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HomeMy WebLinkAbout15759 ORD - 09/10/19801p:9-10-80;1st 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. • 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 • 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. • 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 -2- iii . NI. ..a... Z. ..i . .y ` • ti; $N °��\ 7 _ �i iiia: 1• /.� rO C __^.•.ice,_ , ."..".a. W t p el; - /fy, T in_ ci ,11 e'........ EX /81 I II q" ui'0z . /�fl co CITY OF CORPUS CHRISTI, TEXAS • 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 • • , 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