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Home My WebLink About15156 ORD - 10/03/1979vp;9/28/79;1;t . AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HENRY L. TUCKER AND PHIL BRADSHAW, DEVELOPERS OF GOLDEN OAKS ESTATES SUBDIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPERS FOR ONE-HALF THE COSTS OF CONSTRUCTING STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN GOLDEN OAKS SUBDIVISION WHICH IS BOUNDED BY RED OAK DRIVE, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY'S PLATTING ORDINANCE; APPROPRIATING $3,383.87 OUT OF THE NO. 220 STREET BOND FUND APPLIC- ABLE TO PROJECT NO. 220-77-25, GOLDEN OAKS ESTATES 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 authorized to execute an agreement with Henry L. Tucker and Phil Bradshaw, developers of Golden Oaks Estates Subdivision, a copy of which is attached hereto and made a part hereof, marked Exhibit "A", providing for the City to reimburse the developers for one- half the costs of constructing street improvements around the dedicated park in Golden Oaks Subdivision which is bounded by Red Oak Drive, all in accordance with the terms and conditions of the City's Platting Ordinance. SECTION 2. That there is hereby appropriated $3,383.87 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-25, Golden Oaks Estates Subdivision. SECTION 3. The necessity to authorize at the earliest practicable date execution of the aforesaid agreement and appropriation of the sums neces- sary to fulfill the said agreement 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, and having requested the suspension of the Charter rule and that this 15156 MICROFILMED AUG 2 8 1980 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 -3 day of October, 1979. ATTEST: APP,ROYED: DAY Of OCTOBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY ANciik e. TH CITY OF CORPUS CHRISTI, TEXAS AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This Agreement is entered into between the City of Corpus Christi, hereinafter called "City", and Henry L. Tucker and Phil Bradshaw, developers of Golden Oaks Estates Subdivision, hereinafter call "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Golden Oaks Estates Subdivision for use as Parks and Playgrounds; and 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 pavement on Red Oak Drive which bounds the above described dedicated park. The improvements will be constructed in accordance with the plans and specifications approved by the Department of Engineering and 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" shall not exceed THREE THOUSAND, THREE HUNDRED EIGHTY-THREE AND 87/100—Dollars ($3,383.87). The actual reimbursement will be adjusted according to the actual construction cost after completion of the work, but in no event shall it exceed the above stated 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 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 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 City Secretary APPROVED: 216 /'day of , 1979 J. BRUCE AYCOCK, CITY ATTORNEY By A: istant City Attorney Director of Finance THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager DEVELOPER: Henry L. Tucker By Henry L. Tucker DEVELOPER: Phil Bradshaw By Phil Bradshaw THE STATE OF TEXAS X COUNTY OF NUECES X Before me, the undersigned authority, on this day personally appeared HENRY L. TUCKER, 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 , 1979. day of Notary Public in and for Nueces County, Texas -2- THE STATE OF TEXAS COUNTY OF NUECES X Before me, the undersigned authority, on this day personally appeared PHIL BRADSHAW, 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 , 1979. day of Notary Public in and for Nueces County, Texas -3- 4 • 43,563 SF yy 1yi ani g 0) 0 OJ N Z 47 RP` 02` 1,41 c 4,565 Itl 160 43,686 SF / ,/ 0 S2S0 ., I!/ 0 Ns y aar ti 2 oor'F I•,. CED --1'...4,/ / C, 4-_fr1 ''' I3 i • � 43,680 SP o // s 2� ��•r) J �S r. N. /4° •• y '°00 F // r II 43,854 SF 208,62' RED OAK DR. 1.1 80°58'00 ry 22085_0 NI"CFC")) 2 2 0.83' r 6 PARK 2, 950 Ac. 3 /^' - t 79 SF i ,'.s ; �i C 0a ` c a /I— • , V / ' 7a^ / 45,503 SF ,/' 2 4 6,004 SF _ ---- E.-50' D.E. 8 U.E: 574.78' 37.05' 81.35' N 60° 57' 5411W F. E3, et E,I e F. G. I • 60. 46,2? 28 95'. •Co 5( NCELLOR ROW P. 7747 V CO. _ CHRISTI, TEXAS'78415 PHONE: (5121 85 4-028 1 TELEX: 78.7599 MAVERICK ENGINEERING COM NNY September 18, 1979 CQRPORA TE OFFICES: CORPCJS CHRISTI, TEX� BRANCHES HOUSTON T SAN ANTONIO, TEXAS CORPUS CHRISTI, TEXAS Job No. C19,095 City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Attention: Mr. James K. Lantos, P.E. Director of Engineering and Physical Development Subject: Reimbursement for Street Improvements Abutting the Park Golden Oaks Estates Corpus Christi, Nueces County, Texas Gentlemen: Tabulated below is the amount to be reimbursed to the Owners, Henry L. Tucker and Phil Bradshaw, for the above captioned improvements. Description glympAK Unit Unit Price Amount Clearing and Grubbing 0.24 Street Excavation AC $ 500.00 $ 120.00 6" Compacted Caliche 45471.45 CY 1.35 Prime Coat 454'47 SY 3.00 96.46 1-1/2" Hot Mix 68.17 GAL 2.00 1,363.41 Asphaltic Concrete 136.34 454.47 SY 3.15 Total Construction: 1431.58 $3,147.79 Engineer @ 7.5% of Construction Cost: Total Reimbursement: 2-36'08 Also submitted herewith are copies of calculation -sheets, layout sheet and,tabul 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. BEC/lcw Enclosures Sincerely, MAVERI, ENGI EE ING Ciyj NY en E. Corde EXHIBIT E3- CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNA9 (City Charter Article IV Section 21) Setpember 25, 1979 I certify to the City Council that $ 3.38.3.87 , 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. 220-77-25 Project Name Golden Oaks Estates 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 1515G G4 - ,199 CITY OF CORNS CHRISTI TEXAS CIFICATION OF FUNDS (City Charter Article IV Section 21) Setpember 25, 1979 I certify to the City Council that $ the amount required tion or expenditures contemplated in the for the contract, agreement, oblige 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. 220-77-25 project Name Golden Oaks Estates 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 Corpus Christi, Texas day of______ , 191 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, MAY THE ,/ OrY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend.d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: 15156