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Home My WebLink About15519 ORD - 05/07/1980r 1p:5-5-80;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GIBRALTAR SAVINGS ASSOCIATION (FORMERLY FIRST SAVINGS ASSOCIATION) OF CORPUS CHRISTI, DEVELOPER OF OVERLAND MEADOWS SUBDIVISION, UNIT 2, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK WHICH ABUTS FRONTIER DRIVE AND WIND ROCK ROAD IN THE OVERLAND MEADOWS SUBDIVISION, UNIT 2, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO- PRIATING $22,838.07 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-77-37, OVERLAND MEADOWS SUBDIVISION, UNIT 2; 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 agree- ment with Gibraltar Savings Association (formerly First Savings Association) of Corpus Christi, developer of Overland Meadows Subdivision, Unit 2, whereby the City will reimburse the developer for one-half the cost of construction of street improvements around the dedicated park which abuts Frontier Drive and Wind Rock Road in the said Overland Meadows Subdivision, Unit 2, 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 $22,838.07 out of the No. 220 Street Bond Fund for the City's estimated share of construc- tion costs applicable to Project No. 220-77-37, Overland Meadows Subdivision, Unit 2. SECTION 3. The necessity to authorize execution of the above des- cribed agreement and to appropriate the sums necessary to reimburse the developer for one-half the cost of construction of street improvements around the dedicated park in Overland Meadows Subdivision, Unit 2, 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 intro- duction 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 MICROFILMED 15519 • • and necessity exist, and 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 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /7 day of May, 1980. ATTEST: agreeCi -t airy -" APPROVED: (p DAY OF MAY, 1980: J. BRUCE COCK, CITY ATTORNEY By CL) Assistant Cit ' A'"orney R THE OF CORPUS CHRISTI, TEXAS THE STATE OF TERAS I COUNTY OF NUECES I THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter call "City", and Gilbraltar Savings, hereinafter called "Developer". . WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of a -subdivision proposed to be known -as Overland Meadows Unit 2 for use as Parks and Playgrounds; and NOW, THEREFORE, the "City" and the "Developer" agree as fellows: -1. The "Developer" will construct certain improvements for and on behalf of the "City': including pavement, curb and gutter, and sidewalk on - Frontier Drive and Wind Rock Drive which bound the above described park. Improvements on Frontier Drive were constructed with Overland Meadows Unit I and City participation for that portion of the improvements will be at unit prices in effect at that time. The improvements on Wind Rock Drive 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 Twenty -Two Thousand Eight Hundred Thirty -Eight and 07/10O --Dollars ($22,838.07). The actual reimbursement will be adjusted according to the actual construction cost after completion of the work, but in no event shall it exceed the above stated amount. The "City's" payment to the "Developer" will be made after completion and acceptance of all subdivision improvements. 3. The "Developer" agrees to indemnify the "City" against any claims arising as a result of this project. bxr,/. 