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HomeMy WebLinkAbout15394 ORD - 02/27/19801p;2-27-80;1st 1111/ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUDGET HOMES INC., THE DEVELOPER OF A SUBDIVISION PROPOSED TO BE KNOWN AS BURR'S ACRES UNIT 2, PROVIDING FOR CITY PARTICIPATION IN THE. OVERSIZE/OVERDEPTH CON- STRUCTION OF A STORM SEWER LINE IN STARLITE LANE ADJA- CENT TO BURR'S ACRES UNIT -2, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN-SUBSTAN- TIALLY- N SUBSTAN-TIALLY THE SAME FORMAS ATTACHED HERETO AND MARKED EXHIBIT "A", IS MADE APART HEREOF; APPROPRIATING $25,302.76. OUT OF THE NO. 295 STORM SEWER BOND FUND, FOR PAYMENT OF THE DEVELOPER, APPLICABLE TO PROJECT NO. 295-77-7, STARLITE LANE AND SHADY LANE EXTENSION; 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 the Budget Homes, Inc., developer of a subdivi- sion proposed to be known as Burr's Acres Unit 2, providing for City partici- pation in the oversize/overdepth construction of a storm sewer line in Starlite Lane adjacent to Burr's Acres Unit 2, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there ishereby appropriated -the sum of $25,302.76 out of the No. 295 Storm Sewer Bond Fund, for payment of the developer, applicable to Project No. 295-77-7, Starlite Lane and Shady Lane Extension. Section 3. The necessity to execute the aforesaid agreement and to appropriate the sums described in order that the orderly development of Burr's Acres Unit 2 may proceed without delay 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 ordinanceor 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 and that this ordinance be passed finally on the•date of oce 15394 its introduction and take_ effect and be in full force and effect from and after it passage, IT IS ACCORDINGLY SO ORDAINED, this the 27 day of t 11980. ATTEST: APPROVED: 77 DAY OF/ w 7)1980: J. BRUCE AYCOCK, CITY ATTORNEY 0, THE CI 400F CORPUS CHRISTI, TEXAS • AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter call "City", and Budget Homes, Incorporated, hereinafter called._ "Developer". NOW, THEREFORE, the "City" and the "Developer" agree as follows_ 1. The "Developer" will construct certain improvements for and on behalf of the "City" including oversize/overdepth of storm sewer and pavement repair on Starlite Lane adjacent to a subdivision proposed to be known as Burr's Acres Unit 2. The "City's" Platting Ordinance requires the "Developer" to install approximately 508 feet of 30 inch diameter storm sewer pipe to serve the proposed subdivision. It has been determined that it is in the "City's" best interest to oversize said storm sewer pipe to complete a portion of Storm Sewer Bond Fund Projdct No. 295-77-7, Starlite Lane and Shady Lane Extension. The improvements will be constructed in accordance with the plans and specifications approved by the Department of Engineering and Physical Development. This Agreement shall be null and void should the subdivision construction authorized by the approved plans and specifications not, be carried out within the time limits specified in the "City's" Platting Ordinance. The construction will be contracted for and financed -by the "Developer".. - 2. The "City" agrees to reimburse the "Developer" its share of the above described construction