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HomeMy WebLinkAbout16961 ORD - 03/24/1982AN ORDINANCE AUTHORIZING AN AGREEMENT WITH HENRY TUCKER CONCERNING REIMBURSEMENT FOR PARK IMPROVEMENTS TO AIRLINE PARK AND APPROPRIATING $53,812 FOR SAID REIMBURSEMENT; 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 Henry Tucker of Tucker Properties a Partnership, developers of Airline Park, Wooldridge Creek, Unit #2, whereby the City will reimburse the developer for the costs of construction of improvements to said park, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. That there is hereby appropriated the sum of $53,812 from the Park Trust Fund No. 111, unrestricted for construction costs applicable to Project No. 111-241.38 Airline Park. 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 for efficient administration of City affairs by authorizing the aforesaid agreement, 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 a d shall take effect upon first reading as an emergency measure this the day of March, 1982. ATTEST: C y Secretary APPROVED: DAY OF Alaitd.i, 1982: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS 16961 MICROFILMED 19%4 /51 AGREEMENT ' THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, Henry Tucker of Tucker Properties, hereinafter called Developer, in compliance with the Platting Ordinance of the City of Corpus Christi, Section IV, Subsection F., has previously dedicated a portion of Wooldridge Creek, Unit #2, for use as Parks and Playgrounds; and WHEREAS, City desires to exercise the option to cause Developer to improve the dedicated park area as provided for in said platting ordinance; NOW, THEREFORE, this agreement is entered into between the City of Corpus Christi and Developer: 1. Developer will construct improvements on Airline Park, Wooldridge Creek, Unit #2, in accordance with plans and specifications approved by Citr.s Park and Recreation Advisory Board. Said construction will include planting, landscaping, irrigation, construction of a basketball/multi purpose play slab, shelter, and play area with play equipment. The construction will be contracted for and financed by the Developer. 2. ^City and Developer shall make a final inspection of improvements to determine compliance with the approved plans and specifications. Should the construction not be carried out in conformance with approved plans and specifications, or subsequent change orders, those items not in conformance shall be replaced by the contractor to conform with the approval by the City at Developer's expense. 3. City agrees to reimburse the Developer for the cost of the above described construction, not to exceed FIFTY-THREE THOUSAND EIGHT HUNDRED TWELVE Dollars ($53,812). 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 park development construction, with payment due within thirty (30) days of final acceptance by the City. 4. The Developer agrees to indemnify the City against any claims arising as a result of this project. !Xi), "4 5. 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 daterof execution:. EXECUTED IN DUPLICATE, each of which shall be considered an original. this the day of March, 1982. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: day of 19 J. BRUCE AYCOCK, CITY ATTORNEY APPROVED: TUCKER PROPERTIES, A Partnership By Assistant City Manager Henry Tucker CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ $53,812 MARCH 17, 1982 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the city of Corpus Christi to the credit of: Fund No. and Name PARK TRUST FUND 111 , Project No. 111241.38 AIRLINE PARK,WOOLDRIDGE CREEK,UNIT #2 Project Name from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • 5i4P D rector of Financ ( 21-714.1.1.L4-1 Ma-ea4v--k— *44 as:R. 44_ 4'S13,,sva. a, 4, 04./—* • 64,..au FIN 2-55 Revised 7/31/69 4 ,...,.,, . , AIM iz 8 .2 ' " -9 Ri ,842 Corpus Christi, Texas .2y( day of , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it i$ introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE TY 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 16961