HomeMy WebLinkAbout17043 ORD - 05/19/1982;51.18-82
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH E. H. MOORE HOMES, INC., AND J -R BUILDERS, INC.,
PROVIDING FOR THE CITY TO REIMBURSE THE DEVELOPER FOR
ONE-HALF OF THE COST OF STREET CONSTRUCTION;
APPROPRIATING $7,746; AND DECLARING AN EMERGENCY.
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute an agreement with E. H. Moore Homes, Inc., and J -R builders, Inc.,
developers of Sugar Ridge Subdivision, Unit 1, providing for the City to
reimburse the developer for one half the cost of street construction around
the dedicated park in the subdivision, a copy of which agreement is attached
hereto and made a part hereof, marked Exhibit A.
SECTION 2. That there is hereby appropriated $7,746 out of the
No. 220 Street Bond Fund applicable to Project No. 220-77-62, Sugar Ridge
Subdivision, Unit 1, Park Paving Reimbursement.
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 aforementioned agreement so that the street construction
can proceed on a timely basis 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 tak effect upon first reading as an emergency measure this
the /17 day of , 1982:
ATTEST:
4;‘
C' Secretary
APPRO521
DAY OF 9
J. BRUCE AYCOCK, CITY ATTOR EY
ByrXrart_e+ty....AV
MAYOR
00°'
THE C Y OF CORPUS CHRISTI, TEXAS
In 043
SEP 28 1984
MICROFILMED
AGREEMENT
THE STATE OF TEXAS i
COUNTY OF NUECES
THIS AGREEMENT is entered into between the City of Corpus Christi,
hereinafter called "City", and E. H. Moore Homes, Inc. and J -R Builders, Inc.,
hereinafter called "Developer".
WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance,
Section IV, Subsection F, has dedicated a portion of Sugar Ridge, Unit I Sub-
division 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 Candy Ridge Road which bound the above
described dedicated park. The improvements will be constructed in accordance
with the plans and specifications approved by the Department of EnginAring
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 Seven Thousand Seven Hundred Forty Six and no/100 Dollars ($7,746.00).
The actual reimbursement will be adjusted according to the actual construction,
cost after completion of thework,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
44"
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heirs, successors and assigns from and after the date of execution.
EXECUTED IN DUPLICATE, this the
ATTEST
day of
THE CITY OF CORPUS CHRISTI
By
, 19 .
City Secretary Edward A. Martin,City Manager
APPROVED
day of
, 19 DEVELOPER:
J. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney E. H. Moore, President
E. H. Moore Homes, Inc.
APPROVED:
James K. Lontos, P.E.
Assistant City Manager
THE STATE OF TEXAS
COUNTY OF NUECES I
By
James R. Ewing, President
J -R Builders, Inc.
This instrument was acknowledged before me on , 19
by Edward A. Martin as City Manager of the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
THE STATE OF TEXAS
COUNTY OF NUECES
This instrumentwasacknowledged before me on , 19
by E. H. Moore as President of E. H. Moore Homes, Inc.
Notary Public in and for the State of Texas
THE STATE OF TEXAS
COUNTY OF NUECES I
This instrument was acknowledged before me on , 19
by James R. Ewing as President of J -R Builders, Inc.
Agreement -
E. H. Moore Homes, Inc.
& J—R. BuildPn Tnr
Notary Public in and for the State of Texas
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CONSTRUCTION COST ESTIMATE
PROJECT - Sugar Ridge - Park Participation
Item Descrlpqlon Quantity Unit Unit Price Amount
1. Clearing and Grubbing 0.30 Ac $125.00 $ 37.50
2. _Excavation 260 C.Y. . 1.60 . 416.00
3. 6" Compacted Caliche 618 S.Y. 3.50 • 988.80
4. Prime Coat 618 S.Y. 0.35 216.30
5. 3 Coarse Surface Treatment 618 S.Y. 3.00 1,854.00
6. 6" "L" Curb 309 L.F. 5.75 1,776.75
7. 4" Sidewalk 1,236 S.F. 1.55 1,915.80
CONSTRUCTION COST 7,205.15
+7.5% ENGINEERING 540.39
TOTAL CITY PARTICIPATION
EXHIBIT "B"
hh
$7,746.00
CITY OF OORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 11, 1982
I certify to the City Council that $ 7,746 , 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
Project No.
Project Name
No. 220 Street Bond Fund
220-77-62
Sugar Ridge Subdivision, Unit 1
Park Paving Reimbursement
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
19r,—
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,
Council Members
Respectfully,
MAYO
THE C 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
17043