cost plus engineering as is shown on the attached Construction Cost Estimate, marked "EXHIBIT B", and Nap, marked "EXHIBIT A", attached hereto and made apart hereof. For purposes of this Agreement, the amount of the "City" reimbursementto the "Developer" shall not exceed Twenty-five Thousand Three Hundred Two and 76/100 Dollars ($25,302.76). The actual reimburse- ment will be adjusted according to the actual construction cost after completion of the work, but in no event shall it exceed the above stated amount_ The "City's" payment to the "Developer" will be made after completion and acceptance of all subdivision improvements. 3. The "Developer" agrees to indemnify the "City" against any claims arising as a result of this project. 4_ The 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 from and after the date of execution. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of 1980. ATTEST City Secretary APPROVED: 27 day of J. BRUCE AYCOCK, CITY ATTRNEY Assist(�City Attorney Director of Finance THE STATE OF TERAS COUNTY OF NUECES I , 1980 THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager DEVELOPER: BUDGET HOMES INCORPORATED BY• Before me, the undersigned authority, on this day personally appeared • known to me to be the person and official whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity stated. Given under my hand and seal of office this the day of • 1980. Notary Public in and for Nueces County, Texas -2-. .5T. 3G RcP-11 E'X/ST. Go - .STdLiOuT� '.Xl00'�.2C.O Ce 0/07. 3z AO. 'X5SGOT /.1/GET 87L58 (S'X2'/d/S/OE) TOP= 4.5.77 /8` Afiv.= 4/.95 2•?"mig=4/•yo � y 30 c. a 0./07. 3/ ET a0-47sa /.' 1 1 1 G'7 f00 EXIST M.;4. /2- W / 30. 8 11L7E.2A/117- TYPE /y_ H 70P = 4-?. iW1.14TC,t/ EX/S. 3o" /.c/% o 3 ?. 4-0 G.€2" /J14= 39..3a ¢8.r 24 -.E.G.'? 4447-C.‘I EX/sT. OITci/ GGeao[ 4"I7/a. MA9 57c -4-a loorro./E/'57 ZA/ OUT > 4/. •QS �Xl7//Fj/T /Jg 30�STU.C3p�/T� /vv. 4/5O 1 TERNiJTE 50 51v�30i/T_= • BURRS ACRES UNIT 2 City Oversize/depth Participation (Storm Sewer) 60" B.C.P. 8'-10' cut 508 L.F. @$67.56/L.F. _ $ 34,320.48 30" R.C.P. 6'- 8' cut 100 L.F. @$20.76/L.F. _ $ 2,076.00 30" R.C.P. 8'-10' cut 408 L.F.'@$26.00/L.F. _ $ 10,608.00 $ 12,684.00 Type "8" M.H. 4' Std. M.H. $1,287.00 $ 600.00 Diff. _ $21,636-.48 Diff. 54" B.C.P. stubout 6'-8' cut 8 L.F. @$70.00/L.F. 54" H.C.P. plug Pavement Repair 23 S.Y. @ $15.00 per square yard 82 Engineering $ 687.00 $ 560.00 $ 200.00 $ 345.00 $23,428.48 $ 1,874.28 $25,302.76 I rI//fir B-1" V.rap115411. CLAUDE CHAPMAN CC; iSTRUCTiON CO, UMC_ • 751)1 t-ec..ve Sree; - Solt_ 3 CORPUS TEXAS 78409 Phone 33.1.2542 PROPOSAL SUBMITTEO TO N PHONE DATE - - i /CL -1Y1 o "t 7779'..^T3Trr'nf STREET .. P.o. so: ion16 JOB NAME - _ 7r7--irs• I�r.' • r Mt STATE ANO ZIP COOS JOB LOGnon rriri ,FsaT *►+arta 1 C. t` y}_{,. ?'.'^71; TPA11 ARCHITECT 1 DATE CP PLANS_ _ re. MON* - - —' tihereby submit specifications and estimates far. • 5' T..eata• .'. 6 na. 0 3 750.00 - 3 4,532= 4 Stoma Sew= Bbabolos 2 EA 0 Sca.eo 1,2Ca.00 Patch Paving 40 SY 0 . 15.00 - 900.00-.-. - 91mooltiaa 30" to 60" . 1 IS 0 403.00 - - _ 400.00 2./." EC Pii - 96 rge 0 ' 21.05 2,20.20 24' EC Pipe 4'-6' . 