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 )
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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
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