HomeMy WebLinkAbout10902 ORD - 06/07/1972TRR:HG:e:6 /7/7.2:lst r
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH SARATOGA LAND COMPANY PERTAINING
TO THE COMPANY'S OBLIGATION IN CONSTRUCTING A
DRAINAGE DITCH AND PAVING SAID AREA AND THE
CITY'S OBLIGATIONS RELATING TO DRAINAGE, STREET
AND BRIDGE IMPROVEMENTS IN THE DEVELOPMENT OF
COUNTRY CLUB ESTATES SUBDIVISION SOUTH OF
SARATOGA BOULEVARD, ALL IN ACCORDANCE WITH THE
ATTACHED AGREEMENT, MARKED EXHIBIT "A ", WHICH IS
MADE A PART HEREOF BY THIS REFERENCE; APPROPRIATING
OUT OF 220 STREET BOND FUND $5,460 FOR THE CITY'S
PORTION OF ENGINEERING FEES RELATED TO THE BOX
CONSTRUCTION; 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 and directed to execute, for and on behalf of the
City of Corpus Christi, an agreement with Saratoga Land Company
pertaining to the Company's obligations in constructing a drain-
age ditch and paving said area and the City's obligations
relating to drainage, street and bridge improvements in the
development of Country Club Estates subdivision, south of Saratoga
Boulevard, all as is more clearly set forth in the attached copy
of Agreement, marked Exhibit "A ", which is made a part hereof by
this reference.
SECTION 2. That there is hereby appropriated out of
220 Street Bond Fund the amount of $5,640 to cover the City's
portion of the engineering fees related to the box construction.
SECTION 3. The necessity to authorize the above
referenced contract and appropriate the necessary funds to cover
the City's obligation in the above project creates a public
emergency and 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 such emergency
and necessity to exist, and having requested the suspension of
10902
the Charter rule and that this 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 day of June, 1972.
t
ATTEST 0
City Secret y / MAYOR
THE CITY OFrCOREUCHRISTI, TEXAS
APPROVED:
6TH DAY F JUNE, 1972:
,.,. �CT-t Attorney
JRR:HG:dp:6 /12/72:2nd
THE STATE OF TEXAS X
COUNTY OF NUECES X
WHEREAS, Ordinance No. , passed and approved by the City
Council on the day of , 1972, authorizes the execution of this
agreement:
NOW, THEREFORE, the City of Corpus Christi, Texas, a municipal
corporation, body politic and home rule City under the laws of the State of
Texas, hereinafter called "City ", and Saratoga Land Company, hereinafter
called "Developer ", for and in consideration of the covenants, agreements and
undertakings herein, do hereby covenant, agree and contract as follows per-
taining to the Developer's obligations and the City's obligations relating
to drainage, street and bridge improvements in the development of Country Club
Estates Subdivision south of Saratoga Boulevard:
I.
The Developer agrees to the following:
a. The Developer will construct or cause to be constructed a
6'x10' reinforced concrete box culvert in the drainage ditch from Saratoga
Boulevard south to where the ditch turns to the west a distance of 1,150'.
The plans and specifications for the structure will be prepared by the
Developer's engineer in accordance with City specifications.
b. The Developer will construct Everhart Road where it abuts
properties owned by Saratoga Land Company from Saratoga Land Company south to
the drainage ditch or approximately 1,200' to the width of 45' measured from
back -to -back of curbs rather than 41' as required by Platting Ordinance.
Plans and specifications to be prepared by Developer's engineer and approved
by the City Engineering Services Department.
II.
The City agrees to the following:
a. The City agrees to deed to Saratoga Land Company that portion
of City owned drainage right -of -way in excess of the 60' right -of -way needed
for the reinforced concrete box and the 45' wide pavement to be constructed
by-Saratoga Land Company. Deeding of the excess 32' of the 92' wide right -of-
way will be done after the reinforced concrete box is accepted by the City,
if same is accepted.
b. The City further agrees that it will reimburse Saratoga Land
Company the engineering fee for design and construction of the box; such fee
to be based on 7% of construction cost but not to exceed $5,460.00. Estimated
cost of box is $78,000.00.
c. The City further agrees that it will not require of the Developer
any additional park requirement resulting from the additional acreage deeded
to Saratoga Land Company included in the 92' wide ditch right -of -way deeded
to said Developer.
d. The City further agrees that it will drop the requirement for
bridge construction over the existing drainage ditch at the extension of
Sanders Drive. This requirement has been made by the Planning Commission and
is required by Platting Ordinance, which Requirement was made on April 25,
1972, as part of Country Club Estates, Unit 26.
III.
The Developer agrees to indemnify and save harmless the City and
all its officials, agents and employees from all suits, action or claim of
any character, name or description brought for, or on account of, any injuries
or damages received or sustained by any person, persons, or property, by or
from the said contractor or his employees or by or in consequence of any
negligence in safeguarding the work or through the use of unacceptable
materials in constructing the work or by or on account of any act or omission,
neglect or misconduct of the said contractor, arising out of the work covered
by or contemplated in this contract.
IV.
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.
WHEREFORE WITNESS OUR HANDS, binding the respective parties effective
this the day of , 1972.
ATTEST:
City Secretary
APPROVED:
DAY OF �(A�_, 1972:
��torney
CITY OF CORPUS CHRISTI
sy
R. Marvin Townsend, City Manager
SARATOGA LAND COMPANY
sy
10
t
CITY OF CORPUS CHRISTI, TEKAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 18, 1972
I certify to the City Council that $ 5,460.00 , 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. 220-70 -130
Project Name Country Club Estates Drainage Box
from which it is proposed to be drawn, and suca money is Ll— -PL—p-- ��-
any other purpose.
19 72—
ector of inane
FIN 2 -55 "C
Revised 7/31/69
CORPUS CHRISTI, TEXAS
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 SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
SE 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 ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
t CITY COUNCIL.
RESPECTF LY,
J a
MAYOR
THE CITY.OF CORP ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
• BONNIE SIZEMORE
CHARLES A. BONNIWELL -
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES - -•-
GAGE LO ZANO, SR. /l u/G/ •
J. HOWARD STARK —�—�U
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
- BONNIE SIZEMORE
- - CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
-REV. HAROLD T. BRANCH
THOMAS V. GONZALESj,�
GAGE LO2ANO, SR. V
J. HOWARD STARK