4" 4. The Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, each of which shall be considered an origianl, this the day of ATTEST ,-1980. THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: A day of J. BRUCE AYCOCK, CITY ATTORNEY By , 1980 Assistant �' ' ttorney DEVELOPER: GIBRALTAR SAVINGS By J. Michael Forbes, Vice—President ' THE STATE OF TEXAS 1 COUNTY OF NUECES j Before me, the undersigned authority, on this day personally appear -ed J. MICHAEL FORBES, known to me to be the pergon and official whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity stated. Given under my hand and seal of office this the day of , 1980. Notary Public in and for Nueces County, Texas , ;Lea13_ ee, .5. 7 2Z PT/3 85.2.3- ( 9 a 19 Vid -rE -6.9,o 2 2. ,&IO • PC 54 35.3 TC 70. 5 72o • 68.9r 31-48,7 a4,9•04 -N . To 4" cu RS 44,5 • TRANs IN o • TC,,6$ '4 lir ...p ,/ i zaz -p • / '// ---4 _0. 0. 2%. C PVC STA 7+65.94 PIO 6 a ;. /11..)Le NE E I 5 70.2 i 1,7.1 --- 69.72 r-:-. 1: 't 0 11 :1 @ a I, i , • , '-fc 68 86 • u 0- • . • 6,37.c.60.67 ;: w ': GB To 69.53 q di p . .. , , . ii;. , '• 3 11 1, j ,, l, 2 •: :1 3 i: , 6 . 1OVERZANO ME4DOA15- PARK AR4-EnaA'Aer. q- t oi-rcti a 9tr)e.• EXI-1/8/7- .4 1c4 6976 re 69.36 Li Y . o" CONSTRUCTION COST ESTIMATE FOR CITY PARTICIPATION OVERLAND MEADOWS UNIT 1 & 2 PARK R2IMBURSEIENT FOR STREET BUILT WITH UNIT I Item ' Description Quantity Unit Unit Cost Total 1. Clearing & Grubbing .48 AC 20.00 9.60 2. Excavation 1,372 CY 1.05 1,440.60 3. 6" Compacted Caliche 1,436 SY 1.75 2,513.00 4. Prime Coat 1•,436 SY 0.20 287.20 5. 1-1/2" Asphaltic Conc. 1,436 Sy 1.75 2,513.00 6. 6" L Type Curb & Gutter 686 LF 3.75 2,572.50 7. 4' Sidewalk 2,744 SF 1,05 2;881.20 8. Concrete Cylinder (curb) 1.37- Set 36.00 49.32 9. Concrete Cylinder (sidewalk) .68' Set 36.00 24.48 10. In-place density for hot mix 0.34 EA 25.00- 8.50 11. Caliche Base.Density 1.715 EA 15.00 . 25.725 12. Subgrade Density, pvmt. 1.715 EA 15.00 25.725 13. Subgrade Density, curb 3.43 EA 15.00_ 51:45 CONSTRUCTION TOTAL (Portion in Unit 1) ENGINEERING 8Z 12,402.30 GRAND TOTAL PARR PARTICIPATION (Portion in Unit I) 992.18 $13,394.48 PARK REIMBURSEMENT FOR STREET TO BE BUILT WITH UNIT 2 Item Description Quantity Unit Unit Cost Total 1. Clearing & Grubbing .0.22 AC 300.00 66.00 ,2. Excavation 648 CY 1.40 907.20 3. 6" Compacted Caliche 648 SY 2.80 1,814.40 4. Prime Coat 648 SY 0.40 259.20 5. 1-1/2" Asphaltic Concrete 648 SY 3.55 2,300.40 6. 6" L Type Curb & Gutter 324 LF 4.75 1,539.00 7. 4' Sidewalk 1,297 SF 1.35 1,750.95 8. Concrete Cylinder (curb) 0.648 Set 40.00 25.92 9. Concrete Cylinder (sidewalk) 0.324 Set 40.00 12.96 10. In-place density for hot mit 0.162 EA 20.00 3.24 11. Caliche Base Density 0.81 EA 20.00 16.20 12. Subgrade Density, pvmt. 0.81 EA 20.06 16.20 13. Subgrade Density, curb 1.62 EA 20.00. 32.40 CONSTRUCTION TOTAL (Portion in Unit 2) 8,744.07 ENGINEERING 8Z 669.52 GRAND TOTAL PARK PARTICIPATION (Portion in Unit 2) - $9,443.59 Total Park Participation (Portion in Unit 1) $13,394.48 Total Park Participation (Portion in Unit 2) 9,443.59 GRAND TOTAL CITY PARTICITPATION $22,838.07 -2- EXI//80T 45-2 • CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 24, 1980 • I certify to the City Council that $ 22,838.07 , 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. 220-77-37 Project Name Overland Meadows Subdivision, Unit 2 from wb.ich it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 , �9 Director of Financ Corpus Christi, Texas 7 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 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, The Charter rule was suspende 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. Dunphy Betty N. Turner Cliff Zarsky THE C OF CORPUS CHRISTI, TEXAS by the following vote: passed by the following vote: 15519