HomeMy WebLinkAbout15518 ORD - 05/07/1980.e •
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND GIBRALTAR
SAVINGS, (FORMERLY FIRST SAVINGS ASSOCIATION) OF CORPUS
CHRISTI, DEVELOPER OF OVERLAND MEADOWS, UNIT 2, AUTHORIZED
BY ORDINANCE NO. 14295 DATED MAY 3, 1978, WHICH AMENDMENT
PROVIDES FOR AN INCREASE IN CONSTRUCTION COSTS FOR STORM
SEWER OVERSIZING OF $1,183.93 IN THE OVERLAND MEADOWS
SUBDIVISION, UNIT 2, A SUBSTANTIAL COPY OF WHICH AMENDMENT
IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT
"A"; APPROPRIATING $1,183.93 OUT OF THE NO. 295 STORM
SEWER BOND FUND TO SUPPLEMENT $11,381.71 PREVIOUSLY APPRO-
PRIATED BY SAID ORDINANCE NO. 14295, APPLICABLE TO PROJECT
NO. 295-72-17, OVERLAND MEADOWS SUBDIVISION, UNIT 2, OVER-
SIZED STORM SEWER; 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 authorized to execute an
amendment to -the Agreement between the City of Corpus Christi and Gibraltar
Savings (formerly First Savings Association) of Corpus Christi, developer
of Overland Meadows, Unit 2, authorized by Ordinance No. 14295, dated May 3,
1978, which -amendment provides for an increase in construction costs for
storm sewer oversizing of $1,183.93 in the Overland Meadows Subdivision,
Unit 2, a substantial copy of which amendment is attached hereto and made
a part hereof; marked Exhibit "A".
SECTION 2. That there is hereby appropriated $1,183.93 out of the
No. 295 Storm Sewer Bond Fund to supplement $11,381.71 previously appropriated
by said Ordinance No. 14295, applicable to Project No. 295-72-17, Overland
Meadows Subdivision, Unit 2, Oversized Storm Sewer.
SECTION 3. The necessity to amend the aforesaid agreement and to
provide the sums hereinabove described in order that the project may con-
tinue 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 ordinance or resolution shall be read at three several meetings of the
City Council, and the Mayor having declared that such emergency and necessity
in Luny ��rPICU
15518
exist, and having requested the suspension of the Charter rule 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 7 day of May, 1980.
ATTEST:
Ci y Secre ary
APPROVED:
G9 DAY OF MAY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By `✓
Assistant Ci torney
MAYOR
E CI IF CORPUS CHRISTI, TEXAS
AGREEMENT AMENDMENT
THE STATE OF TEXAS §
COUNTY OF NUECES
This agreement amendment 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 Gibraltar Savings of Corpus
Christi, a Texas Corporation, ("Party of the Second Part") being referred
to as "Developer", and pertains to the City's increased share of the cost
for improvements as the result of construction cost increases from the
expiration of plans approval in November, 1978 to March, 1980, of Overland
Meadows Subdivision;
NOW, THEREFORE, the City and the Developer agree as follows:
1. The City agrees to reimburse the Developer an additional $1,183.93,
including Engineering, for its share of the cost of storm sewer improvement, as
agreed in original agreement approved by Ordinance No. 14295. The increase in
cost is based on construction cost increases from November, 1978 to March, 1980
in accordance with the Contraction Cost Index published in the Engineering News
Record, and as tabulated on the attached Exhibit "A"'
2. Developer agrees to complete improvement in accordance with the
approved plans indicated by original agreement.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
This the day of ,1980.
ASST: THE CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager _
•
APPROVED: DEVELOPER
Gibraltar Savings of Corpus Christi
day of ,1980
J. Bruce Aycock, City Attorney
By
Assistant City Attorney
Director of Finance
By
Bob R. Franks, President
xii
"A
OVERLAND MEADOWS UNIT 2
CITY PARTICIPATION IN STORM SEWER OVERSIZING
Original Council approval of Agreement occurred on May 3, 1978.
City participation at that time was set at $10,538.62 plus 8% Engineer-
ing. Plan approval expired six (6) months later, or on November 3, 1978.
Applying the change in the Engineering News Record Construction
Cost Index from the first week in November, 1978 to the first week in
March, 1980:
ENR Construction Cost Indices - 1st Week of:
November, 1978 = : 266.39
March, 1980 = '294.10
$10,538.62 X 294.10 $11,634.85
266.39
Plus 8% Engineering: 930.79
Total City Participation 12,565.64
(adjusted to March, 1980)
Less Previous Appropriation of 11,381.71
Additional Participation $ 1,183.93
MARCS, 1980
"EXHIBIT A"
3
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 28, 1980
I certify to the City Council that $ 1,183.93 , 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. 295-72-17
Project Name Overland Meadows Subdivision, Unit 2 Oversized
Storm Sewer
from which it is proposed to be drawn, and such money is rot appropriated for
any other purpose.
FIN 2-55
BeVised 7/31/69
Corpus Christi, Texas
day of
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
E CI
CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
The above ordinance was
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
following vote:
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