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HomeMy WebLinkAbout15829 ORD - 10/22/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TIM CLOWER, TRUSTEE, DEVELOPER OF LA JOYA ESTATES SUBDIVI..., SION, UNIT 1, PROVIDING FOR CITY PARTICIPATION IN THE COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN THE SUBDIVISION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", FUNDS FOR WHICH HAVE BEEN PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 14543, APPLICABLE TO PROJECT NO. 220-72-56, LOS ENCINOS PARK ACCESS ROAD; 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 is hereby authorized to execute an agreement with Tim Clower, Trustee, developer of La Joya Estates Subdivision, Unit 1, providing for City participation 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", funds for which have been previously appropriated by Ordinance No. 14543, applicable to Project,No. 220-72-56, Los Encinos Park`;Access Road. SECTION 2. The necessity to authorize e"Xecution of the aforesaid agreement at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspen 'ion 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 that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passedrfinally 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 22 --day of October, 1980. ATTEST: •City Secretary APPROVED: 22,,,(DAY OF OCTOBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By AssiftanVCity Attorney' V 15829 THE ITY OF CORPUS CHRISTI, TEXAS AMUf1LMED SIP 2 71984 AGREEMENT THE STATE OF TEXAS X COUNTY "OF NUECES j THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Tim Clower, Trustee, hereinafter called "Developer". WHEREAS, the "Developer" has dedicated a street right—of—way within a subdivision proposed to be known as La Joya Estates, Unit 1 and abutting previously dedicated Los Encinos Park; 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 La Joya Street and Escondido Street which bound 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 Fifteen Thousand Eight Hundred Twenty—four and 45/100 Dollars ($15,824.45). 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. 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. this the ATTEST APPROVED: EXECUTED iN DUPLICATE, each of which shall be considered an original, day of . , 1980. THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager fe(rj day of J. BURCE AYCOCK, CITY ATTORNEY By 1980 Assistant Ci e7%17 orney THE STATE OF TEXAS COUNTY OF NUECES APPROVED: (Department Head) DEVELOPER: CLOWER INTERESTS By Tim Clower, Trustee Before me, the undersigned authority, on this day personally appeared TIM GLOWER, Trustee, 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 -2- 01 1 '21 W Jtp.t.CJ II Wzo/1 8 �o�.�l ;8�2==3= hQ g� 4- 111 g z-* lfiV 5aOd--5600'--II— 7.511 E. O 00- GO.00 1 -- CJ o� �' to 7Vu.rr. I'- 0 .1* 1-13 . ,o° ° X35 ;80934==33==32= 0 6 00 It II II 2 4© --—_-19G3'�1U9353 _c L 1L- 8 -- I I- 5G.00t- Goe, z -95 Cad- -- II— gri Ig, .o s0aq us o6342: -,,N-11500' o o 9000 -I 0 00'00"W 40.00' tI ► 5'u jli__-� 15 u.E24' I 00 29==28 =27'8°2. 0 coo.o,L• oo. o0 °0019.0"w...... X45.00' r ° 13 4o."oo'L n eo no' waroc L) .Ul 111.1 925P 0 I I II � NCI°0000'W 500.00' N GI 0000W I ICr7 GO.00' LOS EI1C1 NOS PARK CONSTRUCTION COST ESTIMATE PROJECT LA JOYA ESTATES UNIT 1 SHEET NO 1 OF 1 EM DESCRIPTION QUANTITY QUANTITY U UNIT IT TOTAL COST IIMINMIMIMM. ,1.1. ' ' 858 44 1 144 542 irw CY 25.00 9.75 1.20 1,029.60 - - - SY 3.20 3 660.80 SY 0.21 240.24 SY 3.42 3 912.48 2 872.60 2,926.80 • 2 168 LF SF 5.30 U a PARTICIPATION + 8% En•ineerin_• ===- ==== 1.35 14,652.27 , GRAND TOTAL • MINIS 111111- --_ EXH/5/T ;5 • TOTAL PREPARED 8Y CU CHECKED BY 83 (+j7? anr:aw lL W DATE 10-74-80 JOB NO 16988.10 Corpus Christi, Texas 22— day of 0JLI._,' . , 19 Ro 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, MAYOR THE CI a' OF CORPUS CHRISTI, TEXAS The Charter rule was suspended 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 passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15829