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Home My WebLink About16465 ORD - 08/12/1981TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLE- MENT AGREEMENT WITH DR. W. R. HUBLER, SR. ARISING OUT OF CAUSE NUMBER 74-3977-E, ENTITLED W. R. HUBLER VS. CITY OF CORPUS CHRISTI, 148TH DISTRICT COURT, NUECES COUNTY, TEXAS, TO REQUIRE DR. HUBLER TO CONSTRUCT A LIFT STATION AND CERTAIN SEWER LINES TO SERVE THE AREA BOUNDED BY ENNIS JOSLIN ROAD, SOUTH PADRE ISLAND DRIVE AND THE GAYO DEL OSO, WITH THE CITY CONTRIBUTING UP TO $50,000 TOWARD CONSTUC- TION; APPROPRIATING $50,000 OUT OF THE NO. 250 SANI- TARY SEWER BOND FUND FOR THE CITY'S SHARE OF CON- STRUCTION COST OF SAID LIFT STATION AND SEWER LINES, AS PROVIDED FOR IN THE ATTACHED AGREEMENT, APPLICABLE TO PROJECT NO. 250-67-54, McARDLE LIFT STATION AND FORCE MAIN; AND PAYING FOR THE DIFFERENCE IN THE COST ATTRIBUTABLE TO OVERSIZING THE FORCE MAIN; AND FUR- THER PROVIDING THE CITY MAKE UP TO 5,000 CUBLIC YARDS OF LANDFILL MATERIAL AVAILABLE, WITH LOADING AND TRANSPORTATION AT DR. HUBLER'S EXPENSE; AND PROVIDING FOR DISMISSAL OF SAID LAWSUIT AND RELEASE OF ALL CLAIMS IN CONNECTION WITH HIS FORMER OCEAN DRIVE PROPERTY AND HIS PRESENT SOUTH PADRE ISLAND DRIVE PROPERTY; ALL AS MORE SPECIFICALLY SET FORTH IN THE SETTLEMENT AGREEMENT A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "1"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a settlement agreement with Dr. W. R. Hubler, Sr. arising out of Cause No. 74-3977-E, entitled W. R. Hubler vs. City of Corpus Christi, 148th District Court, Nueces County, Texas, to require Dr. Hubler to con- struct a lift station and certain sewer lines to serve the area bounded by Ennis Joslin Road, South Padre Island Drive and the Cayo del Oso, with the City contributing up to $50,000 toward construction, and paying for the difference in the cost attributable to oversizing the force main; and providing for dismissal of said lawsuit and release of all claims in con- nection with Dr. Hubler's former Ocean Drive property and his present South Padre Island Drive property, all as more specifically set forth in the settlement agreement, a substantial copy of which is attached hereto as Exhibit "1". SECTION 2. That there is hereby appropriated $50,000 out of the No. 250 Sanitary Sewer Bond Fund for the City's share of construction cost of said lift station and sewer lines as provided for in the attached MICROFILMED 16465 SEP 2 71§8d" agreement applicable to Project No. 250-67-54, McArdle Lift Station and Force Main. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for settlement of pending litigation by executing the above settlement, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordi- nance is passed and shall take effect upon first reading as an emergency measure this . day of ATTEST: „6.e.c21.4eze._ Secretary APPROVED: _jDAY OF ,Qu , 1981: J. BRUCE AYCOCK, CITY ATTORNEY By ttorney Assist. Ci �� , 1981. 41, Aggr THE CITY OF CORPUS CHRISTI, TEXAS SETTLEMENT AGREEMENT Whereas, Dr. W. R. Hubler, Sr. of Nueces County, Texas, as Plaintiff and the City of Corpus Christi, Texas, as Defendant, are presently the parties engaged in a lawsuit styled W. R. Hubler vs. City of Corpus Christi, Cause Number 74-3977-E, before the 148th District Court of Nueces County, Texas; and Whereas, in order to amicably resolve all outstanding differences between the parties, the parties have entered into this settlement agree- ment; Now, therefore, the parties agree to the following terms and conditions: 1. The City agrees to participate up to a maximum of $50,000 in the construction of a lift station upon the Hubler property and sewer lines and mains in accordance with and meeting the capacity and other requirements of the City's Master Plans for sewage to serve the area including and in the vicinity of the property now owned by Dr. W. R. Hubler adjacent to South Padre Island Drive near South Bay. The service area of said lift station will be as follows: Beginning at the intersection of the southern boundary of the Pelican Bay plat and the shoreline of the Cayo del Oso, westward along the aforesaid southern boundary of the Pelican Bay plat, then southward along Ennis Joslin Road to its intersection with South Padre Island Drive, and then in an easterly direction along South Padre Island Drive to the west bank of the Cayo del Oso, and then north and west along the said shoreline of the Cayo del Oso to its intersection with the southern boundary of the Pelican Bay plat, the place of beginning. The required force mains shall extend from the Hubler property along exist- ing or to -be -acquired rights-of-way to connect with the City's existing sewer main located in McArdle Road near its intersection with Ennis Joslin Road. Upon approval of the plans submitted pursuant to paragraph 3, the City will make application to the Texas Department of Highways and Public Transportation for necessary permits to locate the line