The URL can be used to link to this page

Home My WebLink About16645 ORD - 11/04/1981It;il/02/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SUNGLO HOMES, INC., DEVELOPER OF TULOSO ESTATES SUBDIVISION, WHICH AUTHORIZES CITY PARTICIPATION IN CONSTRUCTION OF IMPROVEMENTS AROUND THE DEDICATED PARK IN THE SUBDIVISION ALONG TIMBERLINE DRIVE, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERE- TO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO- PRIATING $4,396.24 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-77-55, TULOSO ESTATES SUBDIVISION; AND DECLARIN3 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 Sunglo Homes, Inc., developer of Tuloso Estates Subdivision, which authorizes City participation in the construction of im- provements around the dedicated park in the subdivision along Timberline Drive, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. There there is hereby appropriated the sum of $4,396.24 out of the No. 220 Street Bond Fund, applicable to Project No. 220-77-55, Tuloso Estates 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 efficient administration of City affairs by the execution of the aforesaid agreement and appropriation of necessary sums to reimburse developer for cost of construction of street improvements abutting a dedicated public park, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolu- tions at three regular meetings so that this ordinance is pas ed and shall take effect upon first reading as an emergency measure this the day of November, 1981. ATTEST: AP. ED: /��• DAY OF NOVEMBER, 1981: J. BRUCE AYCOCK, CITY ATTORNEY THE CIT OF CORPUS CHRISTI, TEXAS 16645 vp n2.4 g u WFILMEi CITY OF CORPUS CHRISTI, TEXAS e- KATION OF FUNDS (City Charter Article IV Section 21) October 27, 1981 I certify to the City Council that $4.396.24 , the amount required for the contract, agreement, obligation or expenditures oontanplated 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_ 990 Street Rona Pond 220-77-55 Project Name Tolosa Estates Subdivision from which it is proposed to be drawn, and such Honey is not appropriated for any other purpose. c%, , 19 s/ V`1 r FIN 2-55 Revised 7/31/69 F1NAN(7c rrA4'RT1AENr r 1S 3 38 PN '81 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 7 THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Sunglo Homes, Incorporated, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section IV, Subsection F., has dedicated a portion of Tuloso Estates 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 Timberline Drive 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 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 Four thousand three hundred ninety six and 24/100 Dollars ($4,396.24). 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" against any claims arising as a result of this project. EK b �%f y 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 day of , 1981. ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary Ernest Briones, Acting City Manager APPROVED: Day of ,1981. J. BRUCE AYCOCK, CITY ATTORNEY BY Assistant City Attorney APPROVED: By DEVELOPER: SUNGLO HOMES, INCORPORATED Assistant City Manager ATTEST: By Secretary THE STATE OF TEXAS X COUNTY OF NUECES X Arnold Ehlert BEFORE ME, the undersigned authority, on this day personally appeared Ernest M. Briones-, Acting City Manager of the City of Corpus Christi, a Municipal Corporation, known to me to be the person and officer whose name is 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 and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of November, 1981. THE STATE OF TEXAS I COUNTY OF NUECES X NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS BEFORE NE,te uxiersigned authority, on this day personally appeared ARNOLD EHLERT, of Sunglo Homes, Incorporated, a Texas corporation, known to me to Be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said corporation for the purposes and consideration therein expressed and in the capacity therein stated. 1981. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Page 2 - AGREEMENT - Tuloso Estates; Park Reimbursement pRrtK if/1i-lvUeFs frtNT EXH/B/T gxHlsrr IA PRINCIPALS WILLIAM B.OGLETREE, P.E. JAMES E. GUNN, P.E. JOE H. BYRNE, P.E. NIXON M. WELSH, P.E. C. MICHAEL HUBNER ASSOCIATE DANA A. BENNETT, A.P.A. OGLETREE, GUNN, BYRNE, WELSH & HUBNER ENGINEERS AND PLANNERS October 9, 1981 TULOSO ESTATES PARK REIMBURSEMENT ESTIMATE (512) 883-7244 P.O. BOX 3551. ZIP 78404 2816 N. SHORELINE. CORPUS CHRISTI, TEXAS 89-79131 ITEM UNIT QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. -LF 136.47.-- — 6" Curb & Gutter $ 5.60 $ 764.23 2. SF 545.88 4' Sidewalk 1.55 846.11 3. SY 272.94 6" Caliche Base 3.40 928.00 4. SY 272.94 2" MAC 5.20 1,419.29 5. CY 76.0 Excavation 1.55 117.80 6. AC 0.094 Clearing & Grubbing 150.00 14.10 SUB -TOTAL $4,089.53 7-1/2% Engineering 306.71 TOTAL $4,396.24 Niton M. Welsh, P.E. 251 1 ext -1/j 3 Corpus Christi, Texas 91 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 CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther—Janes Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 18645