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Home My WebLink About14296 ORD - 05/03/1978t. JKH:hb:5 /2/78 t -r 0 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CLAUD H. VAUGHAN AND ROBERT B, MCLEAISH, DBA VM COMPANY, PROVIDING FOR CITY PARTICIPATION IN OVERSIZE - OVERDEPTH CONSTRUCTION OF A SANITARY SEWER EXTENSION IN THE AIRPORT INDUSTRIAL SUBDIVISION, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; APPROPRIATING $5,729.91 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT TO THE DEVELOPERS, APPLICABLE TO PROJECT NO. 250- 72 -21, AIRPORT INDUSTRIAL SUBDIVISION, OVERSIZE AND OVERDEPTH OF SE14ER LINE; 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 Claud H. Vaughan and Robert B. McLeaish, d /b /a VM Company, whereby the City will reimburse the developers for the costs of certain sanitary sewer improvements in the Airport Industrial Subdivision, as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", SECTION 2. That there is hereby appropriated $5,729.91 out of the No. 250 Sanitary Sewer Bond Fund, representing the City's share of construction costs, all applicable to Project No. 250- 72 -21. SECTION 3. That the necessity to immediately authorize the City Manager to enter into an agreement with Claud H. Vaughan and Robert B. McLeaish, d /b /a VM Company, developers in the Airport Industrial Sub- division for sanitary sewer improvements, 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 intro- duction 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and J It MICROFILMED JUL 0 71980 14296 effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of May, 1978. ATTEST: Ci,iy Secretary APPROVED: MAYOR THE (C/ ITY CORPUS CHRISTI, TEXAS Y DAY OF MAY, 1978: J. BRUCE AY,COCK, CITY ATTORNEY EA By l Assistant Ci torney ir AGREEMENT THE STATE OF TEXAS X COUNTY 'OF NUECES X This agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, Texas, ( "Party of the First Part ") hereinafter called "City ", and Claud H. Vaughan and Robert B. McLeaish partners, doing business as VM Company ( "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 a sanitary sewer in Agnes Street abutting Lot 1, Block 8, Airport Industrial Subdivision. NOW; THEREFORE, the City and the Developer agree as follows: 1. The Developer will construct a 10" sanitary sewer, as shown in Maverick Engineering Drawing C- 15 -963A in lieu of the minimum 8" sewer required by City. Platting Ordinance, and shown in Maverick Engineering Drawing C -15 -963. Both draw- ings are on file with the Department of Engineering and Physical Development, City of Corpus Christi, Texas. This construction will be contracted for and financed by the Developer. See attached EXHIBIT A. 2. The City agrees to reimburse the Developer as its share for the cost of the above stated construction, including engineering, the sum of Five Thousand Seven Hundred Twenty -Nine and 91 /100 - - - -- Dollars ($5,729.91). Such reimbursement will be made by the City to the Developer upon completion and acceptance of the improvements by the City. 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 th, assigns. r: \ parties here to and their respective heirs, successors and EXCUTED IN DUPLICATE, each of which shall be considered an original, this the day of 1978. ATTEST : THE CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: r�day of 1978 J.RA CK, TY ATTORNEY VM Company Lff Developer City At orn � B Y " Al Wenzel Direc or of Financ" Agent and Attorney -in -fact L —2— 1 • MDIKIYS ND. 1 YDIKIYt KD. MDI[INt tD. ;�tt;; ,. .x. ,LANTANAA•. • , "., i � .. 4 ` `f � /NO.,I AREA Eris �= - ' 7 RCE. C „l,. „ _ .Sewer;,, .SNp T. STATE —.s A—s ST. STATE YNT. MI. 44 'Y ____ ;:;• Future ExfRnsi n I,�X e -'_; O.—N\ /q Sin. S �" erOve ,3 - Overdepth ment � — = s AIRPORT i us`r. SUB O. - - -- - - -- ✓U/YNNY IV14 SCAN fY`l G 0 r " i f•. wrN 'Jr, /x. JrM )l. Imo.. t _ \ `` 4 Lf 2. •1 � ``+•• \ •l,l" -' -- Z ,., "_ {/wr /If r'lWN ONl %trwr•/ - • /•1l xA wR//I /xrrH,� I�I. 101 { ", ` u "•• • I • MWESSMA .. �'' •• I ,.,.. .San. Sewer . . iI' eeot. e— dcerl —CiD6q lEer i TMTeTS x.r.w:..• I` ` _ I ✓'C�H/F'! ✓!, C. fs�GSON FAi4/> GoTJ "' "w "'""" 6e ie 1 + e. tessru utr ttetts ,, CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) May 2, 1978 I certify to the City Council that $ 5,729.91 , 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 250 Sanitary Sewer Bond Fund Project No. 250 -72 -21 Project Name Airport Industrial Subdivision, Oversize and Overdepth of Sewer Line from which it is proposed to be drawn, and such money is not appropriated for any other purpose. •ector of Fi ce FIN 2 -55 rRevised 7/31/69 J Corpus Christi, Texas y� e3 day of 19 l� 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, MA R THE CITY OF COR CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley ol5ZC' � David Diaz Ruth Gill Joe Holt 0j4—./ Tony Juarez, Jr. n "Ri Edward L. Sample 142.96