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HomeMy WebLinkAbout15432 ORD - 03/26/1980. vp : 8/24/80:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PELS QUALITY HOMES, DEVELOPER OF CASTLE PARK UNIT 3, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF CONSTRUCTION OF STREET IMPROVE- MENTS AROUND THE DEDICATED PARK WHICH ABUTS VERSAILLES DRIVE AND ALHAMBRA DRIVE IN THE CASTLE PARK SUBDIVISION, UNIT 3, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $19,965.09 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTI- MATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-77-32, CASTLE PARK SUBDIVISION, UNIT 3; 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 Pels Quality Homes, developer of Castle Park Unit 3, whereby the City will reimburse the developer for one-half the cost of construction of street improvements around the dedicated park which abuts Versailles Drive and Alhambra Drive in the Castle Park Subdivision, Unit 3, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated the sum of $19,965.09 out of the No. 220 Street Bond Fund for the City's estimated share of con- struction costs applicable to Project No. 220-77-32, Castle Park Subdivision, Unit 3. SECTION 3. The necessity to immediately authorize execution of the aforesaid agreement and to appropriate the necessary sums in order that the construction of street improvements may be commenced at the earliest practic- able date creates a public emergency and an imperative public necessity requir- ing 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 effect and be in full force 15432 • • and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of March, 1980. ATTEST: ,e,j6 P1(/, Secretary APPROVED: z 4 DAY OF MARCH, 1980: J. BRUCE AYCOCK, CITY ATTORNEY torney YOR TH; CITY 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 Pels Quality Homes, Inc., hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Castle Park Unit 3 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 Versailles Drive and Alhambra 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 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 prorate 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 Nineteen Thousand Nine Hundred Sixty-five and 09/100 -Dollars {$19,965.09). 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 subdivison 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 , 1980. ATTEST THE CITY -0F CORPUS CHRISTI: By City Secretary R. Marvin Townsend, City Manager APPROVED: day of , 1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance DEVELOPER: Pels Quality Homes, Inc. THE STATE OF TEXAS x COUNTY OF NUECES I Before me, the undersigned authority, on this day personally appeared , 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 , 1980. Notary Public in and for Nueces County, Texas SVDEDICATION .9 t G_:, T. . 15.47 373 PARK LOT 10 G L GUCB ALOIZ P LHAMBRA TC. 148 1 7 60 tC. 14.6 8724 . G8. T.C.14.8 7t78.07 14.8 -___ 81.26 14.6 2 7t7 t7 TG I4 4 ,78.08 G.11L.T. TC.IA 4,52.08 •N BT.C.I4.4� 6 G. 3 C. 14.6b 'TC.14 12 STA. $4.45.07 ORLEANS STA. 0+00 VERSAILLES • COGSTRUCTI08 COST ESTIMATE FOR CITY -PARTICIPATION CASTLE PARK UNIT 3 ,CCm Description Quantity Unit Unit Coot Total 2. Clearing & Grubbing 0.402 AC 300.00 220.60 2. Excavation 798 Cr 1.50 2,197.00 3. 4" Black Base & 1" D-42 Asphalt '_' 2,023 Sr 10.71 20,956.33 4. 6" L Type Curb 6 Gutter 585 LP 4.75 2,778.75 5. 4' Sidewa2& 2,400. SP 2.35 3,240.00 6.- Concrete Cylinder (curb) 2.17 Set 40.00 ' 46.80 7. Concrete Cylinder (sidewalk) 0.60 Set: 40.00 24.00 8. In-place- density for hot mix 0.292 EA 20.00 5.84 9. rn:p.ace density for 2.462 EA 20.00 29.24 black base • '20. Subgrade Density, pvmt. 2.462 EA 20.00 29.24 11. Sub grade Density, curb 2.92 EA 20.00 58.40 CONSTRUCTION TOTAL ENGINEERING 8Z - GRAND TOTAL exH/Q/T "B - $18,486.20 1,478.89 $29,965.09 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ March 14, 1980 19,965.09 , 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: No. 220 Street Bond Fund Fund No. and Name Project No. 220-77-32 Project Name Castle Park Subdivision, Unit 3 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • of ---dg, , 19 Q FIN 2-55 dJ Revised 7/31/69 Corpus�,Christi Texas 6.1.4. day of #kitCI , • TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas FQr 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 suspend by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 1 The above ordinance was passe by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15432