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Home My WebLink About16180 ORD - 04/08/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY, DEVELOPERS OF BRANDYWINE SUB- DIVISION, UNIT 1, PROVIDING FOR CITY REIMBURSEMENT TO THE DEVELOPER FOR THE INSTALLATION OF A 12 -INCH WATERLINE FROM THE NORTH BOUNDARY OF THE BRANDYWINE SUBDIVISION ON RODD FIELD ROAD TO THE WEST BOUNDARY OF THE BRANDYWINE SUBDIVI- SION ON SARATOGA BOULEVARD, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; APPROPRIATING $17,856.02 OUT OF THE NO. 141 WATER FUND, ACTIVITY 541.61, CODE 248; 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 agree- ment with Nueces Development Company, developers of Brandywine Subdivision Unit 1, providing for City reimbursement to the developer for the installation of a 12 -inch water line from the north boundary of the Brandywine Subdivision on Rodd Field Road to the west boundary of the Brandywine Subdivision on Saratoga Boulevard, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated out of the No. 141 Water Fund, Activity 541.61, Code 248, the sum of $17,856.02 for the aforesaid reimbursement to the developer for installation of said water line. SECTION 3. The necessity to authorize execution of the aforesaid agreement at the earliest practicable date in order that water line construction may be completed at the earliest practicable date 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 exists, having requested the suspension of the Charter rule and that MICROFILMED SEP 2 71984 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 April, 1981. ATTEST: City Secretary MAY APPROVED: D DAY OF APRIL, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By ssistant Cit THE CITY OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS COUNTY OF NUECES 1 AGREEMENT This agreement is authorized by Ordinance No. and entered into by and between the City of Corpus Christi, Texas'a municipal corpora- tion, hereinafter called "City", and Nueces Development Company, a Texas corporation, 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 Ordin- ance and for improvements required by the City over and above those set forth in the Platting Ordinance in the development of Brandywine Unit IB. NOW, THEREFORE, for and in consideration of the mutual covenants and ' .conditions herein exchanged and agreed to be kept and performed, the City and the developer. agree as -follows: 1. The Developer will construct a 12" asbestos cement water line with appurtenances in Rodd Field Road beginning at Wooldridge Road, -extending to Saratoga Boulevard and then extending in a north-westerly direction down Saratoga Boulevard to the westernmost corner of Brandywine Unit IB, per attached Exhibit "A". This construction will be financed by the Developer. 2. The City agrees to reimburse the Developer as its share for the cost of the above stated construction, including engineering, and not to exceed:the sum of Seventeen Thousand Eight,Hundred Fifty Six and 02/100 ($17,856.02) Dollars, as shown on attached Exhibit -"B". -Such reimbursement will be made by the City to ' the Developer upon completion and acceptance of the improvements by the City. 3. The Developer agrees to indemnify the City against any claims arising as a result of the project. 4. 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. Executed in duplicate originals this• day of , 1981. ATTEST: CITY OF CORPUS CHRISTI _ ....Bya City Secretary R, Marvin Townsend, City Manager APPROVED: APPROVED: day of ✓:44.a , 1981 Assistant C%tjy�,Attorney ATTEST: NUECES DEVELOPMENT COMPANY AGREEMENT - BRANDYWINE UNIT IB - NUECES DEVELOPIENT COMPANY Page 2 of 2 • 11 tk) •••J c. 93' DRAINAGe' R.o.141 -1 fzu ' <94) 6 ROOD r /EGO R0,40 .7e;e8s2pafea ? _1,t 1VOOLDR/DGE • WATER CAVE* TINS PORTION OP wilTEPuiVE DRAINAGe R.O.W. TO DRAM/2O OVERSIZED FROM 8" 441? ro /2 "4CR OVERS/z/UQ TO NE P.410 BY CITY, • mis PaRT/ON C. a',4.c.R TO ese PAID BY OEVEZOPER. ORA//AG( R.O IV TO WOOCOR/OGE R040) . BRAWDYAIINE OricSITE /4/4 TER REIAISURSEMENT PLAN E xl-// a- '4 • 1V8 NO. 89 40/22 MARV/ 27, /98/ , $C4�: /"-.9001 PRINCIPALS WILLIAM B.OGLETREE, P.E. JAMES EGUNN, P.E. JOE H. BYRNE, P.E. NIXON M. WELSH, P.E C. MICHAEL HUBNER ASSOCIATE DANA A.BENNETT, A.P.A. OGLETREE, GUNN, BYRNE, WELSH & HUBNER ENGINEERS AND PLANNERS March 27, 1981 BRANDYWINE UNIT I WATER REIMBURSEMENT ESTIMATE (512) 883-7244 - P.O. BOX 3551- ZIP 78404 2816 N. SHORELINE, CORPUS CHRISTI, TEXAS WITHOUT OVERSIZING_ ITEM QUANTITY UNITDESCRIPTION UNIT PRICE. AMOUNT. 1. 2,817 LF 8" ACP $ 8.00 $22,536.00 2. '.5 -EA 8" Gate Valve With Box 410.00 2,050.00 3. 2 EA 8"-X 8" Tee 260.00 520.00 4. 7 -Ea 8" X 6" Tee 250.00 1,750.00 $26,865.00 WITH. OVERSIZING ' ITEM QUANTITY-' UNIT - _DESCRIPTION UNIT PRICE AMOUNT 1., 2,817 - __LF_ 11".... ACP $ 13.25 $37,325_25 2. 3 _EA 12" Gate_Valve With Box 1,000_00 3,000.00 3. 2 .EA 12"-X-8" Tee 350.00 700..00 4. 7A 12" X-6" Tee 350.00 2,450.00 $43,475.25 Construction Difference Plus 71/2% Engineering TOTAL REIMBURSEMENT EXHIBIT "B" $16,610.25 12,45.77 $17,856.02 ': CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) April 2, 1981 I certify to the City Council that $ 17,856.02 , 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. 141 Water Fund Project No. Activity 541.61 Code 248 Project Name Waterline in Brandywine Subdivision from which it is proposed to be drawn, and such money is not appropriated for any other purpose. oK 117,2,871.V', _ FIN 2-55 Revised 7/31/69 "x,17181 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, The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dunphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dunphy Leopoldo Luna Betty N. Turner Cliff Zarsky MAYO THE CITY OF CORPUS CHRISTI, TEXAS suspended b the following vote: ob÷o oals Its was passed by the following vote: .D C�y'il 1'180