HomeMy WebLinkAbout16883 ORD - 02/17/1982AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH OAK HARBOR ASSOCIATES FOR COMPLETION OF A WATER
LINE IN OAK HARBOR ESTATES PURSUANT TO THE PLATTING
ORDINANCE, 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 enter into a contract with Oak Harbor Associates, developers of Oak
Harbor Estates, for completion of a water line in said Oak Harbor Estates
pursuant to the Platting Ordinance, all as more fully set forth in the
agreement, a substantial copy of which 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 emeruency due to the
need for efficient administration of City affairs by the execution of the
contract aforesaid, 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 ordi-
nance is passed and shall take effect upon first reading as an emergency
measure this the /7 day of February, 1982.
ATTEST:
Cit ecretary MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
/1074111<:11v---
DAY OF FEBRUARY, 1982:
J. BRUCE AYCOCK, CITY ATTORNEY
SEP .2 8 1984
MICROFILMED
16883
---RDT '5-th 2-16-82
CONTRACT AND ESCROW AGREEMENT
OAK HARBOR ESTATES
STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES 0
THIS Contract and Escrow Agreement (hereinafter referred to
as "Agreement") made and entered into by and among OAK HARBOR
ASSOCIATES, a Texas partnership composed of WAYNE A. LUNDQUIST,
JR., WALLACE E. DAVIS, JR., JAMES C. WALKER, and J. E. ANTONI,
all of Nueces County, Texas (hereinafter referred to as "Associ-
ates"), and CITY OF CORPUS CHRISTI (hereinafter referred to as
"City"), a Texas Home Rule Municipal corporation, and OTTO G.
KNIGHT and MARY F. KNIGHT,, of Nueces County, Texas (hereinafter
referred to as "Knight"), and such other lot owner participants
that join herein as provided, and the Trust Department, PARKDALE
BANK, having its offices in Corpus Christi, Nueces County, Texas,
as Escrow Agent (hereinafter referred to as "Agent");
W ITNESSETH:
WHEREAS, Associates did plat a 19.394 acre tract into twenty-
four (24) equal lots, Lot 1 through Lot 24, OAK HARBOR ESTATES, a
subdivision of the City of Corpus Christi, recorded at Volume 13,
Pages 17 and 18, Map Records of Nueces County, Texas, same having
been recorded on August llth, 1977 as Clerk's File No. 59496; and
pursuant thereto did file certain Deed Restrictions and Limitations
recorded as Clerk's File No. 37828, Volume 1594, Page 721, Deed
Records of Nueces County, Texas;
• WHEREAS, the City of Corpus Christi did grant the plat of
the hereinabove described property pursuant to certain conditions,
one of which was the apparent completion of a water plan at some
date subsequent to the filing of the plat;
WHEREAS, Associates by reason of the said conditions placed
upon it by the City did insert the following language in the
Restrictions and Limitations recorded as File No. 37828, Volume
1594, Page 721, Deed Records of Nueces County, Texas:
EX
"Water and gas lines: all lot owners existing as of the
date of start of construction of a water line or gas
line serving this subdivision shall share in the pay-
ment of the cost of same in the proportion that their
lot or lots bear to the total acreage in the complete
subdivision."
