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Home My WebLink About15915 ORD - 11/26/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, DEVELOPER OF WOODLAND CREEK SUBDIVISION, UNIT 5, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPER FOR ONE-HALF OF THE COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN THE WOODLAND CREEK SUBDIVISION, UNIT 5, WHICH IS BOUNDED BY WOODLAND CREEK DRIVE, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY'S PLATTING ORDINANCE; APPRO- PRIATING $17,445.59 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-44, WOODLAND CREEK SUB- DIVISION; 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 Nueces Development Company, Developer of Woodland Creek Subdivision, Unit 5, a copy of which is attached hereto and made a part hereto and made a part hereof, marked Exhibit A. SECTION 2. That authorization be given for the City to reimburse the developer for one-half of the cost of street improvements around the • dedicated park in the Woodland Creek Subdivision, Unit 5, which is bounded by Woodland Creek Drive, all in accordance with the terms and conditions of the City's Platting Ordinance. SECTION 3. That there is hereby appropriated the sum of $17,445.59 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-44, Woodland Creek Subdivision. SECTION 4. The necessity to authorize execution of the aforesaid agree- ment and appropriation of the sums set forth in order that the street improvements and around the dedicated park in the Woodland Creek Subdivision, Unit 5, be com- pleted at the earliest practicable date creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter rule that no ordi- nance 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 such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordi- nance 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 day of November, 1980. ATTEST: City'Secretary "'" MAYO >6 CITY OF CORPUS CHRISTI, TEXAS APPROVED: `(QDAY OF NOVEMBER, 1980: �'�+pnL, J. BRUC�„A CK, CITY ATTORNEY LIVILU By /l �(�l/ • , Assistant /7��ttorney 15915 1SgP 2 71984 AGREEMENT THE STATE OF TEXAS I COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and John B. Davis, President of 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 Woodland Creek Unit V 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 Woodland Creek 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 Seventeen Thousand Four Hundred Forty—five and 59/100 Dollars ($17,445.59). 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. this the EXECUTED IN DUPLICATE, each of which shall be considered an original, day of , 1980. ATTEST THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: day of , 1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney NUECES DEVELOPMENT COMPANY By John B. Davis, President THE STATE OF TEXAS COUNTY OF NUECES X 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 therein stated. Given under my hand and seal of office this the day of , 1980. Notary Public in and for Nueces County, Texas -2- STA +0(o,?.4..) 1 pT v /6 /7 NI • 6) 7.4 P.' • :s :.�..:,�•..«�,.a zip ... 026' 4511E142.86' is •0.59/ ,574 4+7/. 2:6144'00‘..1,4/^ 574 / STA c: fit,• + % 6A• TA :4.:Z0.3t Z.3 Co 1 •, PC. L rB-�Z_ ' I \ PQRH I 'w I 1 2—Sra 2 r T 1 I I o '1 n / 94 4—) w C^'^ N 37°29' 00"E 310.63' N05° 30'00"E 26.45' 1.4 lL._ • Srr1.77..3n.05 END C 7-4• Z T. 1. All Street 2, All street 21.0' radit and Turkey radius bac} 3. Pay. for pri 4. Pay fqr all Sections as 5. 7.11' trees w to be remov. G. All trees n( with 3" tr.ut atn0 larger 7. Sr c Si Sc after... ca) WOODLAND CREEK UNIT V PARK REIMBURSMENT 1. 6" Curb and Gutter 612 LF 5.30 $ 3,243.60 2. "4' -Sidewalk 2400 SF 1.40 3,360.00 .3. 6" Caliche Base 1244 SY 3.20 3,980.80 4. 1 1/2" HMAC 1244 SY 3.63 4,515.72 5. Clearing and Grubbing, 0.57 AC 272.00 155.04 6. Excavation 691 CY 1.30 898.30 7. Barricade Structure 1 LS 75.00 75.00 TOTAL PARK REIMBURSMENT $16,228.46 7 1/2% Engineering 1,217.13 TOTAL $17,445.59 NMW/lclh EXE//57T CITY OF CORPUS CBEISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 14, 1980 . I certify to the City Council that $ 17,445.59 , 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. 220-77-44 Project Name Woodland Creek Subdivision, Unit 5, W.P.C.G.S. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 7761 -v ----9-,(.e, 19 ea irector o Finance FIN 2-55 Revised 7/31/69 Corpus Christi,Jexas 24 day of 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. Ci Respectfully, MAYOR THE CI " OF CORPUS CHRISTI, TEXAS The Charter rule was suspend_d by the Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: 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 15915