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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH VIOSIN DEVELOPMENT COMPANY, DEVELOPER OF GREENFIELDS
BY THE BAY SUBDIVISION, PROVIDING FOR CITY PARTICIPATION
IN THE OVERSIZE/OVERDEPTH OF APPROXIMATELY 2600 LINEAR
FEET OF 12 -INCH AND 15 -INCH DIAMETER GRAVITY SEWER LINE IN
WOOLDRIDGE ROAD, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A";
APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND
FUND THE SUM OF $25,586 FOR PAYMENT TO VIOSIN DEVELOPMENT
COMPANY UPON COMPLETION OF THE SANITARY SEWER LINE AND
ACCEPTANCE BY THE CITY OF CORPUS CHRISTI, APPLICABLE TO
PROJECT NO. 250-77-32, GREENFIELDS BY THE BAY SUBDIVISION,
OVERSIZE/OVERDEPTH OF SANITARY SEWER LINE; AND DECLARING
AN EMERGENCY.
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BE OT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute an
agreement with Voisin Development Company, Developer of Greenfields by the
Bay Subdivision, providing for City participation in the oversize/overdepth
of approximately 2600 linear feet of 12 -inch and 15 -inch diameter gravity
sewer line in Wooldridge Road, A substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated out of the No. 250
Sanitary Sewer Bond Fund the sum of $25,586 for payment to Voisin Development
Company upon completion of the sanitary sewer line and acceptance by the
City of Corpus Christi, applicable to Project No. 250-77-32, Greenfields by
the Bay Subdivision, Oversize/Overdepth of Sanitary Sewer Line.
SECTION 3. The necessity to authorize execution of the aforesaid
agreement at the earliest practicable date and appropriation of the sums
necessary to effect the installation of the above described sanitary sewer
line 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 such emergency and necessity to exist, having
MIGUEILMED
SEP '47 1984
15759
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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 and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the /D day of .5e , 1980.
ATTEST:
Ci Secretary MAYO
APPROVED:
io-'i DAY OF SEPTEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By - r
Assistant City Attor*
THE C
i
.111;1!".
fru CORPUS CHRISTI, TEXAS
AGREEMENT
THE STATE OF TEXAS I
COUNTY OF NUECES I
This agreement is authorized by Ordinance No. 15759
and is entered into between the City of Corpus Christi, Texas, ("Party of
the First Part") hereinafter call "City", and Greg Voisin, Trustee of Voisin
Development Company, ("Party of the Second Part") being referred to as
"Developer", and pertains to the City's share of the cost for off-site improve-
ments coincidental with the development of Greenfields by the Bay Subdivision.
NOW, THEREFORE, the City and the Developer agree as follows:
1. The developer will construct 1330 feet of 12 inch and 1330 feet
of 15 inch vitrified clay sanitary sewer gravity line along Wooldridge Road,
known as Line 1F and Line 1F1, as shown in Exhibit A attached hereto and made
a part hereof. This construction will be contracted for and financed by the
Developer.
2. The City agrees to reimburse the Developer as the City's share
for the cost of the above stated construction the sum of Twenty-five Thousand
Five Hundred Eighty-six and no/100 Dollars ($25,586.00). Such reimbursement
will be made by the City to Developer upon completion and acceptance of the
improvements by the City.
3. The Developer will dedicate a minimum 50 -foot by 100 -foot site
in the proposed park in Greenfields by the Bay Subdivision, to accommodate
both initial and future lift station construction. Such tract shall be in
addition to park dedication requirements set forth in City's Platting Ordinance.
4. Developer and City agree that City participation, per this agree-
ment, satisfies all City obligations relating to sanitary sewer service for
Greenfields by the Bay Subdivision and Windbrook Estates Subdivision. See
Exhibit A for location of Windbrook Estates.
5. The Developer agrees to indemnify the City against any claims
arising as a result of the project.
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6. This agreement shall be executed in duplicate, both of which
shall be considered one instrument. When both of the duplicates have been
executed by the City, and at least one duplicate has been executed by the
Developer, this 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.
WITNESS MY HAND this day of , 1980.
GREG VOISIN, TRUSTEE
A. M. Ewing, Jr., Attorney in Fact
THE STATE OF TEXAS 1
COUNTY OF NUECES 1
Before me, the undersigned authority, a Notary Public in and for
Nueces County, Texas, on this day personally appeared A. M. EWING, JR.,
Attorney in Fact, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity
therein stated.
Given under my hand and seal of office this day of
, 1980.
Notary Public in and for Nueces County, Texas
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
10th day of September , 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
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CITY OF CORPUS CHRISTI, TEXAS
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CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
September 2, 1980
I certify to the City Council that $ 25,586 , 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. 250 Sanitary Sewer Bond Fund
Project No. 250-77-32.
Project Name
Greenfields by the Bay Subdivision, Oversize/
Overdepth of Sanitary Sewer Line
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
FIN 2-55
Revised 7/31/69
Corpus Christi, Texas
(p day of
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, 198a
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,
MAYO
HE CIT i CORPUS CHRISTI, TEXAS
The Charter rule was suspendeby 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 d by the following vote:
Luther Jones
Edward L. Sample.
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner •
Cliff Zarsky
1_5'759