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Home My WebLink About14819 ORD - 03/07/1979• jkh:3-2-79;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TUCKER PROPERTIES, DEVELOPER OF WOOLDRIDGE CREEK SUBDIVISION, UNIT II, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR IMPROVEMENTS REQUIRED BY THE CITY OVER AND ABOVE THOSE SET FORTH IN THE PLATTING ORDI- NANCE AND FOR THE CITY'S PRO RATA SHARE OF CONSTRUCTION COSTS PLUS ENGINEERING FOR STREET IMPROVEMENTS ON AIRLINE ROAD WEST WITHIN THE WOOLDRIDGE CREEK SUBDIVI- SION, 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"; APPROPRIATING $57,556.54 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSISAPPLICABLE TO PROJECT NO. 220-72-68; 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 Tucker Properties, developer of Wooldridge Creek Subdivision, Unit II, whereby the City will reimburse the developer for improvements required by the City over and above those set forth in the Platting Ordinance and for the City's pro rata share of construction costs plus engineering for street improvements on Airline Road west within the Wooldridge Creek 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 out of the No. 220 Street Bond Fund the sum of $57,556.54 representing the City's estimated share of construction costs applicable to Project No. 220-72-68. SECTION 3. The necessity to authorize execution of the agreement and to appropriate the sums, all as more fully set forth hereinabove, 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 that such emergency and necessity exist, having requested the suspen- sion of the Charter rule and that this ordinance be passed finally on the date MICROFILMED -JUI n R'98O 14819 • 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: Cl J Secretary APPRJCED: _DAY OF MARCH, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By /641 Assistant Cl orney MAYOR THE CITY CHRISTI, TEXAS • • AGREEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES 1 This agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, Texas, ("Party of the First Part") hereinafter called "City", and Tucker Properties, a Partnership ("Party of the Second Part") being referred to as "Developer", and pertains to the City's share of the cost for improvements when City participation is set forth in the Platting Ordinance and for improvements required by the City over and above those set forth in the Platting Ordinance in the development of Wooldridge Creek Subdivision, Unit 2. NOW, THEREFORE, the City and the Developer agree as follows: 1. The Developer will construct street improvements in Airline Road west within this subdivision with 6" of lime stabilized subgrade, 9" of lime stabilized caliche base and 5" of hot -mix asphaltic concrete surface in lieu of 8" of caliche base and 2" of hot -mix asphaltic surface as the minimum requirement of the City Platting Ordinance. The street is to be 60' wide from the back of curb to back of curb with 4' concrete sidewalks on each side and necessary storm sewers and appurtenances. This 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 FIFTY SEVEN ThOUSAND, FIVE'HUNDRED FIFTY SIX AND 54/100 ($57,556.54) DOLLARS.' The actual reimbursement will be adjusted according to the actual construction cost after completion of the work but is not to exceed the above amount. 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 the project. 4. This agreement shall be executed in duplicate, both of which shall be considered one instrument. When both of the duplicates have been executed by • the City, and at least one duplicate has been executed by the Developer, this 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. WITNESS this day of , 1979. Tucker Properties, a Partnership By Developer John Tucker, Partner CITY OF CORPUS CHRISTI ATTEST: By City Manager City Secretary APPROVED: Day of , 1979 By Assistant City Attorney -2- 1-g V' LOCATION MAP. 80' 60' S. WO/ 145p4 co= •"him. 01,74 Col/Wx, gem • eLblie Veth.9abgrade • Pavemen1 desh-ed .641 Chly 80' ?Vol dik.dsph. C0/74 ,?ab?he ecue klinimun Pi/m/ per P/ohlii7g 07,114ance eX11/5/ CONSTRUCTION COST ESTIMATE PROJECT_Wooldrid_ge Creek Anit 2 Airline West City -Owner Partic,Lp.a.tign_ ITEM 1!' DESCRIPTION 2 OUANTITY IAirline Road West (60 back to a ck ) with 5" Rot Mix x 9 inches Cal Iche Base _(,I ; mo •s fah ; 7 i •,e d)—with-6—i h.e , 14 -me treated subgrade. L4_ OUANTITY SHEET no. _L_OF- _l. UNIT Ii TOTAL COST 2. 15" Asphalt 8014 7.15 T.irp- U-, 414_8 8 57,300,10 6,108-.14 Q4.,823.13_. IiT•U8!' with 2" 4,263.44 7,550, 54 TOTAL PREPARED BY DATE • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 1, 1979 I certify to the City Council that $ 57,556.54 , 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. 220-72-68 Project Name Wooldridge.Creek Subdivision. Unit II. Routing of Airline Road 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 /1.44A., --i 7 , 1922. irector o iinaace Corpus Christi, Texas 7 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. Respectfully, MA THE CITY OF CORP RISTI, TEXAS The Charter Rule was suspended by.he following vote: Gabe Lozano, Sr. Bob Gulley 1. David Diaz Ruth Gill Joe Holt 07//.4"_,. /,1/ _,__ Tony Juarez, Jr. Edward L. Sample 1 The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample by e following vote: ," 401 14819