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HomeMy WebLinkAbout15047 ORD - 08/08/1979vp:8/6/79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WOODLAND CREEK DEVELOPERS PROVIDING FOR THE OVERSIZING OF THE SANITARY SEWER LINE IN THE WOODLAND CREEK SUBDIVISION, UNIT III, WHEREBY THE CITY OF CORPUS CHRISTI WILL REIMBURSE WOODLAND CREEK DEVELOPERS FOR OVERSIZING IN ACCORDANCE WITH ALL TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT MARKED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING $7,710.76 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, PROJECT NO. 250-77-13.1, WOODLAND CREEK SUBDI- VISION, UNIT III; 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 with Woodland Creek Developers providing for the oversizing of the sanitary sewer line in the Woodland Creek Subdivision, Unit III, whereby the City of Corpus Christi will reimburse Woodland Creek Developers for oversizing in accordance with all terms and conditions as set forth in the agreement, marked Exhibit "A", attached hereto and made a part hereof. SECTION 2. That there is hereby appropriated the sum of $7,710.76 out of the No. 250 Sanitary Sewer Bond Fund, Project No. 250-77-13.1, Woodland Creek Subdivision, Unit III. SECTION 3. The necessity to authorize execution of the hereinabove described agreement and to appropriate the sums necessary to effect the terms of the said agreement in order that the developer may be reimbursed for the oversizing of the sanitary sewer line in the Woodland Creek Subdivision, Unit III 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, 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 15047 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of August, 1979. _ATTEST: Cit Secretary NAYO i THE ITY OF CORPUS CHRISTI, TEXAS APP�OVED: DAY OF AUGUST, 1979: J. BRUCE AYCOCK, CITY ATTORNEY istant City tb ney 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, herein- after 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 III. 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 Prairie Dog Fork and Pernitas Creek Drive to the southern boundary of Woodland Creek Unit III. This con- struction 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 Seven Thousand Seven Hundred and Ten and 76/100 Dollars ($7,710.76). 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 , 1979. ATTEST: CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF J. BRUCE AYCOCK,, CITY ATTORNEY By: , 1979 Assistant City Attorney Director of Finance ATTEST: WOODLAND CREEK DEVELOPERS 4 • ' crr OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) - 1 certify to the City Council that $ 7,710.76 - , 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. 250-77-13.1 Project Name Woodland Creek Subdivision, bit 3 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. t, „ FIN 2-55 ised 7/31/69,. tifIf/Rev I rector o Jance p csa‘Aidd 15047 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) I certify to the City Council that $ 7-,710.76 Ah' '- 7, /97/ ,'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. 250-77-13.1 Project Name Woodland Creek Subdivision, Unit 3 from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • ,,S ,/ 1 pFIN � (Revisedsed 7/31/69 _ In , 1977 FINANCE DEPART, Au° 8 2 28 pH 7g Ploogrme, CLuGic cnP;l4TLTou' fa4g 520-11-13'T 520 2sIsTrEILX 6G15-4 Corpus Christi, Texas day of 19 q 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 TH CITY CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best 0,—tA67 David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Oc_AAP_..) The above ordinance was passed by the following vote: Luther Jones Ol_A kE) Edward L. Sample �1�A � J Dr. Jack Best CJ...-A�� David Diaz Clip ��J Jack K. Dumphy (%p Betty N. Turner .(c J Cliff Zarsky 15047