The URL can be used to link to this page

Home My WebLink About18874 ORD - 06/11/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SECOND BAPTIST CHURCH FOR THE CITY'S SHARE OF CONSTRUCTION AND TESTING COSTS FOR STREET IMPROVEMENTS ON TIMBERGATE DRIVE IN CONJUNCTION WITH THE DEVELOPMENT OF CROSSGATE ANNEX; APPROPRIATING $21,500; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with Second Baptist Church providing for the City's share of construction and testing costs for street improvements on Timbergate Drive in conjunction with the development of Crossgate Annex all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $21,500 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 of executing the abovementioned agreement at the earliest practicable date, 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 llth day of June, 1985. ATTEST: City Secretary APPROVED: OF JUNE, 1985 McTenodson, Assis ant City Attorney 03P.004.01 MAYOR THE C Y OF CORPUS CHRISTI, TEXAS 18874 .MICROFILMED AGREEMENT THE STATE OF TEXAS T COUNTY OF NUECES X THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and the Second Baptist Church, hereinafter called • "Owner", and pertains to construction of street improvements on Timbergate Drive in conjunction with the development of Crossgate Annex, Lot 1, Block 1, a 5.64 acre proposed Plat at the southwest corner of South Staples Street and Timbergate Drive as shown on Exhibit "A". WHEREAS, the "Owner" is obligated by the Platting Ordinance to construct the southern one half of Timbergate.Drive adjacent to this development; and WHEREAS, under conditions of the Platting Ordinance, the northern half of Timbergate Drive would ordinarily not be constructed until such time as the tract adjacent to the north side of Timbergate applied for development and Platting; and WHEREAS, both the "City" and "Owner" desire that the full width street im- provements be constructed (40 feet back of curb) Drive; for this section of Timbergate NOW, THEREFORE, the "City" and "Owner" agree as follows: 1. The "Owner" will finance and construct, or cause to be constructed the full width, 40 feet to back of curb section of Timbergate Drive adjacent to the subject tract, approximately 640 feet in length, as shown on Exhibit "A". 2. The "City" will contact the owner of the tract of land adjacent to the northern half of this portion of Timbergate to give the owner the opportunity to participate voluntarily in the cost of construction of the northern one half of 'the proposed 40 foot back of curb to back of curb street section. If the northern pro- perty owner does not participate voluntarily the "City" will assess the property for AGREEMENT Crossgate Annex Page 1 of 4 yg the costs in accordance with the current paving assessment policy. 3. The "City" will reimburse the "Owner" for one half the street pavement and curb costs, plus 71/2% engineering. Said cost is estimated to be Nineteen Thousand Five Hundred Dollars ($19,500.00). Reimbursement will not include the cost of sidewalk or storm sewer improvements. The actual reimbursement amount may be adjusted according to the actual construction cost after completion of the work. The "City's" reimbursement to the "Owner" will be made after completion and accep- tance of the improvements and upon receipt of certification of the actual construc- tion costs by the Engineer. 4. The "City" will issue a foundation permit to allow the "Owner" to begin the building construction when the "Owner" submits evidence that a contract has been awarded for construction of the street and waterline improvements on Timbergate Drive. 5. The "Owner" agrees to indemnify the "_City" against any claims arising as a result of this project. -6. This Agreement shall be executed in duplicate, both of which shall be. considered one instrument. When both of the duplicates have been executed by the "City", and at least one duplicate has been executed by the "Owner", this Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors and -assigns. EXECUTED IN DUPLICATE originals this day of 1985. ATTEST: City Secretary AGREEMENT Crossgate Annex Page.2 of 4 THE CITY OF CORPUS CHRISTI By Edward A. Martin, City Manager APPROVED: day of , 19 OWNER J. BRUCE AYCOCK, CITY ATTORNEY By By APPROVED: By A.R. James, Trustee Second Baptist Church By Charles Carter, Trustee Second Baptist Church By James K. Lontos, P.E. Henry McMahan, Trustee Assistant City Manager Second Baptist Church THE STATE OF TEXAS X COUNTY OF NUECES This instrument was acknowledged before me on , 19 , by Edward A. Martin, City Manager for the City of Corpus Christi, Texas. Notary Public in and for the State of Texas THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 19`, by A.R. James, Trustee for Second Baptist Church. Notary Public in and for the State of Texas THE STATE OF TEXAS X COUNTY OF NUECES X s This instrument was acknowledged before me on , 19 , by Charles Carter, Trustee for Second Baptist Church. AGREEMENT Crossgate Annex Page 3 of 4 Notary Public in and for the State of Texas -- THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 19 by Henry McMahan, Trustee for Second Baptist Church. Notary Public in and for the State of Texas AGREEMENT Crossgate Annex Page 4 of 4 • ots ULTIMATE 60 FOOT RIGHT OF WAY EXISTING 40 FOOT RIGHT OF WAY AND \ROPOSED 40 FOOT BACK OF CURB TO BACK OF CURB. STREET EXHIBIT •A' • QTY OF CORPUS CHRISTI, TIX4S CNRTIFICILTICN OF FUNDS (City Charter Article P1 Section 21) May 29, 1985 I certify to the City Council that $ 21, 500.00 , 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. 220-85-3.1 Project Name Timbernate Drive Improvements fmu which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 (7 J efr Revised 7/31/69 (2/1/g • Corpus Christi, Te s day of 1� , 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, YOR Council Members THE C rOF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 18874