HomeMy WebLinkAbout12820 ORD - 09/24/1975JKH:VMR:9- 24- 75;1ST
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE-
MENT WITH HERBERT ALEXANDER WHEREBY MR. ALEXANDER
WILL PAY $40,5o6.42 FOR HIS SHARE OF THE COST OF
OVERSIZING THE WALDRON ROAD STORM SEWER OUTFALL TO
SERVE HIS PROPERTY, ALL AS MORE FULLY SET FORTH IN
THE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "At';
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 ENTER INTO AN AGREEMENT WITH HERBERT ALEXANDER WHEREBY MR. ALEXANDER
WILL PAY $4o,5o6.42 FOR HIS SHARE OF THE COST OF OVERSIZING THE WALDRON
ROAD STORt7 SEWER OUTFALL TO SERVE HIS PROPERTY, ALL AS MORE FULLY SET
FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A ".
SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORE-
SAID AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER THAT CONSTRUCTION OF
THE SAID STORM SEWER OUTFALL MAY BE COMMENCED 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 BUT 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 TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
e,( r DAY OF SEPTEMBER, 1975.
4TY TEST —•
K� {sy'
SECRETARY MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED
_ __DAY OF SEPTEMBER, 1975
i "1 —
14,4,1S CITY M, NEY
12820
AGREEMENT
THE STATE OF TEXAS �(
COUNTY OF NUECES (1
This Agreement is entered into between the City of Corpus Christi,
hereinafter called "City ", and Herbert Alexander, developer of Sub-
division, hereinafter called "Developer ".
WHEREAS, the "City" has prepared plans and specifications, advertised
and has received competitive bids for storm sewer improvements for the
Waldron Road Street Improvements (Storm Sewer Outfall Project I10. 295 -72 -10.1)
and;
WHEREAS, the "City" has determined that a storm sewer Outfall in Purdue
Road and a portion of Waldron Road is necessary (see "EMBIT A ") consisting of
66" diameter and 48" diameter storm sewers further shown on plans on file
(STO 379) in the office of the Director of Engineering and Physical Deve-
lopment, and;
WHEREAS, the "City" has determined that the cost to construct the
Waldron Road Storm Sewer System as shown on "EXHIBIT A ", which is in
accordance with the Master Storm Sewer Plan for Flour Bluff, is $252,939.90,
and;
WHEREAS, "Developer" desires the "City" to oversize the Waldron Road
Storm Sewer to accomodate the "Developer's" 56.7 acre development for Storm
Sewer purposes in accordance with storm sewer sizes shown in "EXHIBIT B", and;
WHEREAS, the "City" has determined by competitive bidding that the
cost for the "EXHIBIT B" Storm Sewer System is $290,974.10.
LOW, THEREFORE, the "City" and "Developer" agree as follows:
1. The "City" will award a Contract to the low bidder of the "EXHIBIT B"
Storm Sewer System which has been oversized to accomodate "Developer ".
2. Prior to the award of said Contract, "Developer" will deposit with
"City" the amount of the difference between the "EXHIBIT A" Storm Sewer
System ( $252,939 -90) and the "EXHIBIT B" Storm Sewer System ( $290,974.1o) or
$33,034.20. To this figure, the "City" will add a 6,-1% Engineering fee of
$2,472.22, bringing the "Developer's" cost to $40,506.42.
3. The Agreement shall become effective and shall be binding upon
and shall inure to the benefit of the parties hereto and their respective
heirs, successors and assigns from and after the date of execution.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this the day of , 1975•
ATTEST:
THE CITY OF CORPUS CHRISTI
BY:
City Secretary R. Marvin Townsend, City Manager
APPROVED AS TO LEGAL FORM THIS
day of
City Attorney
Director of Finance
, 1975
11)DW 0l— F,.i;dDI:7
BY:
Herbert Alexander, Developer
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CORPUS CHRISTI, TEXAS
M DAY OF 79 %('/'
a .is
TO THE MEMERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORPINANCEa A PUBLIC EMERGENCY AND IMPERATIVE NECE33ITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SMALL 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 INTRODUCEDa OR AT THE PRESENT MEETING OF TIE
CITY COUNCIL.
RESPECTFULLY,
MAYOR
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 LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
806 GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
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