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.
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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 $ $53,812
MARCH 17, 1982
, the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the city of Corpus Christi
to the credit of:
Fund No. and Name PARK TRUST FUND 111
,
Project No. 111241.38
AIRLINE PARK,WOOLDRIDGE CREEK,UNIT #2
Project Name
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. â˘
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Corpus Christi, Texas
.2y( day of
, 1982
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it i$
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