532 TI • 0 ,17.55 5:s26.E0 21" EC Pips 61-0' 50 up 0 19.55 - 577.53 30" EC Pipe 6'-a' 337 ria 0 20.76 8,034.12'4 3a" se Pipe 8°-10' 425 IP 0 26.E - 11,1353.03'4-- 1,050.00 "13" EC pips 4'-6t 53 rt' 0 22.00 — 1.276.00 - 13" , =lib E's 3 1 T• 536,135.02 a. EXU�.erT 32 isoP itbin; uoe hereby to furnish material and labor — complete In accordance with above specifications. for the sLun,ot dollars ($ ) Payment to be made as follows: All mac.dal to ger Riad to be as spelled. AS .ere to to completed In ..oO., eE s manor according to standard precthres. Any alteration or deviation front etcve swan • AUtheringi dans Waring .Rua oasts tee be waited cab oris wratwr ode.,. add .lb e.eOm. at Signature ostia abase my and above dw.stimate. Ab agn.mente contingent noon ,t05... aaddsnts or deters b.rmnd .w control. Owner to corp fire. mined. and other necessary bm,aaaa. Note: This proposal mar be ,� our worms . facie covered by Weddnw•s Cono.es.Loa tasaMma withdraw ter as 1f net aee...i rata.. ,550 _. -_ _ - - .1.... Arno:ann. iii Fri:mixed —Tiro above prices. Specifications and conditions are satisfactory and are hereby accepted. You we authorized to do the vaarlt as specified. Payment wit be made as outlined above. Signature vrapu tL ..- CLAUDE CH PMAN ..CO STRUCTIONCU.,ii C. 7501 i_a.:Ipard Street- Sulm 3 CC- Pt S Citi?ISTI• TEXAS 7840;4 ?ton.) eS4-42542 PROPOSAL SuDNITTED TO PHONE ' DAM '- 7!T1TTE, T 9.1, 1. Pr, ?=tL "MOM S'tC. - STREET _ _ 1'r4. 10115 JOS NAME ?1. mtz _ CIT; STATE AND ZIP CODE 409 LOCATION rerCr.7T; , ---.- r- WPM"! r.! .fl.nr TT (:a.+t A't•, - irrefl::i 71ITT ARCHITECT - _ DATE OP PLANS .. T MD paper A 1t8wa e: 40" 11C 7,1,113. Type til~ 60 Eep 6_3 E1) as Sen bo .t E-8 Ping C' 1 . F`S.� 19287.1 337 -T3: 0 51.82 �sai_ Tar - 23r-34 4225 I"at 9 .55 23.713 Z.-- -- 3 Di' C 770.00 ;6Ct_c 1 LS \ ... ._....:-2110.M - 2 .Oo--- - -- _ $54,034-34 Exr5IT X3-2 lintp08e hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made es Wows: dollars ($ Aa ratsrw t. gaaraMwd to be a spooned. Alt work to be competed In a wr nweise meaner moerens to Woodard cinchona. An, alteration en dardat ennem allow owlet . Ions oaeark,g entre coats ort) be mended only open *Anna orders, and *N become an team chard. neer and atone N. animate AO agreements nehmen epos stile% accident. a delays Waned our control. Owner be can, Om tornado and other nacm.ry bmonrc.. Omeskers y nam waere hilly b7 wmtmw an s Comp.ala+ tawvana (1a's+reof grnpunal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Pawned vrill be made as outlined above. t. Date .1 A'...a+n..• Authorized Signature Note ibis propasat maybe withdrawn by us if not accepted within dory Signature eeah,n CITY OF CORPUS CHRISTI, TEXAS • CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 26, 1980 I certify to the City Council that $ 25,302.76 , 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 No. 295 Storm Sewer Bond Fund Project No. 295-77-7 Project Name Starlite Lane & Shady Lane Extension from which it is proposed to be drawn, and such money is not appropriated for any other purpose. IgAL-.....1_,=7 1922 Director of Finance FIN 2-55 Revised 7/31/69 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, 11, MAYO 741t2 CORPUS CHRISTI, TEXAS THE CI The Charter rule was suspende_ by the following _vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass : by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15394