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Home My WebLink About16272 ORD - 05/27/198112 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUDDY SEEDS, DEVELOPER OF RETTA ESTATES SUBDIVI- SION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRI- ATING $26,478.59 OF WHICH $14,255.15 IS OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-77- 52, RETTA ESTATES SUBDIVISION FOR PARK CONSTRUCTION REIMBURSEMENT, AND $12,223.44 IS OUT OF THE NO. 250 ,SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250- '77-35, RETTA DRIVE SEWER LINE FOR SEWER LINE INSTALLA- TION; 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 Buddy Seeds, developer of Retta Estates Subdivision, all as more fully setgrth in the agreement, a substantial copy of which is attached hereto and r\jade a part hereof, marked Exhibit "A" SECTION 2. That there is hereby appropriated the suCof $26,478.59 of which $14,255.15 is out of the No. 220 Street Bond Fund, applicable to Project No. 220-77-52, Retta Estates Subdivision for park construction reimbursement, and $12,223.44 is out of the No. 250 Sanitary Sewer Bond Fund, applicable to Project No. 250-77-35, Retta Drive Sewer Line for sewer line installation. SECTION 3. The necessity to authorize execution of the aforesaid agreement and to appropriate the sums described in order that the street and sanitary sewer improvements may be commenced at the earliest practicable date creates a 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 meetingi of the City Council, and the Mayor or Council members, hav- ing 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 21 day of May, 1981. MICROFILMED ATTEST: dfx;) 1:eoe ecretary MAYOR 16272 ;THE\CITY OF CORPUS CHRISTI, TEXAS SEP 2 71984 APPROVED: ) /4-.57/ J. BRUCE AYCO,„CITY ATTORNEY AGREEMENT THE STATE OF TEXAS j COUNTY OF NUECES I 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 Buddy Seeds of Corpus Christi, developer of Retta Estates Subdivision, herein- after referred to as "Developer", and pertains to the City's share of the cost of improvements as set forth in the Platting Ordinance and for improvements " agreed to by the City and Developer in the development of Retta Estates Subdivision, as shown on the plat attached hereto, marked Exhibit "B". NOW, -THEREFORE, City and Developer agree as follows: 1. Developer will construct stredt improvements on and along Furgale Drive and Vialoux Drive which abut the dedicated City park with a minlinum 8 -inch caliche base topped with 11/2 inches of hot -mix asphaltic concrete, said construction to be contracted for and financed by Developers. 2, City agrees to pay Developer its share of the cost of the above stated construction the sum of $14,255.15, for one-half the street .construction costs as -shown in the attached Exhibit "A", which such shall be paid to the Developer upon completion of construction and acceptance of the construction by the City. 3. Developer agrees to construct an 8 -inch diameter gravity sanitary sewer in Retta Drive per the attached Exhibit "B". City will pay Developer for one-half of cost of said line plus future pro -rata front foot charges of $2.00 per foot for property to be served by the line on the south side of Retta Drive. Computations for this are shown in Exhibit "A". 4. Developer agrees to pay City the sum of $600.00 per acre for the northwest 19.453 acres of Retta Estates Subdivision, or $11,671.80, as shown on Exhibit "A". 5. Prior to acceptance of the subdivision by the City, Developer agrees to pay the City a total of $11,671.80 which represents the acreage fee and the City agrees to pay the Developer a total of $12,223.44 which represents one-half the cost of the sanitary sewer line installation in • Retta Drive as detailed in Exhibit "A", plus future pro -rata sewer charges to be collected by the City. 6. Developer agrees 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 , 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF MAY, 1981: S. BRUCE AYCOCK; CITY ATTORNEY APPROVED: By Assistant City Attorney (Dept. Head) Buddy .Seeds THE STATE OF TEXAS X COUNTY 'OF NUECES X DEVELOPER 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, fortthe purposes and,considerations therein expressed. ___ . GIVEN UNDER MY AND AND SEAL OF OFFICE, this the 1981. day of Notary Public in and for State of Texas -THE STATE OF TEXAS 1 COUNTY OF NUECES X �• BEFORE ME, the undersigned authority on this day personally appeared BUDDY SEEDS, known to me to be the person whose name is subscribed to this instrument and acknowledged to me that he has executed the same for the purposes and considerations therein expressed and in the capacities stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE," this the day of , 1981. Notary Public in and for the State of Texas -2- • SANITARY SEWER LINE COST - RETTA DRIVE 1. 8" V.C. Pipe, 8-10' Cut 151 LF @ $ 17.00 $ 2,567.00 2. 8" V.C. Pipe, 6-8' Cut 604 LF @ $ 15.00 9,060.00 3. 8" V.C. Pipe, 0-6' Cut 330 LF @ $ 13.00 4,290.00 4. 18' X 8" C.I. Pipe 4 EA. @ $320.00 1,280.00 5. 4' Dia. Manhole, 6-8' Deep 2 EA. @ $900.00 1,800.00 6. 4' Dia. Manhole, 0-6' Deep 2 EA. @ $800.00 1,600.00 SUB -TOTAL $20,597.00 _. Front footage on existing subdivision, east side of Retta Drive - 1246 feet (1) City's Share of Costs $20,597 - $2(1246) 2 = $9,052.50-- (2) Engineering Fees 71/2% ($9,052.50) 678.94 Subtotal $9,731.44 (3) Future Pro-rara Fee $2(1246) 2,492.00 TOTAL CITY COST $12,223.44 Acreage.Fee (19.453 Acres) 19.453 @ $600 = 11,671.80 PARK REIMBURSEMENT COSTS 1. Street Excavation 500 CY @ $1.30/CY $ 650.00 2. Subgrade Preparation 1064 CY @ $0.25/CY 266.00 3. Compacted Caliche Base 923 CY @ $3.45/CY 3,184.35 4. Prime Coat 923 CY @ $0.30/CY 276.90 5. 115" Hot Mix Surface 923 CY @ $3.65/CY 3,368.95 6. 6" 'L' Curb 488 LF @ $5.50/LF 2,684.00 7. 4" Thick Concrete Walk 1952 SF @ $1.45/SF 2,830.40 SUB -TOTAL $13,260.60 71% Engineering 994.55 TOTAL $14,255.15 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 27, 1981 I certify to the City Council that $ 14,255.15 , the cuL unt 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 No. 220 Street Bond Fund Project No. 220-77-52 Project Name Retta Estates Subdivision. W.P.C.G.S. from which it is proposed to be drawn, and such Honey is rot appropriated for any other purpose. P jc 6/I )9, 61° N1 FIN 2-55 ✓✓✓� Revised 7/31/69 §1 19 ,S)/ CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 26, 1981 I certify to the City Council that $ 12,223.44 , 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 No. 250 Sanitary Sewer Bond Fund Project No. 250-77-35 Project Name Retta Drive Sewer Line from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 92/1d):/, 19$;/ /�' I /Si VIA 6,9 FIN 2-55 Revised 7/31/69 Corpus Christi, Tex.s 2.7 day of , 1921 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Council Members Respectfully, MAYOR The City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed by the following vote: -Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley ‘41'Herbert L. Hawkins, Jr. Dr. Charles 4J. Kennedy Cliff Zarsky 16272 3,45" S7Weemer mg/ ;e tee ,",wc = e • _ 6•A e +I • 8 / SEPVZ-2? "4/7/,' !`,14:472-1/2' �Ll / .. I_,TALACE