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HomeMy WebLinkAbout11127 ORD - 10/18/1972• JRR/Mc 10/16/72 7ST 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEVELOPERS AND OWNERS OF CONGRESS PLACE SUBDIVISION FOR THE EXTENSION OF SANITARY SEWERS TO THE BOUNDARY OF THE SUBDIVISION WHEREBY THE DEVELOPER WILL CONSTRUCT AN 8" SANITARY SEWER LINE FOR APPROXIMATELY 577 FEET TO THE BOUNDARY OF THE SUBDIVISION, AND THE CITY WILL REIMBURSE THE DEVELOPER $8,605.06 UPON THE SATISFACTORY COMPLETION OF THE LINE AND ACCEPTANCE OF THE LINE BY THE CITY, AND UPON THE TYING OF 20 LOTS TO THE CITY'S SEWER SYSTEM, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HEREWITH AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $8,605.06 TO COVER THE CITY'S PORTION OF THE COST PLUS ENGINEERING, ALL APPLICABLE TO PROJECT NO. 250- 70 -99; 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 TO EXECUTE AN AGREEMENT WITH THE DEVELOPERS AND OWNERS OF CONGRESS PLACE SUB- DIVISION FOR THE EXTENSION OF SANITARY SEWERS TO THE BOUNDARY OF THE SUBDIVISION WHEREBY THE DEVELOPER WILL CONSTRUCT AN 8" SANITARY SEWER LINE FOR APPROXIMATELY 577 FEET TO THE BOUNDARY OF THE SUBDIVISION, AND THE CITY WILL REIMBURSE THE DEVELOPER $8,605.06 UPON THE SATISFACTORY COMPLETION OF THE LINE AND ACCEPTANCE OF THE LINE BY THE CITY, AND UPON THE TYING OF 20 LOTS TO THE CITY'S SEWER SYSTEM, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HEREWITH AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF THE N0. 250 SANITARY SEWER BOND FUND THE SUM OF $8,605.06 TO COVER THE CITY'S PORTION OF THE COST PLUS ENGINEERING, ALL APPLICABLE TO PROJECT NO. 250- 70 -99• SECTION 3. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AFORESAID AGREEMENT FOR THE EXTENSION OF SANITARY SEWERS AND TO IMMEDIATELY APPROPRIATE THE HEREINABOVE DESCRIBED FUNDS CREATES A PUBLIC EMERGENCY AND IMPERA- TIVE 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 DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND ES /13/72 A G R E E M E N T • THE STATE OF TEXAS COUNTY OF NUECES This agreement, authorized by Ordinance No. / //� , is entered into between the City of Corpus Christi, Texas, a municipal corpora- tion and body politic, a home rule City, hereinafter referred to as "City ", and John Tucker, hereinafter referred to as "Developer ", and pertains to the City's share of the cost for off -site sanitary sewer improvements to be extended to the Congress Place Subdivision. Thirty -eight lots in said sub- division cannot be served by extensions from existing available sewers. NOW, THEREFORE, the City and the Developer agree as follows: 1. The Developer will construct the off-site sanitary sewer in accord- ance with the plans prepared by Urban Engineering (Congress Place, Unit T, Sheets 3 and 5, revised September 11, 1972) and approved by the City Department of Engineering Services. The project comprises 577 feet of 8" sanitary sewer line and three manholes. The construction will be contracted for and financed by the Developer. 2. The City agrees to reimburse the developer as its share for the cost of the above stated construction, including engineering, the sum of Eight Thousand,.S:x Hundred and Five Dollars and 06/100 ($8,605.06). Such reimburse- ment will be made by the City to the Developer upon the satisfactory completion and acceptance of the sewer line by the City and after at least twenty lots in Congress Place Subdivision have tied on to the City sewer. 3. The developer agrees further to indemnify the City against any claims arising as a result of the project. 4. This agreement shall be executed in duplicate, each of which shall be considered an original. When executed by the City and by the Developer, this agreement shall become effective and be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. WITNESS this day of , 1972. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF , 1972: filty Attorney John Tucker Developer • COR(P)US CHRISTI, TEXAS DAY OF /�/C�- aQl.a..l , �9 2 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. RESPECTFULLY, Y& THE CITY OF CO R RISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: - BONNIE $12EMOflE -- CHARLES A. BON NIWELL ROBERTO BOSOUEZ, M.D. OIL= REV. HAROLD T. BRANCH �!" THOMAS V. GONZALES GAGE LO2ANO, $R. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE S12EMORE CHARLES A. BONNIWELL ROBERTO 80SQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GDN2ALE8 (i.HR; GABE L02ANO, SR. _ ;U J. HOWARD STARK