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Home My WebLink About16048 ORD - 02/18/19814,. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EUGENE H. BRANSCOME, JR., DEVELOPER OF THE MARKS TRACT, BLOCK 3, LOT 2 AND BLOCK 4, LOT 1, WHICH AUTHORIZES CITY PARTICIPATION IN THE CONSTRUCTION OF IMPROVEMENTS AROUND THE DEDICATED PARK IN THE SUBDIVISION ALONG FLYNN PARKWAY, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $20,338.18 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-48; 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 Eugene H. Branscome, Jr., developer of the Marks Tract, Block 3, Lot 2 and Block 4, Lot 1, which authorizes City participation in the construction of improvements around the dedicated park in the subdivi- sion along Flynn Parkway, 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 $20,338.18 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-48. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the sums set forth 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 resolu- tion 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 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of February, 1981. ATTEST: it Secretary 74.1. �) A I Y /OIL TH'�TY OF CORPUS CHRISTI, TEXAS APPROVED: /�S DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY EJLMED SEP71984 16048 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 13, 1981 I certify to the City Council that $ 20,338.18 , 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 - Project No. Project Name No. 220 Street Bond Fund 220-77-48 Marks Tract, W.P.C.G.S. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • 11 Of .-/ a'�FIN 2-55 �y" Revised 7/31/69 AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Eugene H. Branscome, Jr., 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 known as Marks Tract 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 Flynn Parkway which bounds the above described dedicated park. The improve— ments 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 Twenty Thousand Three Hundred Thirty—eight and 18/100 Dollars ($20,338.18). 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. Cx%'•9'• 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 THE CITY OF CORPUS CHRISTI City Secretary APPROVED: �/ / day of.Z2+-t€u�-!%fid/ , 1980 J. BRUCE AYCOCK, CITY ATTORNEY THE STATE OF TEXAS I COUNTY OF NUECES I By R. Marvin Townsend, City Manager DEVELOPER: By Eugene H. Branscome, Jr. Before me, the undersigned authority, on this day personally appeared EUGENE H. BRANSCOME, JR., 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 , 1980. Agreement — Park — Marks Tract Page 2 day of Notary Public in and for Nueces County, Texas 'BENCH MARK TLE V. 25.09 TOPOF• x ISTI NG tr4Lrc7" STA 0+40 EXIST: -re. 25.1a START C.,. --SJ- pC STA. o+4o EDGE OF EXI ST. ASPHALT PTSTA 2-i- 25.72 BT.C. 25.60 ti STA 2+23.72 •O 4' N CORONA DRIVE - EXIST C 8 G — 1 1 P.0 . STA 4+39.9 PT STA 5+65.6 START TRANS ITION TO 4'C9 C TIE TO EXIST 4"C96 STA 6+10.6 TC 24.64 44s_ec-' • I 1 I i I I • 1 1 i n i , I Z • I c: • t .5 , ti` y 3, U a I STA 6+26.6 d STA 6120.6 EXIST,TC 24:57 E%IST.TC 2.4.39 f STAG* 20.6 =AK RB ANGENCY . :URVATURE 1 AT CENTERLINE OF STREET ION WHERE GRADE BREAK OCCURS JTTER (C. 9 G.) 4E PAVING AND GRADING LAYOUT 6(' Ex/weir �9. CONSTRUCTION COST ESTIMATE PROJECT MARKS TRACT Lot 2 B1k. 3 & Lot 1, BIk. 4 SHEET NO I OF 1 TOTAL PREPARED BY CRR CHECKED BY CU . EXHIBIT "B" ((dry? ucaoora DATE JOB NO. 6951.75 • 11-20-80 TEM DESCRIPTION - QUANTITY QUANTITY + z UNIT UNIT COST TOTAL 1. Clearin & Grubbing 0.40 RC 250.00 100.0 860 -fir . 1,505.0 IREMEIffil - - - 1,162 -® 4.20 4,880.6 1,162 SY 0.45 522.5 ISIIMMSIIIINMIMIIIIIIIMIIIIIIIIIIIIIIIIIMI 1,162 581 2,324 SY LF SF ,4.75 5,519.f. ' 5.25 3,050.2 1.40 3,253.E MME MTr• Plus 8% Engineering 111111d;�:l�liilr�3tY'. --�- --_- -==- 111111111111 MI $18,83 . ' 1.. 20 338.1 • • 111111 11111 11111 • 111=1111111 __�� wr.trof E., ,- MIN MIIMMINIIMEmml • TOTAL PREPARED BY CRR CHECKED BY CU . EXHIBIT "B" ((dry? ucaoora DATE JOB NO. 6951.75 • 11-20-80 Corpus Christi, T xas 8 day of� , 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. Respectfully, MA 1 ✓ THE CI " OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky passed by the following vote: 16048