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Home My WebLink About16785 ORD - 12/23/1981sp;12/18/81;lst AN 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", PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPER FOR ONE-HALF THE COSTS OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN CREEKWAY SUBDIVISION WHICH IS BOUND- ED BY PRAIRIE DRIVE, ALL IN ACCORDANCE WITH THE CITY'S PLATTING ORDINANCE; APPROPRIATING $13,352.61 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-55, CREEKWAY SUBDIVISION; 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 Development of Corpus Christi, developer of Creekway Subdivision, a copy of which is attached hereto and made a part hereof, marked Exhibit "A", providing for the City to reimburse the devel- oper for one-half the costs of street improvements around the dedicated park in Creekway Subdivision which is bounded by Prairie Drive, all in accordance with the City's Platting Ordinance. SECTION 2. That there is hereby appropriated $13,352.61 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-55, Creekway 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 of executing the aforesaid agreement so that the developer can be reimbursed for one-half the costs of street improvements in the Creekway Subdivision at the earliest possible 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 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: 15/.f.ee C' y Secretary APPROVED: 2.-5 DAY OF DECEMBER, 1981 J. Bruce Ay ck, Cit Attorney MAYOR THE C ¥ F CORPUS CHRISTI, TEXAS 16785 SEP 2 81984 MICROF_ILMER AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES I 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, Section IV, Subsection F., has dedicated a portion of Creekway Subdivision, Block 3, Lot 1 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 Prairie Drive which bounds 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 Thirteen thousand, three hundred fifty two and 61/100 Dollars ($13,352.61). 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. 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 Brioner, Acting City Manager APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 1981 Assistant City Attorney DEVELOPER: T & H DEVELOPMENT OF CORPUS CHRISTI B 1 uc er THE STATE OF TEXAS X COUNTY OF NUECES X aurice 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 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 Agreement - City Park Participation; Creekway Subd. T & H Development of Corpus Christi Page 2 of 3 THE STATE OF TEXAS X 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 TDECE.MF3Ei 9TA 11.73 39 CEDAR PASS DR. STA. 0.00 PRAIRIE DR P STA 11+33.39 C. ZZ 4' T 5TA 0+40 C 22.44 {tis PT STA 12t1939 TC•22.3 STA. 13+34 Tc = 22.54 END C!G c PAVEMENT , 5TA.13.31.09 Pc. SYA.O+40 Y.0 = 22.1 PT. 1+29.08 EXISTING CONG. RIP. RAP PC. STA. 2+30.73 PC. STA - -CC.=ZO G2. P.T. STA. 3+8.81 G STA. 12+33.75 DELWOOD 5T. STA 3+89.81 PRAIRIE DR. G5 STA. 3+6,851 TC.. 20.42 5-a a / ,72 O NA 3+49 81 3 8 STA 3+94.31 .T.c. = 2OA2 EXISTING OITCH P.C. STA. 6+43.81 STA. 6+49 81 T.C.=21.19 5T 6+93 0 I +R 5=Q3T PT STA •7+12.46 T.C.=21.46 PT. -.TA 9+33.6 TC •2216 3 STA.IO+9 81 46 STA.10+9380 T.C. 22.72 51.A, 10+93.80 M. R: POLE 14 OP INTE_ CEDAR R NOTE: ALL CUR; E3E 6.. L. EXISTING DIRT STOCKPILE CAPPROO 5500, C..Y) T1413 MATER \AL SHALL 8E USED THE. SUSCHVIS17.• AND 5 IPAIOLL OFOR AS EXCAVP- _EXwie/T, _,4 CONSTRUCTION COST ESTIMATE Project Creekway Subdivision ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL' CITY PARK PARTICIPATION 1. Clearing and Grubbing 0.26 AC 50.00 13.00 2. Excavation 762 SY 1.35 1,028.70 3. 6" Compacted Caliche Base 762 SY 3.10 2,362.20 4. Prime Coat 762 SY 0.30 228.60 5. 2" Hot Mix 762 SY 4.46 3,398.52 6. 6" L Curb 332 LF 5.60 1,859.20 7. 4' Wide Sidewalk 1304 SF 1.62 2,112.48 8. 8" VCP (6-8' Cut) 125 LF 6.11 763.75 9. 8" VCP (4-6' Cut) 49 LF 5.92 290.08 10. 8" DIP 18 LF 20.25 364.50 TOTAL 12,421.03 7.5% Engineering 931.58 TOTAL CITY PARTICIPATION 13,352.61 EXHIBIT "B" CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 8, 1981 I certify to the City Council that $ 13,352.61 , 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 N. and Name Project No. No. 220 Street Bond Fund 220-77-58 Project Name Creekway Subdivision from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 6gpiotofrectornan nce FIN 2-55 Revised 7/31/69 Corpus Christi, Texas 07.6 day of Pe.y7,2 407, 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 MAYO THE C TY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the followin. vote: Luther=Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16785