The URL can be used to link to this page

Home My WebLink About15173 ORD - 10/17/1979IN Op:10;16/ 9:1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH TUCKER PROPERTIES, JOHN TUCKER, PARTNER, DEVELOPERS OF CRESTMONT SUBDIVISION, UNIT 5, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPER FOR ONE- HALF THE COSTS OF CONSTRUCTING STREET, CURB, GUTTER, AND SIDEWALK IMPROVEMENTS AROUND THE DEDICATED PARK IN CRESTMONT SUBDIVISION, UNIT 5, WHICH IS BOUNDED BY CREST PEBBLE DRIVE, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY'S PLATTING ORDINANCE; APPROPRIATING $10,338.04 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-26, CRESTMONT SUBDIVISION, UNIT 5; AND DECLARING AN EMERGENCY., 0 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, John Tucker, partner, developers of Crestmont Subdivision, Unit 5, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A", providing for the City to reimburse the developer for one-half the costs of constructing street, curb, gutter, and sidewalk improvements around the dedicated park in Crestmont Subdivision,`Unit 5, which is bounded by Crest Pebble Drive, all in accordance ,with the terms and conditions of the City's Platting Ordinance. x SECTION 2. That there is hereby appropriated $10,338.04 out of the No. 220°Street Bond Fund, applicable to Project No. 220-77-26, Crestmont Subdivision, Unit 5. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the funds hereinabove described in order that construction may be commenced and completed at the earliest practicable date 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 suspension of the Charter rule and that this ordinance take effect and be in 1513 MICROFILMED AUG 2 81980 it 0 full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /7 day of October, 1979. ATTEST: City -Secretary APPROVED: // DAY OF OCTOBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE C OF CORPUS CHRISTI, TEXAS AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES I THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Tucker Properties, a partnership, developers of Crestmont Unit 5 Subdivision, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Crestmont Unit 5 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, curb and gutter, and sidewalk on Crest Pebble Drive and Hill Crest 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 and Physical Development. This Agreement shall be null and void should the subdivision construction author— ized 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 TEN THOUSAND, THREE HUNDRED THIRTY—EIGHT AND 04/100 --Dollars ($10,338.04). 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 THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: 4 day ofd , 1979 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant 'i t Attorney Director of Finance DEVELOPER: TUCKER PROPERTIES By THE STATE OF TEXAS X COUNTY OF NUECES X John Tucker, Partner Before me, the undersigned authority, on this day personally appeared John Tucker, Partner of Tucker Properties, 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— G B TC 28.7 STA 151-80.41 TC 28.1 }3148,2. 13+88_22 028.52 TC 28.6 S •T INLET STA BARRICADE 25 BL 15-1-61.91 TC 29.13 0+35 TO 28.10 24-1 28.6 I70271.6r A 7.SLOT INLET PP O. STA 0•FOO TC 28.04 STA 7 TC 27. 5'SLOT ;NL ET • CLINT 10 1 +41.0 TC 27, 86 STA 9+92.40.' TC 28110 • r -ST TC27.94 12+'4.45= 2 -1 - STA 4+59 TC 27. STA 4+74:94 GB TC 29.0 CX/V/' /T/1" I STA 3 i-.40.9 'TC 28:0 5 .c. CONSTRUCTION COST ESTIMATE PROJECT rrestmont //5 Cit ,l Participation SHEET 4 j DESCRIPTION QUANTITY I QUANTITY + • UNITUNIT COST TOTAL_ 1 ^t% t• • ri rt_u 1: {:r„46i as.,as.,0_248 (2.4 I('1r.r ,Excavation ;F6' Compacted Caliche 465 cY 883.5 ,761 S i %II 1 864. A-1/2” Asphaltic Concrete= 2,473.2 . fileL- Coa —�' 1 493 SF t 243.; 26" L -Type curb & Gutter r 4' Sidewalk LConcref•e Cylinder (curb) 0_752 +et 39 75 29 Conr_•rOLC Cy_inder sa ewal 0_373 ;ct 39.75 , Ofn-place density or Hot Mzx 0.189 EA 20 00 j•CafcTc Base Density 0.947 EA 2i ii t 7j ubgrade ensj.ty, curb 1.88 EA 20 00 �[1 ViiiifLOYM M • . �- . • MGIllbER2 6��: VIMEMEMEM1111...11.1111 IIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111111111.11111.11111111111111111.11111111111111011111111111.11111111.1111.1111. TOTAL PREPARED BY CHECKED DY J,A.C. & R R T_ 0' .t�ev(5‘ODATE /0-2- 9 Ex"////3// 6, 9-14—"ig D. W. r.. JOD CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 17, 1979 10,338.04 I certify to the City Council that $ , 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 No. 220 Street Bond Fund Project No. 220-77-26 Project Name Crestmont Subdivision, Unit 5 W.P.C.G.S. 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 /7 day of LL/(:/ _, 19 71 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 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: 15.'%3