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Home My WebLink About15804 ORD - 10/01/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH • VOISION DEVELOPMENT COMPANY, DEVELOPER OF GREENFIELDS BY THE BAY SUBDIVISION, UNIT 1, PROVIDING FOR CITY PARTICI- PATION IN THE COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN THIS SUBDIVISION, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $11,702.99 OUT OF THE NO. 220 STREET BOND FUND FOR PAYMENT TO VOISIN DEVELOP- MENT COMPANY UPON COMPLETION OF CONSTRUCTION BY THE DEVELOPER AND ACCEPTANCE OF SAME BY THE CITY, APPLICABLE TO PROJECT NO. 220-77-43, GREENFIELDS BY THE BAY SUB- DIVISION, UNIT 1; 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 agreement with Voisin Development Company, developer of Greenfields by the Bay Subdivision, Unit 1, 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 $11,702.99 out of the No. 220 Street Bond Fund for payment to Voisin Development Company upon completion of construction by thoe developer and acceptance of same by the City, applicable to Project No. 220-77-43T, Greenfields by the Bay Subdivision, Unit 1. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the sums necessary to effect the contract between Voisin Development Company and the City of Corpus Christi 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 suspesnion of the Charter rule and that this 1 5804 SEROEILMED SEP 271984 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 4e day of October, 1980. ATTEST: .104 CiSecretary THE C'� Y OF CORPUS CHRISTI, TEXAS APPROVED: - / DAY OF OCTOBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY AGREEMENT THE STATE OF TEXAS X COUNTY OF NUL•CES 1 THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Greg Voisin, Trustee of Voisin 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 Greenfields by the Bay Subdivision Unit I 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, curb and gutter, and sidewalk on Canadian 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 rCity'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' Eleven Thousand Seven Hundred Two and 99/100 Dollars ($11,702.99). 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. z y. 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: "?...-4;SO/day of J. BRUCE AYCOCK, CITY ATTORNEY , 1980. By .Assistant ttorney THE STATE OF TEXAS L COUNTY OF NUECES I THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager - GREG VOISIN, TRUSTEE • By A. M. Ewing, Jr., Attorney in Fact Before me, the undersigned authority, on this day personally appeared A_ M. EWING, JR., Attorney in Fact, 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 therein stated. . - Given under my hand and seal of office this the day of , 1980. Notary Public in and for Nueces County, Texas PC, 10 + 80.65 ' T. C, 11,9 , 0+00 CANADIAN II* 54.19 VANCOUVER PC, 10+15.65 ENO ca , T,C.-16.85 B!B PARK NOTE: I. PROVIDE UNIFORM GRAD! G AROUND LIFT STA. a V VE BOX. SLOPE GRADE FR0 EL. 15.0 .AT STRUCTURE • TO EXIST. GROUND: 3:1 LOPE. 2.UNIFORMLY GRADE PAR FROM 101 SOUTH OF CU TO EDGE OF EXIST. DRAINAGE DITCH. • , G 10 4-35 T. 11.70 G.B. 10+55 T.C. 11.70 TRANSIT! CURB I 10 P.T. 0 00 T. . 11.: 0 10+ 3.65 0+7065 19 0+ 00 20 21 15'UE.1 BLS 2 23 • 24 aC:�1+ 25 , 26 27 15'U 0 80 T.0 1 .2 0 17 K 16 H15 77GB,p P.C. 8+72 9 8 P.T. 2+71.90 25' BL ' 4 :I 3 C. I+ 34.; CANADIA N DRIVE 3+45 END Ca G T.C. 12.75 NOTE: 60 IN PLACE DENSITY TF STC CI -1/11 - , o rn,, + R�O:W. CONSTRUCo"IQN COST ESTIMATE PROJECT GREENFIELDS BY THE BAY UNIT 1 SHEET NO._1 OF___1._ 'EXHIBIT "B" TOTAL PREPARED BY 3143 CHECKED BY CU DATE_ _9-9-80 ____ JOB NO 8640.10 rEMQUANTITY DESCRIPTION QUANTITY UNIT UNIT CITY PARK PARTICIPATION: 1. C naming & r ing 0.26 AC 125.00 31.25 2_ Excavation 570 CY 1.40 798.00 2,419.20 3. 4. 6" Compactei Caliche Base 73G SY 3.0— Prime Coat 756 SY 0.40 302.40 5- 1-1/2" Hot Mix SY 3.50 2 646.00 6. 6" L Curb 6 Gutter 385 LF 4.75 11 828.75 2,810.50 7. 4' Wide Sidewalk 1,606 Sp 1.75 TOTAL 10L836.10 866 89 + 8% En> ineerin>• GRAND TOTAL 11 702.99 J 'EXHIBIT "B" TOTAL PREPARED BY 3143 CHECKED BY CU DATE_ _9-9-80 ____ JOB NO 8640.10 . CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 26, 1980 I certify to the City Council that $ 11,702.99 , 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 220 Street Bond Fund Project No. 220-77-43 Project Name Greenfields by the Bay Subdivision, Unit 1 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 p /i day of O(i%_ , 19e ) 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 j . THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following The above ordinance was passed Luther Jones Edward L. Sampler Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the vote: following vote: 15801