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Home My WebLink About14815 ORD - 03/07/1979• jkh:3-2-79;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HENRY L. TUCKER, DEVELOPER OF HIDDEN VALLEY SUBDIVISION, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK WHICH ABUTS HIDDEN VALLEY TRAIL IN THE HIDDEN VALLEY SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRI- ATING $11,621.76 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-67; 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 Henry L. Tucker, developer of Hidden Valley Subdivision, whereby the City will reimburse the developer for one-half the cost of construction of street improvements around the dedicated park which abuts Hidden Valley Trail in the Hidden Valley Subdivision, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $11,621.76 out of the No. 220 Street Bond Fund for the City's estimated share of con- struction costs applicable to Project No. 220-72-67. SECTION 3. The necessity to authorize execution of the hereinabove described agreement and to appropriate the sums necessary to effect the terms of the said agreement in order that the developer may be reimbursed one-half the cost of street construction abutting the said park, in compliance with the City's Platting Ordinance, creates a public emergency and an impera- tive 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 that such emergency and necessity exist, having requested the suspension of the Charter rule and that MICROFILMED JUI n919$0 14815 • • 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 day of March 1979. ATTEST: Ci y Secretary APPROVED: ArDAY OF MARCH, 1979: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CI Y OF CHRISTI, TEXAS • AGREDIENT THE STATE OF TEXAS j COUNTY OF NUECES This Agreement is entered into between the City of Corpus Christi, hereinafter called "City",. and Henry L. Tucker, developer of Hidden Valley Subdivision, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Hidden Valley Subdivision 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 Hidden Valley Trail which abutts 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. 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 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 "Developer" is estimated to be ELEVEN THOUSAND, SIX HUNDRED TWENTY 0 E AND 76/100 ($11,621.76) 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. -l- 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 ATTEST day of , 1979. BY: THE CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1979: J. BRUCE AYCOCK,.CITY ATTORNEY BY Assistant City Attorney Director of Finance DEVELOPER: Henry L. Tucker, Owner THE STATE OF TEXAS. X COUNTY OF NUECES j Before me, the undersigned authority, on this day personally appeared Henry L. Tucker, known to me to be the person 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. ITEM DESCRIPTION NO. Job No_ 14304 CONSTRUCTION COST ESTIMATE FOR CITY PARTICIPATION FOR RIDDEN VALLEY SUBDIVISION QUANTITY UNIT UNIT COST TOTAL 1. Clearing & Grubbing 0.327 AC 2. Excavation 713" CY 3. 1-1/2" Type D Rot Mix 981'/ SY 4. 6" Compacted Caliche 981 SY 5. Prime Coat 981W-- SY 6. 6" L Type Curb & gutter 475 ✓ LF T,.. 4' Sidewalk 1845 SF 8. Concrete Cylinder (curb) 0.95' Set 9. Concrete Cylinder (side- walk) 0.461 Set 10. In-place density for hot/ mix •-0.23 EA 11. Caliche Base Density 1.187 EA 12. Subgrade density pavement 1.187/ EA 13. Subgrade density, curb 2,375/ EA CONSTRUCTION TOTAL Engineering 8% GRAND TOTAL 280.00 1.45 2.32 2.40 0.25 4.67 1.30 39.75 39-75 17.50 17.50 17.50' 17.50 /P4 lrox/- C.6let4«J tc Arrro✓C'c/ -1412.„...ast-e-,._ 007 91.56' 1,033.85 - 2,275.92 2,354.40 245.25 2,218.25 `'" 2,398.50 37.76 18.28 4.02 • 20.77'/ 20.77' 41.56 V/ .111,760.89Y 860..87 N •11,621.76 4:X14113/T ,4 4404 /41 SITE 8 0} oa �y STA 5+ 25.93 STA 5+ 97, 56 zrr171 LOCATION MAP (NO SCALE) STA 4+67.17__ 0 05 65 1STA 7 ! STAG TA 85.35 STA 1+24.98 11 STA 2 + 00 55 t0 45 STA 2+68.44 STA 3 + 99, 56 STA0+72.92 'ao .SIA I+43.83 40 NI • CITY OF CORPUS CRRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 1. 1979 I certify to the City Council that $ 11,621.76 , 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. 220-72-67 Project Name Hidden Valley Subdivision 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 7 , 19 7, i�a ��1 6,074 rector of nonce • Corpus Christi, Texas 7 day of/%2., ,19 7 70 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_ 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 the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 1481.5