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Home My WebLink About16782 ORD - 12/23/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T&H DEVELOPMENT OF CORPUS CHRISTI, DEVELOPER OF CREEKWAY SUBDIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", WHICH PROVIDES FOR JOINT FUNDING OF THE "CREEKWAY BRIDGE" WHICH WILL CROSS THE 130 FOOT DRAINAGE RIGHT-OF-WAY AND DITCH ALONG THE EASTERN BOUNDARY OF THE CREEKWAY SUBDIVISION, AS MORE FULLY DESCRIBED IN EXHIBIT "A" WHICH ALSO PROVIDES FOR THE DEVELOPER TO DEPOSIT $16,071.43 INTO THE "CREEKWAY SUBDIVISION BRIDGE PROJECT"; APPROPRIATING $27,857.14 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF BRIDGE CONSTRUCTION APPLICABLE TO PROJECT NO. 220-77-57, CREEKWAY SUBDIVISION BRIDGE; 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 T&H Develop- ment of Corpus Christi, developer of Creekway Subdivision, a copy of which is attached hereto and made a part hereof, marked Exhibit "A", which provides for joint funding of the "Creekway Bridge". which will cross the 130 foot drainage right-of-way and ditch along the eastern boundary of the Creekway Subdivision, as more fully described in Exhibit "A", and which also provides for the developer to deposit $16,071.43 into the "Creekway Subdivision Bridge Project". SECTION 2. That there is hereby appropriated $27,857.14 out of the No. 220 Street Bond Fund for the City's share of bridge construction applicable to Project No. 220-77-57, Creekway Subdivision Bridge. 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 of executing the aforesaid agreement so that construction of the "Creekway Bridge" can begin at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances ��52 MICROFILMED SEP 2 81984 or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of December, 1981: ATTEST: APPROVED: 3 DAY OF DECEMBER, 1981 MA 9R Or THE CI Y OF CORPUS CHRISTI, TEXAS J. Bruce Aycock City Attotje THE STATE OF TEXAS 1 COUNTY OF NUECES 1 AGREEMENT This Agreement is entered into between the City of Corpus Christi, hereinafter called "City", and T & H Development, hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, proposes to plat a 25.27 acre tract of land at the southeast corner of Everhart Road and Cedar Pass Drive and proposed to be known as Creekway Subdivision; and WHEREAS, a portion of the "Developer's" land described above is situated adjacent to an existing 130 -foot drainage right-of-way and ditch which is located along the eastern boundary of said Creekway Subdivision; and WHEREAS, a requirement of the Platting Ordinance of the City obligates the "Developer" to construct a bridge across said 130 -foot drainage right-of- way and ditch as shown by Exhibit "A"; and WHEREAS, it is the'desire of the "Developer" to incur this obligation by depositing his share of the bridge construction and engineering costs into the "Special Creekway Bridge Fund" prior to the time that the above said proposed plat is filed for record, this amount being determined as the "Developer's" share as shown by Exhibit "B"; and WHEREAS, the "City" will incur their obligation by depositing the "City's" share towards the bridge construction and engineering costs, into the "Special Creekway Bridge Fund" at the time that this agreement is signed, this amount being determined as the "City's" share as shown by Exhibit "B". NOW THEREFORE, for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby covenant, and agree as follows: 1. "Developer" will deposit Sixteen thousand seventy one and 43/100 Dollars ($16,071.43) into the "Special Creekway Bridge Fund" prior to the time said plat is filed for record. This computation is shown on Exhibit "B". 2. "City" will deposit Twenty seven thousand eight hundred fifty seven ' and 14/100 Dollars ($27,857.14) into the "Special Creekway Bridge Fund" at the time that this agreement is signed. This computation is shown on Exhibit "B". 