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Home My WebLink About16784 ORD - 12/23/1981ml? ;12/21/81;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T&H DEVELOPMENT OF CORPUS CHRISTI, DEVELOPER OF CREEKWAY SUBDIVISION, WHICH PROVIDES FOR THE CITY OF CORPUS CHRISTI TO REIMBURSE THE DEVELOPER FOR THE CITY'S SHARE OF ADDITIONAL PAVEMENT SECTION ON EVERHART ROAD FROM CEDAR PASS DRIVE TO 880 FEET SOUTH, WHICH IS REQUIRED DUE TO HEAVY TRAFFIC FLOW, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO— PRIATING $23,807.01 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-56, EVERHART ROAD ADJACENT TO CREEKWAY SUBDIVISION, ADDITIONAL PAVEMENT; 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, which provides for the City of Corpus Christi to reimburse the developer for the City's share of additional pavement section on Everhart Road from Cedar Pass Drive to 880 feet south, which is required due to heavy traffic flow, a sub- stantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $23,807.01 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-56, Everhart Road adjacent to Creekway Subdivision, additional pavement. 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 con- tract so that installation of the sprinkler system at the Oso Golf Course 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 or resolutions at three regular 16 '781 SEP 2 81984 MICROFILMED meetings day so effect upon ATTEST: 4Ci 'Secr that this ordinance is passed and shall take first reading as an emergency measure this the of December, 1981: APPROVED: PV -44 DAY OF DECEMBER, 1981 Bruce Aycoc City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS COUNTY OF NUECES X X AGREEMENT This Agreement is entered into by and between the City of Corpus Christi Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City", and T & H Development of Corpus Christi, hereinafter referred to as "Developer", and pertains to the City's share of the cost for improvements as set forth in the Platting Ordinance and for improvements required by the City over and above those set forth in the Platting Ordinance for one-half the pavement section abutting city ;property in the development of Everhart Road, from Cedar Pass Drive to 880 feet south, as shown on the plat attached hereto, marked Exhibit "A". NOW THEREFORE, City and Developer agree as follows: 1. Developer will construct street improvements on and along Everhart Road, from Cedar Pass Drive to 880 feet south, with a 6" lime treated subgrade, and an 8" caliche base topped with 4" hot -mix asphaltic concrete, said construction to be contracted for and financed by Developer. 2. City agrees to reimburse Developer as its share of the cost of the above stated construction (including engineering at the rate of 7.5% of the construction cost), the sum of Twenty three thousand eight hundred and seven and 01/100 ($23,807.01) Dollars upon satisfactory completion and acceptance of the improvements by City, as shown by Exhibit "B" attached herewith. 3. Developer agrees to indemnify City against any and all claims arising out of the construction of the aforesaid improvements. EXECUTED IN DUPLICATE ORIGINALS, this the day of 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Ernest Briones, Acting City Manager APPROVED: day of , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By DEVELOPER: T & H DE LOPNENT OF CORS S CHRISTI Assistant City Attorney sistant ityfan.ge CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 8, 1981 I certify to the City Council that $23,807.01 , 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 No. 220 Street Bond Fund Project No. 220-77-56 Project Name Everhart Road Adjacent to Creekway Subdivision: Additional Pavement from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Alec.. .2, 3 , 195' FIN 2-55 Revised 7/31/69 THE STATE OF TEXAS COUNTY OF NUECES X 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- ment 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 consideration therein expressed. Given under my hand and seal of office, this the day of , 1981. Notary Public in and for the State of Texas 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 DEGENIFiER , 1981. COUNTY OF NUECES I e-ua-CLA6 Notary Itublic in and Tor the fM�OtsES i aE2 ok_ Texas 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 DE c_er e,E , 1981. day Notary"Pu is in and for the State 0 Tex Mots S EERE'Z.,JiZ, �J Agreement - Street Improvements; Creekway Subd. T & H Development of Corpus Christi Page 2 of.2 . STA. 0+00 CEO3R PASS DR STA 0+00 EVERHART PT STA T.G.. 23.58 II GB STA. I+81.98 TC.=23.25 G8 STA 2+07.98 T.G.+2325 L — GH° TC- G g STA 0+ 3998 TE .23 75 4a.6. STA 2+48'4 T.c = 22.47 PT' STA -+5D01 STA.1+79.72 DELWOOD ST. � TC 23.0. Gc T STA. 0+20.5 DE -WOOD HEGIN 2" HOT MI%� ,TA 3+50.01 EVERHART DR .TA. 01-00 DELWOOD ST STA 0+49.98 TC. 22.74 R+05.46 Tc 22.54 • $C STA 1+39 7c +22.97 5.0.9% Tc.= 22 15 G. 6- STA 2+ C.+22.67 17 5-72 PT STA 0+40 2i F! -r STP c - 22 2E PT. STA. 0+40 TC 23. 1 7 Tc 22.97 13 2' (COYYSTRUCT 1/7. OF EVERHART RD. SEE 51 -IT. 9 OF 13 FOR SECTION SfA. 8+ 80 EVERHART RD 1 25 STA —T. . 24,14 8 9 Tc 2 22 23 GB 34 2 - END G@G PAVEMENT STA. B+80 -C =29.gb EXt/8/T_ ;9 CONSTRUCTION COST ESTIMATE Project Creekway Subdivision Item Description Quantity Unit Unit Cost Total CITY SHARE EVERHART ROAD 1. Additional Cost to provide 3" Type B plus 1" Type D Hot Mix Asphaltic Concrete in lieu of 2" Hot Mix 2836 SY 3.94 11,173.84 2. Lime treated subgrade maximum 57. 3031 SY 3.62 10,972.22 TOTAL 22,146.06 7.5%. Engineering 1,660.95 TOTAL CITY PARTICIPATION 23,807.01 EXHIBIT "B" Corpus Christi, Texas • oTc day of Pyr 461 , 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 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 - 16781