WHEREAS, the City of Corpus Christi has given notice to
Associates and current landowners that it shall and does require
the completion and installation of the water system improvements
or water line for Oak Harbor Estates;
WHEREAS, the City of Corpus Christi has agreed to perform
the construction of the water line and completion of the water
plan or improvements at a cost of $16,803.00;
WHEREAS, the current owners of the lots in Oak Harbor Estates,
a subdivision of the City of Corpus Christi, are listed below by
name relative to lots which they own;
WHEREAS, the above described Restrictions indicate that the
following current lot owners of Oak Harbor Estates are to share
in the payment of the cost of the said water line improvements in
proportion that their lot or lots bear to the total acreage in
the complete subdivision as follows:
Robert C. Seeds, Jr. and
wife, Brenda G. Seeds Lots 1 thru 6 $4,200.74
Christie Energy Co., Inc. Lots 7, 8 & 9 $2,100.38
Otto G. Knight and
wife, Mary F. Knight Lots 10, 11 & 12 $2,100.38
Frank F. Menefee and wife,
Marguerite A. Menefee
Edward J. Chandler and wife,
Barbara S. Chandler
William Reed Bulota and
wife, Z. Bulota
Lots 13, 14 & 15 $2,100.38
Lots 16, 17 & 18 $2,100..38
Lots 19 thru 24 $4,200.74
WHEREAS, City has issued a Temporary Certificate of Occupancy
for the KNIGHT residence located on Lots 10, 11 and 12, Oak
Harbor Estates, and will issue a Final Certificate of Occupancy
to KNIGHT pending the completion of the construction of the
hereinabove described water line or system;
WHEREAS, the parties hereto desire to enter into an Escrow
or Agency Agreement and have requested the Trust Department of
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Parkdale Bank of Corpus Christi to act as Agent for the receipt
of payments made pursuant hereto and the disbursement of the
funds to the City, or Associates, or Knight and other lot partic-
ipants in accord with the provisions of this Contract and Escrow
Agreement;
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, the receipt and sufficiencY of which
is expressly acknowledged, the parties do hereby agree as follows
and accordingly instruct Agent:
1. Within ten (10) days of the execution of this
Agreement by City, Associates and Knight,
Associates shall deposit in escrow with Agent
the sum of $14,702.62, and Knight shall deposit
in escrow with Agent the sum of $2,100.38, for
a total sum deposited by Associates and Knight
of $16,803.00. Upon escrow of said $16,803.00,
Associates shall immediately notify the remain-
ing Oak Harbor Estates lot owners of this
Agreement and request said other lot owners
participation herein. Participation by the
said lot owners shall require, within 30 days
of receipt of notice, execution by said lot
owners of a copy of this Agreement and ratifi-
cation hereof, and the deposit with Agent of
that sum hereinabove stated as their pro rata
portion of the expenses for the total installa-
tion. Subject to the 30 day notice, and upon
start of construction of the herein described
water line by City, Associates shall file a
cause of action against each nonparticipating
lot owner for failure to participate pro rata
in the cost of said line, and for damages sus-
tained thereby.
2. Agent shall notify the City upon receipt of
the total sum of $16,803.00. Within 30 days
after receipt of notice from Agent, City will
commence to install the Graham Road eight inch
water line pursuant to the heretofore filed
and approved installation plans and specifi-
cations now pn file with the City of Corpus
Christi.
3. Upon receipt by Agent from City Director of
Engineering and Physical Development of sworn
written verification of installation and
completion by the City of the said water
line, Agent shall pay to City the sum of
$16,803.00. Receipt of said $16,803.00 by
City shall constitute a release and discharge
of Associates, Knight, and any participating
lot owners herein from any further claim or
cause of action of City arising from or
related to the installation of the herein
described water line or system and shall
constitute a ratification of the heretofore
recorded Oak Harbor Estates plat.
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4. Agent agrees to receive funds paid by said
participating lot owners in the amounts here
above noted, keeping accurate records as to
date of receipt and amount of funds deposited
by said lot owner, as well as identification
of that lot owner making the deposit with
Agent. All funds deposited with Agent shall
be maintained by Agent in a federally insured
interest bearing account or accounts in
Parkdale Bank, and interest earned on the
funds deposited by the respective parties or
lot owners shall be allocated to and paid to
that respective lot owner or party upon
disbursement or refund of deposited funds as
provided herein. After disbursement or
refund, as the case may be, of funds to City
and Knight and other participating lot owners
pursuant to the provisions hereof, the bal-
ance remaining in escrow (after deduction by
Agent of its fee) shall be paid to Wayne A.
Lundquist, Jr. as Trustee for Associates.
5. Otto G. Knight and other lot owner partici-
pants who join herein by timely written
ratification and required deposit do hereby
assign, and agree to assign, to Associates
any cause of action which they may have
arising from the aforesaid Restrictions and
Limitations of Oak Harbor relating to the
expense or installation of the water line or
water line improvements, and their rights at
equity or law as arise from or relates to the
payment or non-payment by one or more of the
Oak Harbor Estates lot owners of the expense
of the hereinabove described water line which
is to be paid by said lot owners in the
proportion that that respective lot (or lot
owner) bears to the total acreage of the
complete Oak Harbor Estates Subdivision. It
is the intent of this Assignment that Associates
obtain reimbursement for Associates' payment
of the construction expense for the herein
described water line from those lot owners
that refuse or fail to pay their respective
pro rata portion of the total expense as
herein described. This Assignment is con-
ditional and revokable by operation of law
as herein below provided.
6. In the event City fails to initiate construc-
tion of the herein described water line within
thirty (30) days, or fails to complete con-
struction of the water line within six (6)
months after initiation of construction, Agent
shall refund all funds deposited pursuant to
this Agreement with Agent to the parties
making the deposit and the foregoing Assignment
by Knight and participating lot owners shall be
revoked by operation of law. In the event of a
refund pursuant to this paragraph, any interest
earned on the funds deposited by the respective
parties or lot owners shall be allocated to and
paid to that respective lot owner or party.
