HomeMy WebLinkAbout14295 ORD - 05/03/1978JKH:hb:5 /2/78
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FIRST SAVINGS ASSOCIATION OF CORPUS CHRISTI,
DEVELOPER OF OVERLAND MEADOWS SUBDIVISION, UNIT 2,
WHEREBY THE DEVELOPER WILL'CONSTRUCT AN OVERSIZED STORM
SEWER AS SHOWN ON EXHIBIT "A" IN LIEU OF THE MINIMUM
SIZED STORM SEWER AS SHOWN ON EXHIBIT "B ", ATTACHED TO
THE SAID AGREEMENT, AND THE CITY AGREES TO REIMBURSE THE
DEVELOPER IN THE AMOUNT OF $11,381.71 WHICH REPRESENTS
THE EXCESS COSTS OF OVERSIZING THE LINE, SAID REIMBURSE-
MENT TO BE MADE UPON COMPLETION AND ACCEPTANCE OF THE
IMPROVEMENTS BY THE CITY, ALL AS MORE FULLY SET FORTH
IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART
HEREOF; APPROPRIATING A TOTAL OF $11,381.71 OUT OF THE
NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO.
295- 72 -17, OVERLAND MEADOWS STORM SEWER; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute an agreement with First Savings Association of Corpus Christi,
developer of Overland Meadows Subdivision, Unit 2, whereby the City will
reimburse the developer for the cost of certain storm sewer improvements made
in said subdivision, a copy of which is attached hereto and made a part
hereof, marked Exhibit "A"
SECTION 2. That there is hereby appropriated $11,381.71 out
of the No. 295 Storm Sewer Bond Fund, representing the City's share of
the excess costs of oversizing the line, all applicable to Project No. 295-
72-13.
SECTION 3. That the necessity to immediately authorize the
City Manager to enter into an agreement with First Savings - Association of
Corpus Christi, developer of Overland Meadows Subdivision, Unit 2, 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
14295 JUL 0 7 1980
in full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED this the 319-0 day of May, 1978.
ATTEST:
'Ctty Secretary MAYOR
THE TY F ORPUS CHRISTI, TEXAS
APPROVED:
DAY OF MAY, 1978:
J. BRUCE -A,YCOCK, CITY ATTORNEY
By mil!
Assistant Attorney
ACREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES
This agreement is authorized by Ordinance No. and is entered
into betw,un the City of Corpus Christi, Texas, ( "Party of the First Part ")
hereinafter call "City ", and First Savings Association of Corpus Christi, a Texas
Corporation, (. "Party of the Second Part ") being referred to as "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 the City
over and above those set forth in the Platting Ordinance in the development
of Overland Meadows Subdivision.
NOW, THEREFORE, the City and the Developer agree as follows:
1. The Developer will construct the over sized storm sewer as shown
on the Plan attached marked EXHIBIT "A" in lieu of the minimum sized storm sewer
required by City Ordnance as shown on the attached Plan marked EXHIBIT "B ".
2. The City agrees to reimburse the Developer as its share for the
cost of the above stated construction, including engineering, the sum of
Eleven Thousand Three Hundred Eighty -One and 71/100 - - - -- Dollars ($11,331.71).
Such reimbursement will be made by the City to the Developer upon completion
and acceptance of the improvements by the City. A copy of the computation of
.the City's cost is attached and marked M -HIBIT "C ".
3. The Developer agrees to 'indemnify the City against any claims arising
as a result of the project.
4. This agreement shall be executed in duplicate, both of which shall
be considered one instrument. When both of the duplicates have been executed
by the City, and at least one duplicate has been executed by the Developer, this
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.
Za' '%
EXECUTED IN DUPLICATE, each of which shall be considered an original,
This the day of I , 1978.
ATTEST: THE CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED _ DEVELOPER
First Savings Association of Corpus Christi
day of 1978
J. Bruce Aycock, City Attorney By
Bob R. Franks, President
By
Assi ant City Attorney
Direr or of Financ
-2-
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EXIBB 77 "B
L 'ost same as Maayer2Ck Con.;tcyptinn rn 1Zl1Dit rnct for'unir •r
CONSTRUCTION COST ESTIMATE
(Revised 1I- 16 -77)
PROJECT Overland Meadows Unit. 2 SHEET NO. I OF- I.
DESCRIPTION
QUANTITY
QUANTITY
UNIT
COST
TOTAL
Storm Sewer on Sage Brush Dr. with
the flow from ditch on west of block
17 -(iczuding connecting Storm Sewer
on Paint Rock Dr.)
}
36" RCP (0' -4' cut)
20
LF
I9.50
390.04
36" RCP (8' -10' cut)
1263
LF
21.66.
27 356.58
Grate Inlet
I
EA
600.00
600.00
v
Storm Sewer on Sage Brush Dr. without
the flow from ditch on west of block
17 (including connecting Storm Sewer
on Paint Rock Dr.)
21" RCP (6' -8' cut)
---20'7
LF
11 5
24" RCP 8' -lO' Cut
1118
TF
75-72
77
-17,807.-9Z
City PartJ.capatson eK rac er
, 3
8% Engineering
893 09
Grand Total C: v Par; �'u'Pa ��
11,381.71
PREPARED BY 1'DS - - DATE 10113177
DWL JOB NO. 10461.20
CHECKED BY -
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 2, 1978
I certify to the City Council that $ 11,381.71 , 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
295 Storm Sewer Bond Fund
Project No. 295 -72 -t3 /,7
Project Name Overland Meadows Subdivision
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
19 Z
irector of F'.
ice
FIN 2 -55
Revised 7/31/69
7
Corpus Christi, Texas
03 day of , 19�
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
THE CITY OF CO CHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Gabe Lozano, Sr. OL
Bob Gulley IAY�Sx,`
David Diaz
Ruth Gill _ OLI IQ
Joe Holt d
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14295 -