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Home My WebLink About15611 ORD - 06/25/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, DEVELOPER OF COUNTRY ESTATES SUBDIVISION, UNIT 9, PROVIDING FOR CITY PARTI- CIPATION IN THE COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN THIS SUBDIVISION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $8,538.64 OUT OF THE NO. 220 STREET BOND FUND FOR PAYMENT TO NUECES DEVELOP- MENT COMPANY UPON COMPLETION OF CONSTRUCTION BY THE DEVELOPER AND ACCEPTANCE OF SAME BY THE CITY, APPLICABLE TO PROJECT NO. 220-77-40, COUNTRY ESTATES SUBDIVISION, UNIT 9; 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 Nueces Development Company, developer of Country Estates Subdivision, Unit 9, providing for City participation in the cost of street improvements around the dedicated park in the said subdivision, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $8,538.64 out of the No. 220 Street Bond Fund for payment to Nueces Development Company upon completion of construction by the developer and acceptance of the same by the City, applicable to Project No. 220-77-40, Country Estates Subdivision, Unit 9. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the sums set forth in order that the street improvements around the dedicated park in the Country Estates Subdivision, Unit 9, be completed at the earliest practicable date creates a public emer- gency 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 and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its MICROFILMED � z 198 a. n s9 eG 1561 • introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 25' day of June , 1980. ATTEST: Ci'Secretary APPROVED: )AY OF JUNE, 1980: J. BRUCE YCOCK, CITY ATTORNEY G HE C OF CORPUS CHRISTI, TEXAS • • CITY OF CORPUS CERISTI, TEAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 23, 1980 I certify to the City Council that $ 8,538.64 , 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. 220-77-40 Project Name Country Estates Subdivision, Unit 9 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. ?A-4. 02-5-7 19c? -0 FIN 2-55 Revised 7/31/69 AGREEMENT THE STATE OF TEXAS j COUNTY OF NUECES I THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Nueces Development Company, 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 Country Estates, Unit 9 for use as Parks and Playground; 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, curb and gutter, and sidewalk on Shelton Drive which bounds 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 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 Eight Thousand Five Hundred Thirty-eight and 64/100 Dollars ($8,538.64). 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. • 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 City Secretary' APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 1980. Assistant Attorney THE STATE OF TEXAS j COUNTY OF NUECES j THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager DEVELOPER: NUECES DEVELOPMENT COMPANY By John B. Davis, President Before me, the undersigned.authority, on this day personally appeared JOHN B. DAVIS, 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 -2- • 75ReN4ieH/L4 ,I 1 PAR/ ex/W8ir:',"4"- WILLIAM B. OGLETREE, P.E. • JAMES E GUNN, P.E. JOE 11. BYRNE, RE. OGLETREE, GUNN & ASSOCIATES ENGINEERING CONSULTANTS June 18, 1980 COUNTRY ESTATES, UNIT 9 PARK REIMBURSEMENT QUANTITIES AND AMOUNTS • (512) 883-7244 P. 0.130X 3551 - ZIP 78401 2816 N. SHORELINE CORPUS CHRISTI, TEXAS 89-79108 ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT 1. 0.17 AC Clearing •& Grubbing $100.00 $ 17.00 2. 250 LF 6" C & G $ 5.80 $1,450.00 3. 2000 SF 4' Sidewalk $ 1.50 $3,000.00 4. 18 LF ' 5' Valley Gutter $ 13_50 $ 243.00 5. 500 SY 3 Course Surface Treat $ 2.78 $1,390.00 6. 500 SY 6" Caliche Base $ 2.60 $1,300.00 7. 277 CY Excavation $ 1.96 $ 542.92 $7,942.92 73% Engineering $ 595.72 TOTAL $8,538.64 EXN/0/T 'f3 Corpus Christi, Texas .day.of 971.1,71.4L , , 19 • 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. The Charter rule Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky was Respectfully, CORPUS CHRISTI, TEXAS suspended by the following vote: The above ordinance was Luther Jones Edward L. Sample. Dr: Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: IA f 15614