The URL can be used to link to this page

Home My WebLink About10567 ORD - 11/17/1971a AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CORPUS CHRISTI SAVINGS A14D LOAN ASSOCIATION, DEVELOPERS OF SANDY OAKS SUBDIVISION, BY THE TERMS OF WHICH AGREEMENT THE CITY WOULD PURCHASE FROM SAID CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION FOR THE AMOUNT OF $110,532.62, THE EXTENSION OF SANITARY SEWER LINES ALONG CARIBBEAN AND WALDRON ROAD IN ACCORDANCE WITH THE TERMS OF THE.PLATTING ORDINANCE; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $1+3,369.9o, OF WHICH AMOUNT $1+0,532.62 IS TO PAY THE SAID DEVELOPER AND $2,837 IS TO PAY URBAN ENGI- NEERING FOR ENGINEERING SERVICES RELATED TO THE AFORESAID 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, AND HE IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREE- MENT WITH CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION, DEVELOPERS OF SANDY OAKS SUBDIVISION, BY THE TERMS OF WHICH AGREEMENT THE CITY WILL PURCHASE FROM SAID CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION FOR THE AMOUNT OF $110,532.62 THE EXTENSION OF SANITARY SEWER LINES ALONG CARIBBEAN AND WALDRON ROAD TO SERVE THE SANDY OAKS SUBDIVISION IN ACCORDANCE WITH THE TERMS OF THE PLATTING ORDINANCE, AND AS MORE FULLY SET FORTH IN THE AGREEMENT BETWEEN THE PARTIES HERETO, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A". SECTION 2. 1T�HERE IS HEREBY APPROPRIATED OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $1+3,369.90, OF WHICH AMOUNT $110,532.62 IS TO MAKE THE AFORE- SAID PURCHASE FROM THE DEVELOPER AND $2,837 IS TO PURCHASE ENGINEERING SERVICES RELATED TO THE AFORESAID PROJECT FROM URBAN ENGINEERING. SECTION 3. THE NECESSITY TO AUTHORIZE THE HEREINABOVE DESCRIBED AGREEMENT AND TO APPROPRIATE THE NECESSARY FUNDS SO THAT THE PROJECT MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND 10567 BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF NOVEMBER, 1971. ATTES c CITY SECR TA APPROVED: *'DAY OF NOVEMBER, 1971: C Y ATTORNEY O n MAYOR THE CITY OF C U CHRISTI, TEXAS PURCHASE CONTRACT THE STATE OF TEXAS ) COUNTY OF NUECES ) THIS AGREEMENT IS ENTERED INTO BETWEEN THE OWNERS OF SANDY OAKS SUB- DIVISION IN THE CITY OF CORPUS CHRISTI, TEXAS (CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION), REFERRED TO AS "DEVELOPERS", AND THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, REFERRED TO AS "CITY". WHEREAS, THE DEVELOPERS DESIRE TO pDEVELOP IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OF CORPUS CHRISTI A 2V TRACT AREA KNOWN AS SANDY OAKS SUBDIVISIONS AND WHEREAS, THE DEVELOPMENT OF THIS TRACT WILL REQUIRE THE EXTENSION OF SANITARY SEWERS ALONG CARIBBEAN DRIVE AND WALDRON ROAD AS SHOWN ON THE ATTACHED EXHIBIT MADE A PART HEREOF; AND WHEREAS, THE CITY, IN ORDER TO MAKE THIS SANITARY SEWER AVAILABLE TO OTHER PROPERTIES WHICH ARE IN NEED OF IMMEDIATE SERVICE IN THE AREA, DESIRES TO PURCHASE THIS EXTENSION; AND WHEREAS, THE DEVELOPER HAS TAKEN COMPETITIVE BIDS AND CHAPMAN CONSTRUC- TION COMPANY HAS SUBMITTED SUCH LOW BID, AND IN THE PREPARATION, BID INVITATION, OPENING AND AWARD THE CITY HAS NO PART WHATEVER; AND WHEREAS, THE DEPARTMENT OF ENGINEERING SERVICES HAS REVIEWED THE PLANS FOR SAID SANITARY SEWER WORK AS PREPARED BY URBAN ENGINEERING COMPANY, AND FINDS THE PLANS AND SPECIFICATIONS FOR THIS WORK ACCEPTABLE AND IN ACCORDANCE WITH THE MASTER SANITARY SEWER PLAN FOR THE AREA; AND WHEREAS, THE TOTAL COST OF CONSTRUCTION OF THE EXTENSION COVERED BY THIS CONTRACT WILL BE SUBSTANTIALLY ABOVE THE SUMS HEREINAFTER PROVIDED TO BE PAID BY THE CITY FOR THE PURCHASE OF SAID EXTENSION,UNDER THE TERMS AND CONDITIONS HEREINAFTER PROVIDED; W I T N E S S E T H: 1. THE DEVELOPER OF SANDY OAKS SUBDIVISION INTENDS TO CONTRACT AND PAY FOR AND MAY CAUSE TO BE CONSTRUCTED A TWELVE INCH (12") DIAMETER VITRIFIED CLAY SANITARY SEWER LINE FROM POINT A, SHOWN ON ATTACHED EXHIBIT A, TO THE INTER- SECTION OF CARIBBEAN DRIVE AND WALDRON ROAD. FROM THE INTERSECTION OF CARIBBEAN DRIVE AND WALDRON ROAD TO POINT C, THE DEVELOPER INTENDS TO INSTALL A TEN INCH (10 ") DIAMETER VITRIFIED CLAY