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Home My WebLink About14455 ORD - 08/16/1978{: jkh:8- 16 -78; 1st •,_' AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE TWO SEPARATE AGREEMENTS WITH THE DEVELOPERS OF WOODLAND CREEK SUB- DIVISIONS, UNITS 1 AND 2, HUMPHREY ENTERPRISES AND WOODLAND CREEK DEVELOPERS, PROVIDING FOR CITY PARTICIPA- TION IN THE OVERSIZE /OVERDEPTH CONSTRUCTION OF SANITARY SEWER LINES IN THE WOODLAND CREEK SUBDIVISION, UNITS 1 AND 2, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, A COPY OF EACH, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AND MARKED EXHIBITS "A" AND "B ", IS MADE A PART HEREOF; APPROPRIATING $44,873.57 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH AMOUNT $27,725.33 IS FOR UNIT 1 AND $17,148.24 IS FOR UNIT 2, FOR PAYMENT OF THE DEVELOPERS, APPLICABLE TO PROJECT NO. 250 -77 -15.3, WOODLAND CREEK SUBDIVISION, UNITS 1 AND 2, OVERSIZE /OVERDEPTH OF SANITARY SEWER LINES; 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 two separate agreements with the developers of Woodland Creek Subdivisions, Units 1 and 2, Humphrey Enterprises and Woodland Creek Developers, providing for City participation in the oversize /overdepth construction of sanitary sewer lines in the Woodland Creek Subdivision, Units 1 and 2, all as more fully set forth in the agreements, a copy of each being attached hereto and made a part hereof, marked Exhibits "A" and "B ". SECTION 2. That there is hereby appropriated the sum of $44,873.57 ' out of the No. 250 Sanitary Sewer Bond Fund, of which amount $27,725.33 is for Unit 1 and $17,148.24 is for Unit 2, for payment of the developers, applicable to Project No. 250 -77 -15.3, Woodland Creek Subdivision, Units 1 and 2, Oversize / Overdepth of Sanitary Sewer Lines. SECTION 3. The necessity to execute the aforesaid agreements and to appropriate the sums described in order that the orderly develop- ment of Woodland Creek Subdivisions, Units 1 and 2, may proceed without delay creates a public emergency and an imperative public necessity requir- ing 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 that such emergency and necessity exist, and having requested the suspension of the Charter rule 91-0OFILMED i445ai � n Q igBD and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_/L day of August, 1978. ATTEST: "C�ZL o✓��/ City" Secretary APPROVED: 16th DAY OF AUGUST, 1978: — 0. BRUCE AYCOCK, CITY ATTORNEY By —6 Assistant i Attorney .i` a y r and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_/L day of August, 1978. ATTEST: "C�ZL o✓��/ City" Secretary APPROVED: 16th DAY OF AUGUST, 1978: — 0. BRUCE AYCOCK, CITY ATTORNEY By —6 Assistant i Attorney JNII. JU u, LIM AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES L �e This agreement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City ", and Humphrey Enterprises, a general partnership, hereinafter 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 Woodland Creek Subdivision Unit I. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein exchanged and agreed to be kept and performed the City and Developer agree as follows: 1. The Developer will construct an 18" vitrified clay sewer line from the easterly boundary of subdivision and Coleta Creek Drive along Coleta Creek and westerly along Prairie Dog Fork Drives to Station 5 +72.75. This 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 Twenty -Seven Thousand Seven Hundred and Twenty -Five and 33/100 Dollars ($27,725.33). Such reimbursement will be made by the City to Developer upon completion and acceptance of the improvements by City. 3. The Developer agrees to indemnify the City against any claims arising as a result of the project. EXECUTED IN DUPLICATE ORIGINALS this the day of 1978. ATTEST: City Secretary APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY Director of Finance ATTEST: CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager HUMPHREY ENTERPRISES By Robert D. Thorpe, General Partner AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City ", and Woodland Creek Developers, a general partnership, hereinafter referred to as "Developer ", and pertains to the City's share of the cost for improve- ments 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 Woodland Creek Subdivision Unit II. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein exchanged and agreed to be kept and performed, the City and the developer agree as follows: 1. The Developer will construct an 18" vitrified clay pipe from existing 18" pipe along Coleta Creek Drive to the western boundary of the subdivision. 'This 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 Seventeen Thousand One Hundred and Forty Eight and 24 /100 Dollars ($17,148.24). 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. Executed in duplicate originals this day of , 1978. ATTEST: City Secretary APPROVED: DAY OF 1978: .J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney CITY OF CORPUS CHRISTI By: -- . . .. .. ... R. Marvin Townsend, City Manager Director of Finance ATTEST: WOODLAND-CREEK DEVELOPERS By G. Philip Berryman General Partner 0 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 16, 1978 I certify to the City Council that $ 44,873.57 , 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 -77 -15.3 Project Name Woodland Creek Subdivision, Units 1 & 2: Oversize and overdepth of sewer line. from which it is proposed to be drawn, and such money is not appropriated for any other purpose. August 16 , 19 78 Director "ofiF_inancef FIN 2 -55 Revised 7/31/69 �l 47 Corpus Christi, Texa e ��dayof 1 1976 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 CVY OF S CHRISTI, TEXAS The Charter rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. 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