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HomeMy WebLinkAbout15546 ORD - 05/21/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FREDDIE SEAQUIST OF M. J. HOT MIX CORPORATION, DEVELOPERS OF SOLAR ESTATES PARK, UNIT #3, WHEREBY THE CITY WILL RE- IMBURSE THE DEVELOPER FOR A PORTION OF THE COST OF CONSTRUC- TION OF IMPROVEMENTS TO SAID PARK, 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 $45,287 FROM PARK BOND FUND NO. 291 FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 291-77-11 SOLAR ESTATES PARK, 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 Freddie Seaquist of M. J. Hot Mix Corporation, developers of Solar Estates Park, Unit #3, whereby the City will reimburse the developer for a portion of the costs of construction of improvements to said park, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. That there is hereby appropriated the sum of $45,287 from the Park Bond Fund No. 291 for the City's estimated share of construction costs applicable to Project No. 291-77-11, Solar Estates Park, 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 improvements may be commenced 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 be passed finally on the date of its introduction and take effect and be in full force 1L5516 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of May, 1980. ATTEST: 44Jretary APPROVED: 2.1 DAY OF MAY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Attorney E CIOF CORPUS CHRISTI. TEXAS • AGREEMENT THE STATE OF TEXAS ) COUNTY OF NUECES ) • THIS AGREEMENT is entered into between the City of Corpus Christi, here- inafter called "City", and Freddie Seaquist of M. J. Hot Mix Corporation, herein- after called "Developer". WHEREAS, Developer, in compliance with the City's Platting Ordinance, Section IV, Subsection F., has previously dedicated a portion of Solar Estates Park, Unit #3, for use as Parks and Playgrounds; and WHEREAS, City desires to exercise the option to cause Developer to improve the dedicated park area as provided for in said platting ordinance; 1. Developer will construct improvements on Solar Estates Park, Unit #3. In accordance with plans and specifications approved by City's Park and Recreation Advisory Board. Said construction will include planting, landscaping, irrigation, construction of a basketball/multi purpose slab, shelter. backstop & play area with plan equipment. The construction will be contracted for and financed by the Developer. 2. City and Developer shall make a final inspection of improvements to determine compliance with the approved plans and specifications. Should the con- struction not be carried out in conformance with the approved plans and specifi- cations. or subsequent change orders, those items not in conformance shall be replaced by the contractor to conform, with the approval by the City at developers expense. 3. City agrees to reimburse the Developer for the cost of the above described construction, not to exceed'FORTY-FIVE THOUSAND, TWO HUNDRED EIGHTY-SEVEN Dollars ($45,287). The actual reimbursement will be adjusted according to the act- ualconstruction cost after completion of the work, but in no event shall it ex- ceed the above stated amount. The City's payment to the Developer will be made after completion and acceptance of all park development construction. Payment due within, thirty (30) days of final acceptance by the City or September 1, 1980, whichever date is later. _. 4. The Developer agrees to indemnify the City against any claims arising as a result of this project. 5. 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 , 19 - ATTEST: By City Secretary R. Marvin Townsend, City Manager APPROVED: day of , 19_ J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney DEVELOPER: (Name) By ATTEST: CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNIS (City Charter Article IV Section 21) May 12, 1980 I certify to the City Council that $ 45.287 , 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 291 - Park Bond Fund Project No. 291-77-11 Project Name Solar Estates Park 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, Texas 2) day of . 19Yi) 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, MAYO Er//d�" CI OF CORPUS THE 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 The above ordinance was pass by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15516 •