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Home My WebLink About16463 ORD - 08/12/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TUCKER INVESTMENTS, INC., DEVELOPER OF CLUB ESTATES, UNIT 6, WHEREBY THE CITY WILL REIMBURSE DE- VELOPER FOR COST OF CONSTUCTION OF STREET IMPROVE- MENTS AROUND THE DEDICATED PARK WHICH IS BOUND BY RIVERGATE DRIVE AND CROSSVALLEY DRIVE, IN CROSSGATE SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIA- TING $35,787.40 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF CONSTRUCTION COST APPLICABLE TO PROJECT N0. 220-77-53, CROSSGATE SUBDIVISION; AND DE- CLARING 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 Tucker Investments, Inc., developer of Club Estates, Unit 6, whereby the City will reimburse developer for cost of construction of street improvements around the dedicated park which is bound by Rivergate Drive and Crossvalley Drive, in Crossgate Subdivision, 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 the sum of $35,787.40 out of the No. 220 Street Bond Fund for the City's share of construction cost applicable to Project No. 220-77-53, Crossgate Subdivision. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for preserving public property by executing the above agreement and expediting construction of necessary improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emer- gency measure this O day of 1981. ATTEST: zeg, C' y Secretary APPROVED: J. BRUCE By OC 1 CI ♦,� ' TTOR Y /L 4' Age AleR, THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED 1G163 G3 SEP 27 19134 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 Tucker Investments Inc., hereinafter called "Developer". WHEREAS, the Developer has dedicated a 9.75 acre park within a subdivision proposed to be known as Crossgate Subdivision in accordance with the platting ordinance of the City. 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= Rivergate Drive and Crossvalley Drive which bound the above described dedicated park. The improvements will be constructed in accordance with the plans and specifica— tions 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 prorate 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 Thirty Five Thousand Seven Hundred Eighty Seven and 40/100 Dollars ($35,787.40). 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, and will be made only after contractural annexation has been applied for and approved by the City for Crossgate Subdivision. 3. 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 this day of , 1981. CITY OF CORPUS CHRISTI ATTEST: City Secretary APPROVED: J. BRUCE ATTEST: Secretary THE STATE OF TEXAS COUNTY OF NUECES X X By R. Marvin Townsend, APPROVED T/, istant i %y'`'an.ger TUCKER INVESTMENTS, INC. By John Tucker 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 instruments 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"ebnsiderations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1981. THE STATE OF TEXAS X COUNTY OF NUECES X Notary Public in and for Nueces County,Texas Before me, the undersigned authority, on this day personally appeared JOHN TUCKER, known to me to be the person 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 1981. Notary Public in and for Nueces County, Texas Park Dedication- Crossgate Subdivision D... 9 .,f _ i'A • . • PROJECT CONSTRUCTION COST ESTIMATE Crossgate Subdivision SHEET NO. I OF l SEM DESCRIPTION QUANTITY QUANTITY + % UNIT UNIT COST TOTAL CITY PARK PARTICIPATION 1. 2. 3. 4. Clearing & Grubbing Excavation 6" Com.acted Caliche Prime Coat 0.81 1 770 2 360 2 360 AC 50.00 40.63 CY 2.27 2,247.90 SY 2.79 6,584.40 SY 684.40 5. 6. 7. 2" As.haltic Concrete 6" L Curb & GutterSY 4' Wide Sidewalk 2 360 1 155 4,620 0.29 4.27 10,077.20 • LF SF 5.45 1.56 6,294.75 7,207.20 1 .. _ y SH .RE 33,I36. 48 W - 1J BIC - TOTAL . 1 • • • EXHIBIT 'B' TOTAL PREPARED BY CHECKED BY CU AMT tmf DATE 77 -79 -Rn JOB NO. 14128.60 - CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 12, 1981 I certify to the City Council that $ 35,787.40 , 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. No.220 Street Bond Fund 220-77-53 Project Name Crossgate Subdivision P.C.6.S. from which it is p_upused to be drawn, and such Honey is not appropriated for any other purpose. h/f,I ,1 FIN 2-55 Revised 7/31/69 Corpus Christi, Texas ca day oAoLLgD— , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we,—therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR HE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky i6�h63