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HomeMy WebLinkAbout12664 ORD - 06/25/1975JKH:hb:6 /24/75:lst AN ORDINANCE AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VESTLAND DEVELOPMENT COMPANY, DEVELOPERS OF PHARAOH VALLEY SOUTHEAST, UNIT I, TRACT 4, BY THE TERMS OF WHICH AGREEMENT THE CITY WILL REIMBURSE SAID VESTLAND DEVELOPMENT COMPANY IN THE AMOUNT OF $6,912 FOR THE COST OF CONSTRUCTING OVERSIZE SANITARY SEWER EXTENSION IN McARDLE ROAD FROM APPROXIMATELY 1050 FEET WEST OF ENNIS JOSLIN ROAD TO APPROXIMATELY 400 FEET WEST OF THE CENTERLINE OF ENNIS JOSLIN ROAD, IN ACCORDANCE WITH THE TERMS OF THE PLATTING ORDINANCE AND AS MORE FULLY SET FORTH IN THE AGREE- MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; APPROPRIATING $6,912 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, WHICH AMOUNT IS TO BE PAID TO VESTLAND DEVELOPMENT COMPANY UPON SATISFACTORY COMPLETION OF THE SEWER LINE, DESIGNATED AS 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. That the City Manager be and he is hereby authorized to execute an agreement with Vestland Development Company, by the terms of which agreement the City will reimburse said Vestland Development Company in the amount of $6,912 for the cost of constructing oversize sanitary sewer extension in McArdle Road from approximately 1050 feet West of Ennis Joslin Road to approximately 400 feet west of the centerline of Ennis Joslin Road, in accordance with the terms of the Platting Ordinance and as more fully set forth in the agreement, in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. There is hereby appropriated out of the No. 250 Sanitary Sewer Bond Fund the sum of $6,912, which amount is to be paid to Vestland Development Company upon satisfactory completion of the sewer line designated as Project No. 250- 67 -54. SECTION 3. Amendment of the City Budget to accomplish the purposes of this ordinance is necessitated for emergency expenditure in grave public necessity to meet unusual and unforeseen conditions, which could not, by reasonable diligent thought and attention of the Government of the City of Corpus Christi, have been included in the current, original Budget of the City. 12664 SECTION 4. The necessity to authorize the hereinabove described agreement and to appropriate the necessary sums so that the project may proceed without delay creates a public emergency and an im- perative 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the ,2 t3�day of June, 1975. ATTEST: y Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 24�DAY OF JUNE, 1975: City Attorney 6/24/75 AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES This agreement is entered into between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "City ", and Vestland Development Company, a partnership, hereinafter referred to as "Developer ", and pertains to the cost of improvements as set forth in the Platting Ordinance and for improvements required by the City over and above those set forth in the Platting Ordinance in the development of Pharaoh Valley Southeast, Unit I, Tract 4: NOW, THEREFORE, City and Developer agree as follows: 1. Developer will construct a 15" sanitary sewer in McArdle Road from approximately 1050 feet west of Ennis Joslin Road to approximately 400 feet west of the centerline of Ennis Joslin Road, said construction to be contracted for and financed by the Developer. 2. City agrees to reimburse Developer as its share of the cost of the above stated construction the sum of Six Thousand Nine Hun- dred Twelve and no /100 Dollars ($6,912), upon satisfactory completion and acceptance of the improvements by City. 3. Developer agrees to indemnify City against any and all claims arising out of the construction of the aforesaid improvements. Executed this day of , 1975. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1975: City Attorney AZArF l B i T "A" By. R. Marvin Townsend, City Manager VESTLAND DEVELOPMENT COMPANY By L. L. Woodman, Jr., Partner CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) June 25, 1975 I certify to the City Council that $ 6,912.00 , 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 Project No. Project Name McArdle Lift Station and Force Main 250 Sanitary Sewer Bond Fund 250 -67 -54 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. S , 19 �S irector of ante FIN 2 -55 Revised 7/31/69 CORPUS CHRISTI, TEXAS ,� .Al of 19 5 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, a,- \"Z� MAYO THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE L02AN0, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE l No