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HomeMy WebLinkAbout14887 ORD - 05/09/1979• jkh:5-9-79;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DAVID S. CROW PROVIDING FOR PAYMENT TO THE CITY OF CORPUS CHRISTI IN THE AMOUNT OF $24,680 FOR OVERSIZE OF SANITARY SEWER LINES ON THE HIGHWAY 9 SANITARY SEWER IMPROVEMENTS PROJECT, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 wilh David S. Crow providing for payment to the City of Corpus Christi in the amount of $24,680 for oversize of sanitary sewer lines on the Highway 9 Sanitary Sewer Improvements Project, all as more fully described in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid agreement at the earliest practicable date 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 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 9 day of May, 1979. ATTEST: Ci Secretary APPROVED: 9th DAY OF MAY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci 148817 THE OF CORPUS CHRISTI, TEXAS MICROFILMED JUL 0 01080 AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES 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 David S. Crow ("Party of the Second Part") being referred to as "Owner" and pertains to joint participation in the con- struction of sanitary sewer lines in Leopard Street in the vicinity of Corn Products Road concurrently with a sanitary sewer contract under construction by the City. The City contract is with Claude Chapman Construction Company, and was awarded by the City Council on February 28, 1979. NOW, THEREFORE, the City and the Owner agree as follows: 1. The City has determined in the herein referenced contract that an 8" diameter force main will cost the City $7.50/ft., with the City proposing under said contract to install 8" diameter force main across the total Leopard Street frontage of Owner's property. 2. Owner desires to install 10" diameter gravity sanitary sewer across a substantial portion of his Leopard Street frontage and City has deter- mined under said contract that the cost of the 10" diameter gravity line will be $25.50/ft. 3. Owner hereby agrees to pay City the difference in the 8" force main and the 10" gravity sewer in order to have gravity sewer service available to his property. The City has determined that said cost differential to Owner, including cost of two manholes, is $24,680.00. Limits of gravity 10" sewer construction at Owner's property is as shown on the attached Exhibit "A". 4. Owner will deposit $24,680.00 with City before, or concurrently with, City authorizing the additional work by change order to Claude Chapman Construction Company. Owner also agrees to bear cost of adjusting any unknown private utility lines encountered during the construction of the 10" diameter gravity sewer line. 5. Owner may utilize the 10" diameter gravity sewer after acceptance of said line from the City's contractor, said acceptance anticipated to be July 18, 1979. Owner's use of the line to be subject to all applicable City codes for sanitary sewer systems. 6. 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 Owner, 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. WITNESS this day of , 1979. CITY OF CORPUS CHRISTI ATTEST: By R. Marvin Townsend, City Manager Bill G'. Read, City Secretary APPROVED: day of , 1979 City Attorney - 2 - I I I I I II • I I I8Vid 5: Crow 40 L.F. of /0)4.C. P. a 2 -MH. si /,'240 L.F. 8q.4. Force Moin II 11 \ /0"VC.2 Corpus Christi,; hristi, exas day of , 19 7.7 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, YOR T The Charter rule was suspende Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky CITY CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 14887