S SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-65, SOLAR ESTATES SUBDIVISION, UNIT 3; 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 M. J. Hot Mix Corporation, developers of Solar Estates Subdivision, Unit 3, whereby the City will reimburse the developer for one-half the cost of construction of street improvements around the dedicated park which is bound by Rain Mist Lane, Sunshine Avenue and Moonglow Lane, in Solar Estates Subdivision, Unit 3, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby approprated out of the No. 220 Street Bond Fund the sum of $20,328.88 for the City's share of construction costs applicable to Project No. 220-72-65, Solar Estates Subdivision, Unit 3. SECTION 3. The necessity to execute the aforesaid agreement and to appropriate the sums described in order that the orderly development of Solar Estates Subdivision, Unit 3, may proceed without delay 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 suspen- sion 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 MICROFILMED JUL OR /aq4 14789 • • from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the a1 day of F 8 , 1979. ATTEST: ity ecreLary APPROVED: ,24; DAY OF FEBRUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY As ys{tant City Attor 4y MAYOR TH PUS CHRISTI, TEXAS s AGREEMENT • THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, hereinafter called "City", and M. J. Hot Mix Corporation, a Texas Corporation, developer of Solar 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 Solar Estates, Unit 3 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 "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 Rain Mist Lane, Sunshine Avenue, and Moonglow 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 for Unit 2 on January 7, 1977, for Unit 2-A on July 19, 1977 and for Unit 3 on January 13, 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 proprata 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 TWENTY THOUSAND, THREE `HUNDRED TWENTY-EIGHT AED 88/100 ($20,328.88) 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- A • •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. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary BY: R. Marvin Townsend, City Manager APPROVED: day of ,1979 J. BRUCE AYCOCK, CITY ATTORNEY BY: Assistant City Attorney Director of Finance ATTEST: Secretary BILLY R. MOORE, PRESIDENT DEVELOPER: M. J. HOT MIX CORPORATION BY: THE STATE OF TEXAS 1 COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared BILLY R. MOORE, President of the M. J. Hot Mix Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said M. J. Hot Mix Corporation, a Texas Corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN TJHDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. Notary Public in and for Nueces County, Texas 0 = 29°49'52" R = 19.33' T = 10.07' L = 10.07' C = 9.95' cr, O 2 A = 66°39'00' it R = 15.00' T m 9.86' L = 17.45' u - ti C = 16.48' Q3 = 62°54'31" R = 15.00' -1 W T = 9.18' L = 16.47' o C = 15.65' ® A = 12°40'49" - R = 170.00' T = 18.89' L = 37.62' C = 37.55' ® Q = 94°45'01° 11 R = 35.00' T = 38.03' L = 57.88' C = 51.51' © = 90°00'00" u R = 10.00' F" T = 10.00' L = 15.71' 0) I,a C = 14.14' 07 6 = 29°49'52° fft R = 49.33'0 -1 T = 13.14' L = 25.68' C = 25.39' N 89° 55' 08"E 115.00 4 SIDEWALK ;. N 0 6"'L CURB B GUTTER 4 SIDEWALK i - O "'L CURB B GUTTER 1 11) 1 1 14- 4 4 SIDEWALK 15 PIPELINE EASEMENT d GU ER• N '1f 4' SIDEWALK PARK 3.0749 ACRES SOLAR ESTATES UNITS TL , IIA, a TIE 2.3471 ACRES LAND G 0.7278 ACRES LAND 8 W N ER O 25 50 GRAPHIC SCALE IN FEET 65.6 OFINISHED GRADE ELEVATIONS TOP OF CURB I 1 ELEVATIONS •3.0749 ACRES TOTAL N N BOO /3.po•\ S 89° 55' 08" W i 190.00' 4 SIDEWALK /OS EXHIBIT "A" -,_-L -CURB 9 fillTdER=^^-: -- 4...„S 89° 55' 08" W 190.00' 5 VALLEY GUTTERI hld V t 001 EIVGrNfERING -• Ca,+�FANY V 4 COkA.] i. A+;il fG1AS -11-78 C-15 217 JCELLOR ROW iX 7596 ,PUS CHRISTI, TEXAS 78415 HONE: (5121854-028, TELEX: 76-7599 MAVERICK ENGINEER CO PANY February 15, 1979 City of Corpus Christi P. 0. fax 9277 Corpus Christ, Texas 78408 Attention: Mr. James K. Lontos Director of Engineering and Physical Development SYree4 a6://?;e Subject: Reimbursement fornlmprovements fp the Park Adjacent to Solar Estates II, IIA, and III, Corpus Christi, Nueces County, Texas Gentlemen: CORPORATE OFFICES: CORPUS CHRISTI, TEXAS BRANCHES: HOUSTON, TEXAS SAN ANTONIO, TEXAS CORPUS CHRISTI, TEXAS Job No. C15,217 Tabulated below is the amount to be reimbursed to the Owner, M. J. Hot -Mix Corporation, for the above captioned improvements: Unit II Description Quantity Unit Unit Price Amount Clearing & Grubbing .0758' AC $ 150.00' $ 11.37 Street Excavation 90". CY 1.15 103.50' 6" Compacted Caliche 136' SY 1.85"- 251.60', Prime Coat 20.5". GAL .28" 5.74 1-1/2" Hot Mix Asphaltic Concrete 136'" SY 2.00' 272.00 (0' Reinforced Concrete 567' SF 1.10'' 623.70' $1,267.91` Unit IIA Description Quantity Unit Unit Price Amount Clearing & Grubbing .072 AC $ 300.00"° $ 21.60 Street Excavation 89 CY 1.10'- 97.90' 6" Compacted Caliche 210" SY 2.04" 428.40 Prime Coat ' 32 V GAL .281' 8.96'' 1-1/2" Hot Mix Asphaltic Concrete 210'" SY 2.45'' 514.50' 6" "L" Curb & Gutter 105'" LF.... -3.80399.00'' Reinforced Concrete 420' SF 1.10` 426.00°' $1,932.36' II F -2 - Unit III Description Quantity Unit Clearing & Grubbing .566 ✓ AC Street Excavation 1440- CY 6" Compacted Caliche 1631' SY Prime Coat 2451' GAL 1-1/2" Hot Mix Asphaltic Concrete 1631V, SY 6" "L" Curb & Gutter 765' LF Reinforced Concrete 3112v LF Total Construction Engineering @ 7.5% of Construction Cost Total Reimbursement: Job No. C15,217 Unit Price Amount $ 70.00v $ 38.92 1.15 " 1,656.00 2.10' 3,425.10v .28v 68.60' 2.50v 4,077.50 3.80' 3,021.00, 1.10 V 3,423.20 $15,710.32 $18,910.59 1,418.29 $20,328.88 Also submitted herewith are copies of calculation sheets, layout sheet and tabulation of the contractors cost for the improvements for this project. We appreciate your attention in this matter. If you have any questions or need further information, please feel free to call on us. Sincerely, MAVER ENGI Ben E. Cordel BEC/lcw Glt'c, ec( Art �i/e1 Z-�.1-79 CITY OF CORPUS CHRISTI, TEXAS, CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 26, 1979 • I certify to the City Council that $ 20,328.88 , 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. 220-72-65 Project Name Solar Estates Subdivision, Unit 3 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 Di ector ofgnance • Corpus Christi, Tees .Z9 day of 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. • 19 7, Respectfully, A r-� .40 MAYOR _' THE CITY IF Cs:' ISTI, 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 Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample by he following vote: 14789