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Home My WebLink About16479 ORD - 08/19/1981sp;8/17/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WBC HOLDINGS, INC., DEVELOPER OF BRIGHTON VIL- LAGE SUBDIVISION, A SUBSTANTIAL COPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $29,247.63 OUT OF THE NO. 220 STREET BOND FUND FOR REIMBURSEMENT TO THE DEVELOPER UPON COMPLETION OF CONSTRUCTION AND ACCEPTANCE OF THE SUBDIVISION BY THE CITY, APPLICABLE TO PROJECT NO. 220-77-54, BRIGHTON VILLAGE 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 WBC Holdings, Inc., developer of Brighton Village Subdivision, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $29,247.63 out of the No. 220 Street Bond Fund for reimbursement to the developer upon com- pletion of construction and acceptance of the subdivision by the City, applicable to Project No. 220-77-54, Brighton Village 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 public need to implement improvements in the subdivision, such finding of an emer- gency 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 emergency measure this IC/ day of August, 1981. ATTEST: Ci y Secretarycif MAY APPROVED:/3 DAY OF AUGUST, 1981 ?Bruce Aycock, Ci Attorney 16-179 THE ' ITY OF CORPUS CHRISTI, TEXAS MICROFILMED SEP 2'r 1984 AGREEMENT THE STATE OF TEXAS J( COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter call "City", and WBC Holdings, Inc., hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of BRIGHTON VILLAGE SUBDIVISION 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 on Brockhampton and Barclay streets which bound 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 Twenty Nine Thousand Two Hundred Forty Seven and 63/100 Dollars ($29,247.63). 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's" 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. EXECUTED IN DUPLICATE, this the ATTEST City Secretary day of THE CITY OF CORPUS CHRISTI By , 1981. R. Marvin Townsend, City Manager APPROVED: APPROVED: �O day of , 1981. By Assistant City Manager J. BRUCE AYCOCK, CIY`Y TTORN By DEVELOPER: WBC HOLDINGS, INC. By THE STATE OF TEXAS 1 COUNTY OF NUECES Z 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 considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1981. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared , known to me to me the person who signed the above instrument and he acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity of GIVEN UNDER MY HAND AND SEAL. OF OFFICE, this the day of , 1981. Notary Public in and for Nueces County, TexaS (2) AGREEMENT - BRIGHTON VILLAGE SUBDIVISION City Park Participation PROJECT CONSTRUCTION COST ESTIMATE BRIGHTON VILLAGE SHEET NO 1 OF XHIS/T 03" TOTAL $29,247.63 PREPARED BY .D.V. CHECKED BY IIUNMAN enewu.o DATE 6/16./81 JOB NO 14968.10 ;yl DESCRIPTION QUANTITYUNIT QUANTITY QUANTITY UNIT COST TOTAL 1 CITY PARK PARTICIPATION and Grubbing 0.61 0.64 AC 660.00 422.40 1. Clearing 982 1031 CY 2.10 2165.10 2- Excavation 6" Compacted Caliche 1768 1856 SY 3.30 6I24.80 6496.00 3_ 1i" Hot Mix Asphalt 1768 1856 SY 3.50 4 Prime Coat 1768 1856 SY 0.30 556.80 5. 6" "L" Curb and Gutter 873 917 LF 5.80 • 5318.60 6. Sidewalk 3431 3602 SF 1.70 6123.40 7. 4' Concrete TOTAL CITY SHARE $27,207.10 74 % ENGINEERING 2.040.53 XHIS/T 03" TOTAL $29,247.63 PREPARED BY .D.V. CHECKED BY IIUNMAN enewu.o DATE 6/16./81 JOB NO 14968.10 CITY OF CORPUS C RISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 19, 1981 I certify to the City Council that $ 29,247.63 , the amount required for the contract, agreement, obligation or expenditures cont np1ated 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. 220-77-54 Project Name Brighton village Rnh,iivirsinn W 0 0 from which it is proposed to be drawn, and sudu money is not appropriated for any other purpose. Revised 7/31/69 Corpus Christi, Texas // 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 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, , 1981 Council Members MAYOR THE CITY 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 1.61'79