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HomeMy WebLinkAbout15518 ORD - 05/07/1980.e • 1p:5-5-80;lst 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: 15518