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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 2 '3 134-476' 3S 17 I- 5 35 ( ,?c 0+00 CA/YO(M TCHIDOST) TC12 40 LT. \TC1239 RI 1 1 -r IS, 1 t, : cL 2 z 0 • 0 0 -7 • • "- • ' IS,91yr". rr.t, ,--r-xurs,317-nrr•. 013134 65.97 0813.399 TC 9.5 ® PC13+ 29 PC1+0 2. TC9 8 Q. 017+ TC 9.5— PC I 7+ 55.68 fa -97 PC154-56.12 PT 13+ 96.50 TC 9.9 PC 1+06.87_ T C10'..1 ARK 18,13 VII ...LARBOR LIGHTS :0-1-00DEL15-1.TIECT 61.5 1; .1 • 1 I11 1j. _ 0 „, w• 0+00 EASHORE (MATCH E(IST.) TC 10.75 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 • Sf l+".1•.; ("N (",,,s•,' (3 tL ,7) . aQ, AA,..<.&, a-tt-7R • 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 �1 Revised 7/31/6941) ,197? 4,40c. i ector of ande4Mr-' FINANCE DEPARTHENI- 4UG E 2 28 PI4 t,J AT'flst- 2,1MTI4,T0L 5:3J pouq ,,141(7 Ta'Rs.00 • 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