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
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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