The URL can be used to link to this page

Home My WebLink About16077 ORD - 02/25/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., DEVELOPERS OF BRECKENRIDGE SUBDIVISION UNIT 1 WHICH PROVIDES FOR THE CITY OF CORPUS CHRISTI TO REIMBURSE THE DEVELOPERS FOR THE CITY'S SHARE OF ADDITIONAL PAVEMENT SECTION ON EVERHART ROAD ADJACENT TO BRECKEN- RIDGE SUBDIVISION, UNIT 1, REQUIRED DUE TO HEAVY TRAFFIC! FLOW; APPROPRIATING $17,047.80 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-47 EVERHART ROAD ADJACENT TO BRECKENRIDGE SUBDIVISION, UNIT 1, ADDITIONAL PAVEMENT; 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 -E. H. Moore Homes, Inc. and J. R. Builders, Inc., developers of Breckenridge Subdivision Unit 1, which provides for the City of Corpus Christi to reimburse the developers for the City's share of additional pavement section on Everhart Road adjacent to Breckenridge Sub- division, Unit 1, required due to heavy traffic flow, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated out of the No. 220 Street Bond Fund the sum of $17,047.80 for Project No. 220-77-47, Everhart Road Adjacent to Breckenridge Subdivision, Unit 1, Additional Pavement. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the sums described at the earliest practicable date in order to reimburse the developers for the City's share of additional pavement creates a public emergency and an imperative public necessity re - 'wiring 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 such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect 160'7'7 MiCQFILMED SEP 2 71.9R4 and be in full force and effect from and aft- its passage, IT IS ACCORDINGLY SO ORDAINED, this the a day of ATTEST: City Secretary APPROVED: -7'r-DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit, �� orney MAYOR THE +s' Y OF CORPUS CHRISTI, TEXAS , 1981. / AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City", and E. H. Noore Homes, Inc. and J. R. Builders, Inc. of Corpus Christi, hereinafter referred to as "Developers", and pertains to the City's share of the cost for improvements as set forth in the Platting Ordinance and for improvements required by the City over and above those set forth in the Platting Ordinance and for one-half the pavement section of Everhart Road, abutting Breckenridge Unit I Subdivision, as shown on the plat attached hereto, marked Exhibit "A". NOW, THEREFORE, City and Developers agree as follows: 1. Developerswill construct street improvements on and along Everhart Road abutting Breckenridge Unit I w+_ a^ 8 -inch -caliche base topped with 4 inch hot -mix asphaltic concrete, said ___ truction to be contracted for and financed by Developers. 2. City agrees to reimburse Developers as its share of the cost of above stated construction (including engineering at the rate of 8.07 of the construction cost), the sum of Seventeen Thousand Forty Seven and 80/100 ($17,047.80) Dollars as shown in attached Exhibit "B", upon satisfactory comple- tion and acceptance of the improvements by City. 3. Developers agree to indemnify City against any and all claims arising out of the construction of the aforesaid improvements. EXECUTED IN DUPLICATE ORIGINALS, this the day of ATTEST: , 1981. CITY OF CORPUS CHRISTI P,y City Secretary R. Marvin Townsend, City Manager APPROVED AS TO LEGAL FORM THIS J. BRUCE AYCOCK, City Attorney By Assistant City Attorney DAY OF��%%is , 19811 ,Cm APPROVED: ,l vvJ'( p�,swc.t P (Dept. Head) //cer-DAv £w' f • THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, known to me to be the City Manager of the City of Corpus Christi, Texas, and the same person who signed the foregoing instrument, and acknowledged to me that he executed the same as the act of the City of Corpus Christi, and as City Manager thereof, for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1981. Notary Public for State of Texas DEVELOPERS: E. H. MOORE HOMES, INC. By J. R. BUILDERS, INC. By THE STATE OF TEXAS X COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared Edgar H. Moore and James R. Ewing, known to me to be the persons whose names are subscribed to this instrument and acknowledged to me that they have executed the same for the purposes and considerations therein expressed and in the capacities stated. GIVEN UNDER MY HAND Aid) SEAL OF OFFICE, this the day of , 1981 Notary Public for State of Texas • ; ••• • ••• C/71' Parifki,oal-&° /Cs Limil-ed 14/a?` Mix Asphalt 0/7/. 4VERAi,eher RaA a 4t01 ee0. R.014/ /' 20. 5, i"rype"a7o/Ati;r 5"7'pe.'101/1/ept41ix A.C. 7,pecf • 73;#p/cA4 STREET 8'c -cliche Bose CONSTRUCTION COST ESTIMATE PROJECT BRECKENRIDGE UNIT 1 QUANTITY SHEET NO. 1 OP 1 UNIT COST TOTAL Additional Cost (City's Share) to provi.e ype : p us ype Hot Mix As.haltic Concrete in lieu of 2" Hot Mix $15,785.0( 87. En:ineerin• 1 262.81 • ' EXHIBIT "B" TOTAL PREPARED BY C.U. ' CHECKED BY C_R 0 ? uu anar.1 DATE JOB NO • $17,047.80 2 181 16333.10' ti CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 13, 1981 I certify to the City Council that $ 17,047.80 , 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 220-77-47 Everhart Road Adjacent to Breckenridge Subdivision, Unit 1, Additional Pavement 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 J2 I Corpus Christi, T xas .: day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 19 gJ 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, The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky R THE ' ITY OF CORPUS CHRISTI, TEXAS d by the following The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky by the vote: following vote: 16077