3. That the "City" will construct or cause to be constructed, said bridge at the time that the property adjacent to the eastern boundary line of proposed Creekway Subdivision and said 130 -foot drainage easement is platted and development commenced thereon. EXECUTED IN DUPLICATE originals this day of , 1981. ATTEST: CITY OF COPRUS CHRISTI City Secretary APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY , 1981 By Assistant City Attorney APPROVED: ssistant Cit M nager THE STATE OF TEXAS COUNTY OF NUECES I By Ernest Briones, Acting City Manager DEVELOPER: T & H DEVELOPMENT OF CORPUS CHRISTI By Maurice Hunsaker BEFORE ME, the undersigned authority, on this day personally appeared._ ERNEST BRIONES, known to me to be the Acting City Manager of the CITY OF CORPUS CHRISTI, TEXAS, and the same person who signed the foregoing instru- ments and acknowledged to me that he executed the same as the act of the CITY OF CORPUS CHRISTI, and as Acting 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 the State of Texas Agreement - Bridge; Creekway Subd. T & H Development Page 2 of 3 THE STATE OF TEXAS COUNTY OF NUECES Before me, a Notary Public, on this day personally appeared HENRY 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 purposes and consideration therein expressed. Given under my hand and seal of office this z, day of DECEYVI,MW - , 1981. THE STATE OF TEXAS I COUNTY OF NUECES X Notary Pub cin and for the State o exa S€.9 !R€Z, JQ . Before me, a Notary Public, on this day personally appeared MAURICE HUNSAKER, 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 purposes and consideration therein expressed. Given under my hand and seal of office this DICE nte,eR , 1981. . e�_osc ) Notary P .lie in and for the State MOIS PE2E2,J12 day of Agreement - Bridge; Creekway Subd. T & H Development Page 3 of 3 CONST nvCT 1/7. CEDER PASS• MATCH THE EX515TING CROW EL EV DAR PASS DRIVE T.0 = 22.64 PT STA. O+40 Tc. 22.44 9x.296:n:i^ 20 Et. i. 15+2 22.59 END( 5TA.I PC. STA. 0+40 T0 =22.1 Pc STA 0+40 5 PT 1+29.08 7 Cd LAcoD 5T •,6.EGG CIRCLE GB STA. 6.93 43 TC =21.74 10 0 P.C. STA Y.G.=2O 6Z STA. 7+3 72 O STA 0+99 OWEN 9 00 ST. 2O'QL. G EXISTING COi P.C. STA 2 P.T. STA. 3+19 STA. 12+ 2P. 7. STA. 3+59.81 G.EI STA. 3+68 TC. +?1'42 . PT 5 A. 3i-99.8 G E1 STA 3+94 -T.C. = 20.42. PC, T.C. 26.1 EXISTING DMT( Pc STA. 6+49.2 42 81.95.5 STA. 6+49.£ 21. I% 41 T.C.= 22.• 2- 4° 40 STA3r>•. 51 50 +63.8 PC STA. +5380 T.C.=21.46 N /1 12.66 TC =22 39 ENDG STA10+93.80 ENDCCG STA 10+- 8o T. 22.72 TC =2281 STA. 10 +93.80 Ek/115/-7- //4 /1 PROPOSED CREEKWAY BRIDGE COST ANALYSIS* * Analysis based on a design of three 4.5' x 9' concrete storm boxes. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL 1. Excavation 200 CY $ 5.00 $ 1,000 2. 28' B -B Street 110 LF 75.00 8,250 3. 4.5' x 9' Concrete Box 120 LF 250.00 30,000 4. Concrete Headwall 12.5 CY 450.00 5,625 5. Fill Material 373 CY 8.00 2,984 6. Guardrails 220 LF 30.00 6,600 SUBTOTAL $54,459 #8.5% Engineering 5,541 TOTAL $60,000 Developer Participation =1 x 15'/28' x $60,000 = $16,071.43 City Participation = 28' - 15' 28' , x $60,000 = $27,857.14 EXHIBIT "B" lJ CITY OF CORPUS C[R2ISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 9, 1981 I certify to the City Council that $27.857.14 , 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 220-77-57 Project Name Creekway Subdivision Bridge from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 0WANA... 23 . 19gri_ Director o man Corpus Christi, Texas :43 day of .eep.„2-72 , 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 The above ordinance was Luther- Jones Betty N. Turner Jack K. Dumphy Bob Gulley - Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky THE CITY OF CORPUS CHRISTI, TEXAS passed by the following vote: