HomeMy WebLinkAbout15394 ORD - 02/27/19801p;2-27-80;1st
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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
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•
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