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HomeMy WebLinkAbout17309 ORD - 10/20/1982AN ORDINANCE AUTHORIZING AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, FOR STREET IMPROVEMENTS ON BLOOMINGTON STREET; APPROPRIATING $9,461.18 FOR THE PROJECT; 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 authorized to execute an agreement with Nueces Development Company, developer of the Southbridge Unit III Subdivision, providing for street improvements on Bloomington Street between Southbridge Unit III and Molin'a Drive, a substantial copy of which agreement is attached hereto and made a part hereof marked Exhibit A. SECTION 2. That there is hereby appropriated $9,461.18 out of the No. 220 Street Bond Fund applicable to Project No. 220-77-69, Bloomington Street Improvements Project. 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 to take immediate action to preserve and protect public property by expediting the construction of public improvements, 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 take effect upon first reading as an emergency measure this the.04v day of October, 1982. ATTEST: City Secretary MAYOR THE C TY OF CORPUS CHRISTI, TEXAS APPR0VEDlt7AY OF OCTOBER, 1982 uce Aycock, ty Attorney 17309 MICROFILMEtl. gy 2 1984 AGREEMENT THE STATE OF TEXAS I COUNTY OF NUECES I THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter called "City" and Nueces Development Company, a Corporation, hereinafter called "Developer", and pertains to development of Southbridge Unit III Subdivision. WHEREAS, the City has requested that the Developer construct 168 linear feet of street improvements with curb, gutter and sidewalk on Bloomington Street between the eastern boundary of Southbridge Unit III and Molina Drive, said construction to be partially financed by assessments from the two adjacent property owners. NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer will construct the street improvements for and on behalf of the City on Bloomington Street between Southbridge Unit III and Molina Drive. The improveillents will be constructed in accordance with the plans and specifications approved by the Department of Engineering and Physical Development. This 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 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 Nine Thousand Four Hundred Sixty One and 18/100 Dollar ($9,461.18). The actual reimbursement will be adjusted according to the actual construction cost after completion of the work. 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. This 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 date of execution. 5. Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto and labeled Exhibit C. EXECUTED IN DUPLICATE originals this day of , 19 ATTEST: By THE CITY OF CORPUS CHRISTI City Secretary Edward A. Martin, City Manager APPROVED: //61:7 -7 -d -ay of J. BRUCE AYCOCK, CITY ATTORNEY BY Q /311t..4 -C. arb Assistant City-At,orner APPROVED: iilf „ e K. o o , P.E. ssistant City Manager STATE OF TEXAS COUNTY OF NUECES DEVELOPER: NUECES DEVELOPMENT COMPANY By Dana Bennett, President 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 STATE OF TEXAS I COUNTY OF NUECES 1 This instrument was acknowledged before me on 19 by DANA BENNET, President of Nueces Development Company, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas AGREEMENT Southbridge Unit III Page 2 of 2 .‘ SOUTHBRIDGE UNIT III 89-81010 CORPUS CHRISTI, NUECES COUNTY, TEXAS September 17, 1982 • BLOOMINGTON STREET OFFSITE PAVING IMPROVMENTS 1. 6" Curb & Gutter 2. 4' Sidewalk 3. 6" Caliche Base 4. 11/2" HMAC 5. Clearing & Grubbing 6. Excavation 336 LF $ 5.75 672 SF 1.60 672 SY 3.50 672 SY 3.70 0.23 AC 100.00 373 CY 2.50 $ 1,932.00 1,075.20 2,352.00 2,486.40 23.00 932.50 $ 8,801.10 71/2% Engineering 660.08 Total $ 9,461.18 Ekg/BIT 1/45" MOLINA azit/ Ca26, eirreg. t7R2544,As-/Z ============== _ - etOCK 14 r /*LINA Susavisrow /3-op0sed 5icletupik Gar MOZ/A/A 5‘.430/1/ASYCIN No. 2 r„v-"ExA5'i: 6/4964/ALx 310C/77 -46R/04 &VOER ocierNV/S/0 At CakA57724/C new) EXH/SOT CITY OF CORPUS CHRISTI, TOMS LEFUIFICATION OF FUNDS (City Charter Article IV Section 21) October 13, 1982 I certify to the City council that $9,461.18 , 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 No. 220 Street Bond Fund Project No. 220-77-69 Project Name Bloomington Street Improvements Project 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 dr -e#. Z/, 19 er4--- Corpus Christi, Texas day of (14‘.4.t, , 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, MAYOR THE CIT 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 V309