in the right-of-way along South Padre Island Drive. The City will permit the installation of the lines from the South Padre Island Drive right-of-way, along Ennis Joslin Road to connect with the City's existing sewer main. In addition, Dr. Hubler shall build as part of said project a 12 -inch gravity line from the aforesaid lift station to a location where the elevation is sufficient to intercept the present lift station in South Bay by gravity in order for the present lift station to be eliminated. The approximate point in Dr. Hubler's east property line to which he shall be obligated to connect the new lift station by said 12" line is marked in red on the map attached as Exhibit A. The City will then construct and be responsible for the cost of connecting to the present lift station site the aforesaid Dr. Hubler-constructed 12 -inch gravity line. Each party will be responsible for the costs of obtaining neces- sary rights-of-way for those portions of the mains and lines for which that party is responsible for construction, respectively. 2. In addition to the items provided in paragraph 1, the City agrees to pay for the difference in the cost attributable to oversizing the force main to be constructed from the aforementioned lift station to the City's existing sewer main located in McArdle Road near its intersection with Ennis Joslin Road. For purposes of determining such oversizing, it is agreed that the said force main which Dr. Hubler would have been required to construct in the absence of this agreement would have been no greater than 6 inches. 3. The construction by Dr. Hubler of such lift station and sewer mains and lines need not be accomplished until Dr. Hubler shall give 30 days advance written notice to the City Manager of his intention to commence said project and Dr. Hubler grants all required easements.• All plans for the construction of all improvements described herein must be approved by the Department of Engineering and Physical Development of the City, which approval will not be unreasonably withheld. 4. The City agrees to cooperate with and use its best efforts to develop with Dr. Hubler a viable plan, consistent with all governmental laws and regulations, to address the channel right-of-way for drainage and sanitary sewer crossing adjacent to Dr. Hubler's property on South Padre Island Drive in order to prevent further erosion along said Channel. 5. The City agrees to make available to Dr. Hubler, without charge, at its Westside Landfill site such transportation being at his cost, up to 5,000 cubic yards of landfill material for use in filling areas on his property located adjacent to South Padre Island Drive. Dr. Hubler will be responsible for arranging with a private contractor to transport such landfill material to his property. The transportation, loading and unloading of such landfill material will be at Dr. Hubler's sole cost and expense. 6. Dr. Hubler will dismiss with prejudice his presently pend- ing lawsuit, Cause Number 74-3977-E in the 148th District Court of Nueces County, Texas, against the.City and execute a release forever of all claims against the City arising out of the City's acquisition of Dr. Hubler's property on Ocean Drive, which is the subject of said lawsuit, and all past or present claims against the City, if any, for damages to his property adjacent to South Padre Island Drive. 7. Within 30 days of presentation to it of a bill from one or more contractors for performance of work covered by paragraphs 1 and 2 above, City will pay to whom requested the amounts of said bills cover- ing work described in paragraph 1 up to, but not exceeding $50,000.00 and will pay the differential cost described in paragraph 2 as certified by the lowest differential shown by two contractors who have submitted bids in conformity with the City's usual bidding procedures 8. This agreement shall be enforceable by, and inure to the benefit of all heirs, successors, or assigns of the parties. Executed this day of August, 1981. ATTEST: Bi . Read, City Secretary APPROVED: — DAY OF J. BRUCE AYCOCK, CITY ATTORNEY . W. R. Hubler CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager , 1981: ssis,fnt ( ty ttorney eFr� ontos, t ity Manager • i 5 0S 14 PRoPosEc) LIFT •STAill to CAPA4vrl 'rOP rc1.. =.13.0; Otorroif 1; • ••1": fr 1,I= ISLAM CR. CITY OF ODRPUS CHRISTI, TEXAS CERTIFICATTM OF FUNDS (City Charter Article IV Section 21) August 12, 1981 I certify to the City Council that $ 50„000 , 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 -67 - Project Name McArdle Lift Stations and Force Main from which it is proposed to be drawn, and such money is not appropriated for any other purpose. _ Des for o F .1447 d s6. FIN 2-55 Revised 7/31/69 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Corpus Christi, Texas /I day of 1981 Council Members MAYOR THE CI SOF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. .Dr. Charles W. Kennedy Cliff Zarsky 18165