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HomeMy WebLinkAbout10703 ORD - 02/09/19722- 9- 72:jkh AN ORDINANCE I AUTHORIZING AMENDMENT OF THE CONTRACT WITH OSO BAY LIMITED, DEVELOPERS OF PHARAOH VALLEY CARRIAGE PARK TOWNHOUSES EAST, AS AUTHORIZED BY ORDINANCE NO. 10657, PERTAINING TO THE CITY'S PARTICIPATION IN OVERSIZE AND OVERDEPTH OF A SANITARY SEWER LINE IN McARDLE ROAD, SO AS TO AUTHORIZE THE EXTENSION OF THE SANITARY SEWER LINE AN ADDITIONAL 401 FEET MORE OR LESS; APPROPRIATING $1,776.75 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $1,660.45 IS FOR OVERSIZE AND OVERDEPTH AND $116.30 IS FOR ENGINEERING, APPLICABLE TO PROJECT NO. 250- 67 -54; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Authorization is hereby given to amend the contract with Oso Bay Limited, developers of Pharaoh Valley Carriage Park Townhouses East, as authorized by Ordinance No. 10657, pertaining to the City's participation in oversize and overdepth of a sanitary sewer line in McArdle Road, so as to authorize the extension of the sanitary sewer line an additional 401 feet more or less, per the Master Plan, and all as more fully set forth in the amended contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. There is hereby appropriated the sum of $1,776.75 out of the No. 250 Sanitary Sewer Bond Fund, of which $1660.45 is for oversize and overdepth, and $116.30 is for engineering, all applicable to Project Nd. 250- 67 -54. SECTION 3. The necessity to authorize the amendment hereinabove set forth and to appropriate the necessary sums creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council and the Mayor having requested s that such public necessity and emergency exist, and having requested that such Charter rule be suspended and that this ordinance be passed finally 10703 on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this theg//l1jday of February, 1972. ATTEST: ( yyy I O d C ty Secr to / MAYOR 0 THE CITY OF CORPU CH STI, TEXAS APPR VED: DAY OF FEBRUARY, 1972: C ty Attorney," /� THE STATE OF TEXAS X KNO14 ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X This agreement, authorized by Ordinance No. , is entered into between the City of Corpus Christi, Texas, a municipal corporation and body politic, hereinafter called "City ", and ncn Ray ldmiUd , hereinafter called "Developer ", and pertains to the City's share of the cost for improvements when City participation is set forth in the Platting Ordinance, and for improvements required by City over and above those set forth in the Platting Ordinance in the development of Pharaoh Valley Carriage Park Townhouses East, Tract NOW, THEREFORE, the City and Developer agree as follows: 1. Developer will construct 15" vitrified clay sanitary sewer line and appurtenances as approved by the Director of Engineering Services and located in McArdle Road Said construction to be con- tracted for and financed by Developer. 2. City agrees to reimburse the Developer as its share for the cost of the above stated construction, including engineering, the sum of One thousand seven hundred seventy -six and 75/100 - - - - - Dollars 0 1,776.75 ). Said reimbursement will be made by City upon completion and acceptance of the improvements by City. 3. Developer agrees to indemnify and hold harmless the City from any and all claims, suits, or action of any character arising from the construction contemplated by this contract or from failure to properly safeguard said construction. 4. This agreement shall be binding.upon the parties and be given full force and effect. This agreement shall be binding upon the parties and their respective heirs, successors in office and assigns upon execution. of this contract. WITNESS OUR BANDS, binding the respective parties, this the day of February , 1972. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF February, 1972: "CITY" City Attorney OSO BAY LIMITED ATTEST: "DEVELOPER" Secretary CORPUS CHRISTI, TEXAS / ml DAY OF '19 z� 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 15 INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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. RESPECTFULLY ' 6 0 MAYOR THE CITY OF CORPUS ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE - -� CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES • GABE LOZANO, SR. J. HOWARD STARK