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Home My WebLink About16557 ORD - 09/23/1981sp;9/21/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JACOM BUILDERS, INC., AND APPRAISAL AND REAL ESTATE SERVICES, INC., PROVIDING FOR PAYING THE CITY $28,000 AS THEIR SHARE OF STORM SEWER COSTS FOR VAN GALEN DRAINAGE IMPROVEMENTS PHASE III NORTH OF GLEN - OAK DRIVE IN CONNECTION WITH SUBDIVISION DEVELOPMENT, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 JaCom Builders, Inc., and Appraisal and Real Estate Services, Inc., providing for paying the City $28,000 as their share of storm sewer costs for Van Galen Drainage Improvements Phase III north of Glenoak Drive in connection with subdivision development, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to public con- venience and necessity to execute the aforesaid agreement for storm sewer costs, such finding of an emergency is made and declared requiring suspen- sion 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 this 17-11 day of September, 1981. ATTEST: ty Secretar MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ROV D: /►DAY OF SEPTEMBER, 1981 JC)6r e Aycock, C y Attorney 16557 MICROFILMED, SEP 2 71984 AGREEMENT THE STATE OF TEXAS T COUNTY OF NUECES X This Agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, Texas (party of the first part) hereinafter called "City" acting through its City Manager, R. Marvin Townsend; and JaCom Builders, Inc. and Appraisal & Real Estate Services, Inc., (parties of the second part) hereinafter called "Developers". WHEREAS, the Developers desire to develop 18.65 acres more or less out of Lots 25, 26, and 27, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, to be known as South Sea Islands, Unit 2 and generally located north of Glenoak Drive between Flour Bluff Drive and Waldron Road, as shown on Exhibit "A" attached hereto and made a part hereof and will be required to construct improvements as required by the Platting Ordinance, and WHEREAS, the City desires to construct certain drainage improvements to serve the Developers property and other adjacent areas; such improvements traversing Developers property, also as shown on Exhibit "A". NOW THEREFORE, the City and Developer agree as follows: 1. The City will construct an 8' x 4' Reinforced Concrete Box Culvert traversing Developers property as shown on Exhibit "A". This construction will be contracted for and financed by the City. 2. The drainage facility will be located within street rights of way or drainage easements to be dedicated by the Developers on the subdivision plat of the property. In the event that said subdivision plat is not filed within sixty (60) calendar days after completion and acceptance of the afore— said construction by the City, the Developers shall dedicate a drainage easement of sufficient width to the City by separate instrument. 3. The Developers agree to reimburse the City as its share of the above stated construction including engineering,the sum of Twenty Eight Thousand Dollars ($28,000.00). Such reimbursement shall be made by the Developer to the City prior to the award of a contract for the above stated construction or within sixty (60) calendar days from the date of this agreement whichever occurs first. 4. The Developers agree to construct the enclosed conduit storm drainage system for their subdivision of sufficient capacity to accomodate 6.0 acres more or less adjacent to their property as shown on the aforesaid Exhibit "A". The construction covered by this section shall be at no cost to the City. 5. 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 , 1981. ATTEST THE CITY OF CORPUS CHRISTI City Secretary APPROVED: day of J. BRUCE AYCOCK, TY A! ORNEY By , 1981 APP Assista.t C.iy .:pager THE STATE OF TEXAS I COUNTY OF NUECES I By R. Marvin Townsend, City Manager DEVELOPER: JaCom Builders, Inc. Appraisal & Real Estate Services, Inc. By Before me, the undersigned authority, on this day personally appeared 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 purposes and consideration therein expressed and in the capacity stated. • Given under my hand and seal of office this the day of , 1981. Notary Public in and for the State of Texas Agreement — South Sea Islands Unit 2 Page 2 THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN1OWNSEND , CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME 15 SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES ANO CONSIDERATION THEREIN £XPRESSE: AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 19 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -.�r.�ar�crr..../.►.c•►.l...c...J.tli.4-iw.li...-/.a�,-iiirdgz_ - a •u•DUS .D 1 i• >y D a " 805814 SST. OHa I .1 a dm... • TD010 D I;II i lika N. i�i� \ vicWo iiii iMAti ► i N .N ID 04000 LE • i %De Topers Property Mal Pr p. Box lCylvert r/.o/.4 Dr a At ea Boundary 'Ara to be drained t ough Developers Property AR.I l rd ae.-Existin ® Chappel r.r.��ii• 40. EXHIBIT "A" 10. II MTh. y SMSTDL..T 0. Corpus CChristi, T s 2-34aday of , 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, Council Members Respectfully, 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 1.655`