HomeMy WebLinkAbout15046 ORD - 08/08/1979vp :8/6/79:1st , •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH HARBOR VILLAGE COMPANY, WHEREBY THE CITY WILL
REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF
CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDI-
CATED PARK WHICH I5 BOUND BY HARBOR LIGHTS DRIVE AND
SEASHORE DRIVE IN THE HARBOR VILLAGE SUBDIVISION, A
SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERE-
TO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO-
PRIATING $12,882 OUT OF THE NO. 220 STREET BOND FUND
FOR THE CITY'S SHARE OF CONSTRUCTION COST APPLICABLE
TO PROJECT NO. 220-77-22, HARBOR VILLAGE SUBDIVISION;
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 Harbor Village Company, 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 Harbor Lights Drive
and Seashore Drive in the Harbor Village Subdivision, 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 $12,882
out of the No. 220 Street Bond Fund for the City's share of construction cost
applicable to Project No. 220-77-22, Harbor Village Subdivision.
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 for one-
half the cost of street construction around the dedicated 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
this ordinance be passed finally on the date of its introduction and take
"i°
15046
effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO ORDAINED, this the day of August, 1979.
ATTEST:
!
Ira
y Secre ary
APPROVED:
DAY OF AUGUST, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
THE C Y OF CORPUS CHRISTI, TEXAS
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Agreement is entered into between the City of Corpus
Christi, hereinafter called "City", and harbor Village Company, a partner-
ship, developer of Harbor Village Subdivision, hereinafter called
"Developer".
WHEREAS, the "Developer" in compliance with the "City's"'
Platting Ordinance, Section IV, Subsection F., has dedicated a portion of
Harbor Village 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 Harbor Lights Drive and Seashore 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. 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 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 TWELVE THOUSAND EIGHT HUNDRED EIGHTY TWO AND NO/100
($12,882.00) 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.
4. The Agreement shall become effective and shall be binding
upon and shall inure to the benefit of the parties hereto and their respec-
tive 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 R. Marvin Townsend, City Manager
APPROVED:
Day of
J. BRUCE AYCOCK, CITY ATTORNEY
By:
1979
Assistant City Attorney
Director of Finance
DEVELOPER: HARBOR VILLAGE COMPANY
BY:
THE STATE OF TEXAS X
COUNTY OF NUECES 1
Jamas Ewing, Partner
Before me, the undersigned authority, on this day personally
appeared Jamas Ewing, Partner of Harbor Village 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
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CONSTRUCTION COST ESTIMATE
PROJECT F/arho r Vi l Tam Snhdivisinn
SHEET NO
EM
DESCRIPTION •
QUANTITY
QUANTITY
+ x
UNIT
UNIT
COST
TOTAL
Citi/ Participation for 1/2 of Paving
Improvements
in Harbor Lights Drive & Seashore
Drive
Directly Adjacent to Park:
7
RvravAtion •
1,080 "
CY
1.75
1,890.00
2
6" Como acte&Skiiche
. 800 `'
SY
3.15
2,520.00
?
Pri /RP CrLat
800 ✓
SY
0_28
224.00
4
7-7/2" Asphaltic Concrete
800 /
SY
2.75
2,200.00
5.
6" 'L' Type Curb & Gutter
520 -
LF
4_50
2,340.00
6,
4' Wide Sidewalk
2,040 ✓
SE
1.35
2,/54.UO
Sub -Total
12,928.00
.Sncineerina
(8%)
954.00
TOTAL
$12,882.00
•
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tL ,7)
.
aQ, AA,..<.&, a-tt-7R
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ir
TOTAL
PREPARED DY C. U.
DATE 7-30-79
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
1 iT/ drf %, /97/
I certify to the City Council that $ 12,882.00 , 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. 220-77-22
Project Name Harbor Village Subdivision
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
j'.////\1
FIN sed5
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FINANCE DEPARTHENI-
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Corpus Christi, Texas
D day of ala41-," 19
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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones (I¢,
Edward L. Sample ""''1
Dr. Jack Best a'-lE}
David Diaz
Jack K. Dumphy n k€)
Betty N. Turner O A 4E)
Cliff Zarsky Q<.C-(E)
The above ordinance was passed by the following vote:
Luther Jones Lx ,(,((I
Edward L. Sample 01...t(6
Dr. Jack Best 0,e4E9
David Diaz (1_14)
Jack K. Dumphy 0 !fg)
Betty N. Turner CE -(46)
Cliff Zarsky �{J�
15046