HomeMy WebLinkAbout18492 ORD - 10/02/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER,
PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION
OF THE LAKES UNIT 4 FOR CERTAIN IMPROVEMENTS INCLUDING PARK
PAVING ON OSO PARKWAY; APPROPRIATING $93,537.22; 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 Henry Tucker, developer of The Lakes Unit 4 Subdivision,
providing for the City's participation in development of a portion of The Lakes
Unit 4 for certain improvements including park paving on Oso Parkway which
bounds the dedicated park, a copy of which agreement is attached hereto and made
a part hereof marked Exhibit "A".
SECTION 2. That there is hereby appropriated $93,537.22 from the
No. 220 Street Bond Fund.
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 2nd day of October, 1984.
ATTEST:
y Secretary MAYOR
APPROVED: OA -DAY OF OCTOBER, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assista
tt Atto f
18492
THE CITY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS §
COUNTY OF NUECES §
AGREEMENT
KNOW ALL BY THESE PRESENTS:
This Agreement is entered into between the City of Corpus Christi,
Texas, hereinafter called "City", Henry Tucker, hereinafter called "Developer".
WHEREAS, the "Developer" in compliance with the "City's" Platting
Ordinance, Section IV, Subsection F., has dedicated a portion of The Lakes
Unit 4 for use as Parks and Playgrounds; and
NOW THEREFORE, the "City" and "Developer" agree as follows:
1. The "Developer" will construct certain improvements for and on
behalf of the "City" including pavement on Oso Parkway, which bounds the above
described dedicated park. The improvements will be constructed in accordance
with the plans and specifications approved by the Department of Engineering.
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 Ninety Three Thousand Five Hundred Thirty-seven and 22/100 Dollars
($93,537.22). The actual reimbursement will be adjusted according to the actual
construction cost after completion of the work, but in no event shall 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 and forever save harmless the
"City", its officers, agents, and employees, for any and all lawsuits, claims,
damages, liabilities, losses, and expenses (including court costs, attorneys
fees, and expert witness fees) for or on account of any injury to any person, or
death at any time resulting from such injury, or damage to any property, which
may arise or which may be alleged to have arisen out of or in connection with
any activity by "Developer", its agents, employees, or independent contractors
pursuant to this agreement.
4. The "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".
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 date of execution.
EXECUTED IN DUPLICATE, this the day of , 1984.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By:
City Secretary Edward A. Martin, City Manager
APPROVED:
DAY OF , 1984:
J. BRUCE AYCOCK, CITY ATTORNEY
By: By:
Assistant City Attorney James K. Lontos, P.E.
Assistant City Manager
ATTEST: DEVELOPER:
By:
THE STATE OF TEXAS §
COUNTY OF NUECES §
Henry Tucker
This instrument was acknowledged before me on
1984 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas.
Notary Public, State of Texas
Nueces County
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
1984 by Henry Tucker.
Notary Public, State of Texas
Nueces County
May Commission expires:
CITY OF CORPUS CHRISTI, TSS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
September 25, 1984
I certify to the City Council that $ 93,537.22 , 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.
Project Nam
220-84-9
The Lakes Unit 4 Park Paving
fr n which it is proposed to be drawn, and such Honey is not appropriated for any
other purpose.
FIN 2-55
Revised 7/31/69
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071 day of 4�P�o-�.w , 198'
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; I/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,
MAYOR
Council Members
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr. n (,-
n
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
18492