Delays due to weather or other causes not
within the control of City shall toll the time
limitations in this paragraph.
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7. All parties to this Agreement expressly
acknowledge that this is a compromise of a
disputed claim or claims, and that nothing
contained herein shall be construed as an
admission of fact or liability by or on
behalf of any party hereto, all such liabil-
ity being expressly denied. In the event
City fails to timely install the herein
described water line, this Agreement shall be
void and of no force or effect, save and
except the obligations of Agent as to refunds
to the respective parties.
8. The Agent shall act solely as the recipient for
payments made pursuant to the terms hereof and
shall make disbursement of such funds for the
parties hereto and shall have no further respon-
sibility or obligation, save and except those
provisions relative to the receipt and disburse-
ment of funds as herein provided.
9. It is further agreed by the parties that:
(a) The Agent shall not be obligated to
inquire as to the identity, authority,
or rights of any parties proporting to
act for Associates, Knight, or City; and
(b) In the event of conflicting demands upon
Agent, it will withhold performance under
these instructions until such conflicting
demands are withdrawn or until the rights of
the respective parties shall have been
settled by mutual agreement of the parties or
court of competent jurisdiction or otherwise.
10. The Agent may resign as Agent for collection under
this Agreement by placing in the mail, postage
prepaid, a written notice to the parties hereof,
at least 60 days prior to the effective date of
such resignation, and the designation by parties
hereto of a mutually satisfactory substitute for
the Agent.
11. Agent will not be liable for any depreciation or
change in the value of funds reasonably held pur-
suant to this Agreement.
12. Agent will be entitled to rely on any written
notice, demand, certificate or document which
Agent believes in good faith to be genuine.
13. Agent will not be liable for any act or thing
done or caused to be done pursuant to or per-
taining to these instructions, except for gross
negligence or willful misconduct, nor shall
Agent be liable due to the performance or non-
performance by Associates, City, or Knight.
14. Agent shall be paid by Associates for services and
expenses relative hereto at such reasonable fee as
is agreed to by Agent and Associates.
IN WITNESS WHEREOF, this Agreement has been executed by the
respective parties on the date indicated, and shall be effective
- _
upon the date of the last of City, Knight and Associates executing
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J
same. It is agreed that this Agreement may be executed in one or
more counterparts, and joined by execution which shoji serve as
an adoption and ratification hereof, and each such executed copy
will be equally binding upon said party or lot owner, if executed
in counterparts, or in this one instrument.
CITY OF CORPUS CHRISTI
Date: By:
ATTEST:
City Secretary
Approved as to legal form this
day of February, 1982.
City Attorney
Date:
Date:
Date:
Date:
Date:
Date:
City Manager
OAK HARBOR ASSOCIATES
By:
WAYNE A. LUNDQUIST, JR.,
Trustee and Partner
, WALLACE DAVIS, JR., Partner
JAMES C. WALKER, Partner
J. E. ANTONI, Partner
OTTO G. KNIGHT
MARY F. KNIGHT
AGENT: PARKDALE BANK of Corpus
Christi, Trust Department
Date: By:
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Senior Trust Officer
Date:
Date:
*Date:
Date:
Date:
JOINED, RATIFIED AND CONFIRMED
ROBERT C. SEEDS, JR.
BRENDA G. SEEDS
CHRISTIE ENERGY CO., INC:
By:
, President
FRANK F. MENEFEE
MARGUERITE A. MENEFEE
EDWARD J. CHANDLER
BARBARA S. CHANDLER
WILLIAM REED BULOTA
Z. BULOTA
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Corpus Christi, Texas
day of , 1982
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; 1/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
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
_
Corpus Christi, T as
/1 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; 1/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,
Councll Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the fol wing vote:
LutheFJEines
Betty N. Turner
Jack K. Dumphy
Bob Gulley -
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16883
That the foregoing ordinance was read for
--second reading on this the /0 day o
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
irst timed passed to its
, by the
That the foregoing ordinance was read for
third reading on this the -day of
following vote:
the second
time and passed to its
,19 , by the .
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for the third time and passed finally
on this the day of 19 , by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the day of , 19
ATTEST:
City Secretary
APPROVED:
DAY OF
,19 :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
MAYOR
THE my OF CORPUS CHRISTI, TEXAS