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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 -2- 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. -3- 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. -4- 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 -5- 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: -6- 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 -7- 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