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Home My WebLink About16400 ORD - 07/22/1981sp;7/21/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DINERO OIL CORPORATION FOR PIPELINE ADJUSTMENTS ALONG THE CLARKWOOD DRAINAGE DITCH, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $42,338 OUT OF THE ND. 295 STORM SEWER BOND FUND, FOR PAYMENT TO DINERO OIL CORPORATION APPLICABLE TO PROJECT NO. 295-67-46, CLARKWOOD DITCH :.HIGHWAY 44 TO OSO CREEK; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Authorizing the City Manager to execute an agreement with Dinero Oil Corporation for pipeline adjustments along the Clarkwood Drainage Ditch, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $42,338 out of the No. 295 Storm Sewer Bond Fund for payment to Dinero Oil Corporation appli- cable to Project No. 295-67-46, Clarkwood Ditch - Highway 44 to Oso Creek. SECTION 3. That the necessity to execute the aforesaid agreement and to appropriate the sum hereinabove set out so that the adjustments along Clarkwood Drainage Ditch can be made at the earliest practicable date creates a public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduc- tion but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor or Council members, having de- clared that such emergency and necessity exists, having requested the sus- pension 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 2'2 -day of July, 1981. ATTEST: / / ity Secretary MAY APPROVED: )4L[IAY OF JULY, 1981 J. BRUCE SCK, CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS ilk'kDFII MF(1 36400 SEP 271984 AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, Texas, a municipal corporation and body politic operating under the home rule statute of the State of Texas, _ hereinafter called "City", and Dinero Oil Corporation, hereinafter called "Dinero", and pertains to the construction of Clarkwood Ditch, a joint City - State project within the city limits of Corpus Christi and the relocation of existing gas lines located within -the right-of-way of the Clarkwocd Ditch Drainage Project. WITNESSETH WHEREAS, Dinero has been requested by the City to adjust their existing facilities for the future excavation of the Clarkwood Ditch in the joint City - State drainage project; and WHEREAS, Dinero and the City have determined a means of adjusting said facility; and WHEREAS, the City has agreed to reimburse Dinero for expenses incurred in providing said work. NOW, THEREFORE, the City and Dinero agree as follows: 1. Dinero will relocate facilities they have immediately south of the existing State Highway 44 to the city limits of Corpus Christi with the exception of those facilities that are located within the right-of-way of the proposed State Highway 44. Said relocation shall consist of the removal of two 4 inch pipe lines and the relaying of one 4 inch pipe line parallel with the existing ditch and the relocation of two 211" pipe lines across Clarkwood Ditch and other work as indicated in EXHIBIT "I". 2. Dinero agrees to begin the relocating of said facilities no later than August 17, 1981. Work shall be completed by October 1, 1981. 3. The City will reimburse Dinero an amount not to exceed the contract amount indicated below or a lesser amount based on actual unit prices upon completion of work. ITEM ESTIMATED UNIT UNIT PRICE QUANTITY AMOUNT Take-up 4" pipe Foot $ 1.85 5,860 $10,841 Relay 4" pipe Foot $ 2.90 2,930 8,497 Replace 21/2" pipe crossings Each $11,500.00 2 23,000 Install 8" casing with 4" carrier pipe Foot $ 25.00 0 TOTAL CONTRACT AMOUNT $42,338 This payment shall fully compensate Dinero for all materials required, all labor, all tools, all equipment and all other incidentals required to complete the work as shown on EXHIBIT "I" and as agreed herein. 4. The City will provide inspection service for the purpose of measurement of quantities for payment to Dinero. 5. Dinero agrees to indemnify and hold harmless the City from all claims, suits, or liabilities of any kind whatsoever from the work performed under this agreement and agrees to perform all work in a good workmanlike manner. 6. This agreement shall be executed in two (2) copies, each of which shall be considered an original and shall become effective and be binding .upon and inure to the benefit of the parties hereto and their respective heirs, 'successors and assigns. WITNESS OUR HANDS this day of - "' , 1981. ATTEST: CITY OF CORPUS CHRISTI APPROVED: By City Secretary R. Marvin Townsend, City Manager day of ,1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ATTEST: DINERO OIL CORPORATION By - 2 - r .9/,1,//Po .1/L PiP. Z //t1 G 4 T /oAJ 4 G.C..4, /<' V/D .0/7 --CS --71,V0 r:7 # :eZ/f/.Es 72 154 447, SE,� IQ/ Z- SELT/ON DN SHEET , 5-E4)144cr2o, v' "'R o Awy 441 L, L, 4/KPORT .2I/2" PpEL/NE LRO53/NQ S (-E1-04ar4 y 4' o \ C� • $Rov �X1-1//5/7- 1- N ? ^7 b2RA- 5;4444 8 4s 4/.0/4 4 iE.0 /v /),<-;,47 1,141.414 .' 2'i1/ /4;46" "</T CGRP'/ 6,,,x/.%77 C Ty A7/444- 777:z. i/ ,Z)/it/.e) a4. e0. �'A,a4/iv e �.�LOG..47/ 1V Ar -CL 4KA' Woo C, ,7,E'4/'V44i- Di z" / " £ ,D.47-za ,4,44,4. /98? moP, Loz47-.e,v 6:5.4- 1"L/x% (/�'c 4 5) Two „ ,04i/5,61 P/-4-4/ i/os %D /pE _ , s 7 A14. / '-�- — 1'\ ttoN .CE. cr/! !wr 7; — % Ext tbRe CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 14, 1981 I certify to the City Council that $ 42,338 , 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. Project Name No. 295 Storm Sewer Bond Fund 295-67-46 Clarkwood Ditch: Highway 44 to Oso Creek from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Dinero Oil Corp. Agreement el, "I 44 n` FIN 2-55 Revised 7/31/69 19�/ Corpus Christi, Texas 2.2 -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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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. 190' Respectfully, Council Members Respectfully, The Charter rule was suspended by Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L.—Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky •The City of Corpus Christi, Texas MAYO Ar the following vote: passed by eaf_ ,'� - /` the following vote: 16400