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Home My WebLink About15916 ORD - 11/26/1980vp:11/25/80:1st t AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, DEVELOPER OF THE WOODLAND CREEK SUBDIVISION, UNIT 5, PROVIDING FOR CITY PARTICIPATION IN THE OVERSIZE/OVERDEPTH OF A SANITARY SEWER EXTENSION TO SERVE ADJACENT PROPERTY, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $22,139.09 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, APPLIC- ABLE TO PROJECT NO. 250-77-34, WOODLAND CREEK SUBDI- VISION UNIT 5, OVERSIZE/OVERDEPTH OF SANITARY SEWER LINE; 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 agreement with Nueces Development Company, developer of the Woodland Creek Subdivision, Unit 5, providing for City participation in the oversize/overdepth of a sanitary sewer extension to serve adjacent property, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $22,139.09 out of the No. 250 Sanitary Sewer Bond Fund, applicable to Project No. 250-77- 34, Woodland Creek Subdivision Unit 5, Oversize/Overdepth of Sanitary Sewer Line. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the sums set forth in order that the oversize/ overdepth of a sanitary sewer extension to serve adjacent property may be completed at the earliest possible date, creates a public emergency, requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of November, 1980. ATTEST:"10` /�G/i/ O�J�A' City" Secretary MAY APPROVED: __DAY OF NOVEMBER, 1980: J. BRUE AYCOCK, CITY ATTORNEY By 49 Assistant C 'ttorney THE CITY OF CORPUS CHRISTI, TEXAS IIICROEILM 5916 ($UP271.9Cry re AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Nueces Development Company, hereinafter referred to as "Developer", and pertains to the City's share of the cost for improvements when City participation is set forth in the Platting Ordinance and for improvements required by the City over and above those set forth in the Platting Ordinance• in the development of Woodland Creek Subdivision Unit V. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein exchanged and agreed to be kept and performed the City and Developer agree as follows: 1. The Developer will construct a 15" vitrified clay sewer line from the easterly boundary of subdivision and Pernitas Creek Drive westerly through Lots 11, 12, and 32, Block 11 and across Woodland Creek Drive to Station 4+45.00. This 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 Map, marked "Exhibit A", attached hereto and made a part hereof for purposes of this agreement, the amount of City reimbursement to the Developer shall not exceed Twenty—two Thousand One Hundred Thirty—nine and 09/100 Dollars ($22,139.09). Such reimbursement will be made by the City to Developer upon completion and acceptance of the improvements by City. 3. The Developer agrees to indemnify the City against any claims arising as a result of the project. EXECUTED IN DUPLICATE ORIGINALS this the day of , 1980. ATTEST THE CITY OF CORPUS CHRISTI APPROVED: day of ,1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS X COUNTY OF NUECES By R. Marvin Townsend, City Manager NUECES DEVELOPMENT COMPANY By John B. Davis, President Before me, the undersigned authority, on this day personally appeared JOHN B. DAVIS, 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 therein stated. Given under my hand and seal of office this the day of , 1980. Notary Public in and for Nueces County, Texas Woodland Creek Subdivision Unit,V - 15" V.C.S.L. Page 2 C JtJ/ / x of D/TCH ! t Or TO/i.. AT/ON,.Q . SEWER LSO' iy FIST. lys�-/ ST,q O,GD tRLP •1.1 T/ .':F EXCAv.4T,6,v j' O ,, �`� k, \ \ • v';cP. san sw� -, 1.,,„`., ,,_ k757/.v6 b' vCP; � 't :/* 5TOY R� v� ,� '� '-----• -� l" T Q - '%RN SEWER. (V� (, -1N OF NS LNSTALL ED `� -'Y OF /0"!/CP. SAN. SEWER- .J /NSU4E THAT DITCH Q .- ,...4 ON V/OLET ROAD. ,•:."H E TO BE EVAL. SHALL MANTA/q/ '.;; TH• '.i SHALL 8E6/4/ THE /NST„uLED CONTRACTOR TO END THAT .. u -3/vSEWER Mt U/yLC) /.5-3".O6 • (p5- /x£•7/3 EX. T� 29",4C 6p, p,IC'• ,vo BL. F. 8" YCI? 0.1% 1/ c r• I'] 67D L:,YE 5774 PARK , "POP _A:. / I • 8'�iC.o F•2 STa. 3, eo f DR/!YE pRO.•:'BAC.R.f Era9. s7.74.<K=69 PLUG ,O DErOND ExAtayr ;4" W00DLAND CREEK UNIT V SANITARY SEWER REIMBURSMENT 1. 15" VCP, 18'-20' Cut 445 LF 37.00 $16,465.00_ 2. Embedment for 15" VCP 445 LF 7.10 3,159.50 3. Remove and Replace Drop Connection 13 LF 40.00 520.00 4. Remove -and Replace Exist- ing 8" VCP 25 LF 18.00 450.00 TOTAL SANITARY SEWER REIMBURSMENT $20,594.50 7 1/2% Engineering 1,544.59 TOTAL $22,139.09 NMW/klh Ex/4/8/r "0" CITY OF CORPUS CEEgSTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 14, 1980 I certify to the City Council that $ 22,139.09 , 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 Project No. 250-77-34 Project Name Woodland Creek Subdivision Unit 5; Oversize/Overdepth 250 Sanitary Sewer Bond Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 970.v-- 014, 19P-0 11./ ' ' 1 } FIN 2-55 i Revised 7/31/69 Corpus/Christi, as 24 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. 19P Respectfully, MAYOR THE TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend by the following vote: Luther Jones Edward L. Sample Dr. Jack Best _ David Diaz Jack K. Dumphy Betty N. Turner 1 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 1581€;