SANITARY SEWER LINE. MANHOLD SPACING WILL BE AS PER CITY REQUIREMENTS. PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION CONTRACT SHALL BE APPROVED BY THE CITY AND INSPECTION WILL ALSO BE PROVIDED BY THE CITY. 2. UPON SATISFACTORY COMPLETION OF THE PROJECT AND ACCEPTANCE BY THE CITY, THE CITY AGREES TO PAY THE DEVELOPER IN THE EVENT THE DEVELOPER COMPLETES SAID PROJECT A LUMP SUM AMOUNT NOT TO EXCEED $110,532.64 AS PAYMENT IN FULL FOR THE PURCHASE OF THE PROJECT. THIS AMOUNT ESTIMATED AS FOLLOWS: O A) CITY'S COST OF LINES FROM A TO B (8 ") $28,375.00 B) 8 /36THS OF REMAINING COST ($49,208.85) = 10,825.94 C) SIZE INCREASE DIFFERENTIAL FROM 10" TO 12" (1930 L.F. AT ($o.6o)(15% OF 6o /) = 1,331.70 TOTAL CITY COST $40,532.64 3. THE CITY ALSO AGREES TO PAY THE FIRM OF URBAN ENGINEERING COMPANY, A FEE OF 7% OF THE CITY'S COST OF PURCHASING THESE IMPROVEMENTS OR AN AMOUNT NOT, TO EXCEED $2,837.28. 4. IT IS FURTHER AGREED BY THE DEVELOPER THAT THE CITY'S PARTICIPATION IN THIS LINE WILL BE LIMITED TO THE AMOUNT AGREED ABOVE AND NO FURTHER PRO RATA REIMBURSEMENTS WILL BE MADE TO THE DEVELOPER IN-THE FUTURE FOR THIS EXTENSION. 5. IT IS EXPRESSLY UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO THAT THE DEVELOPER HAS NO RIGHT OR TITLE IN THE ROADWAY WHEREIN THIS PROJECT IS CON- TEMPLATED TO BE BUILT, BUT THAT THE ROADWAY IS CITY PROPERTY AND THE DEVELOPER . MERELY HOLDS A CONSTRUCTION PERMIT FROM THE CITY FOR THE PURPOSE OF PURSUING THE PROJECT CONTEMPLATED IN THIS CONTRACT. IF AND WHEN THE DEVELOPER BEGINS THE PROJECT AND UPON SATISFACTORY COMPLETION THEREOF, AND CONTEMPORANEOUS WITH THE CITY'S PURCHASE OF SAID PROJECT, THE DEVELOPER AGREES TO CONVEY, DEDICATE AND TURN OVER THE PROJECT INCLUDING THE LINE, FIXTURES AND APPURTENANCES THEREUNTO APPERTAINING TO THE CITY AND THE CITY, AFTER THE PROJECT HAS PASSED INSPECTION, AGREES TO ACCEPT SAME, MAINTAIN AND SERVICE THE PROJECT. ' WITNESS OUR HAND IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS THE DAY OF , 1971. -2- ATTEST: CITY SECRETARY APPROVED: ZZ- DA OF rile : , 1971: i CI;)/ATTORNEY ATTEST: SECRETARY THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND, CITY MANAGER CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION BY PRESIDENT BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ' PRESIDENT OF CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE- GOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATED, AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Npt CCJ �'O ✓nry I PrirR • Rd. �_ 1 JdP CJ O CAPRI E D w U S • /r w• ?� 4 ACRE " SUBDIVISI II` Its r J • NEWPORT DR ` 0 ,[ u 28 Ac• r ww ISLANDER ' J wP. S Od•' ' / f [ D E. Rsinr 1. ✓ /✓ � iv: O CAi ✓..C. MPP ✓ . veto 4 ACRES SANTA NA :•:•#�tl:,tt; 28 ACRES s ,f J _ PROPOSED 12" V.C.P. W:LOROA s J I ?� 4 ACRE II` Its ` 0 Ilm ' J wP. S Od•' ' / f [ D E. Rsinr 1. ✓ /✓ � iv: O CAi ✓..C. MPP ✓ . PROPOSED 12" V.C.P. o s /i 0 /./ X �} 7oughe�ty EJ% /resw Nadrh• M ✓adn,Y•N+e6i /en J <ro a O/ <e< MEADOW RIDGE OR ' SANDY OAKS S NITARY SEWERS [ 1.41'I SAYBROOK OR 'Z Scol 1 "= 400' R I 7"I-f o pl c I ✓.E ✓°dnspn f , MILL BROOIt BR " EXI TING 15" J <r. . a n.s ' . GOVEW >Y OR.~ ✓On O. Jen..N O/ < ,OE BROLGN L[NE Y T T �1 CORPUS CHRISTI, TEXAS OF/I �7 DAY eZf-f�7')" -" j9 !/ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY'CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. PE TFIjLLY' a A .V THE CITY OF CORVS $HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: V�'OTE: BONNIE S12EMORE " CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZA LES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWE LL �. ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. 4 it J. HOWARD STARK �� CITY OF CORPUS CHRISTI, TEXAS uN. CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 2, 1971 I certify to the City Council that $ 43,369.90 , 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 250 Sanitary Sewer Bond Fund Project No. 250 -70 -94 Project Name Sandy Oaks Sanitary Sewer Extension from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of F• ance •��...,�t Sy ,.i i7 tr•.'� FIN 2 -55 Revised 7/31/69 l•� "^