The URL can be used to link to this page

Home My WebLink About16717 ORD - 11/18/1981i AN ORDINANCE AUTHORIZING EXECUTION OF AN ESCROW AGREEMENT WITH MARINA DEL SOL CONDOMINIUMS, DEVELOPER, PROVIDING FOR THE DEPOSIT OF THE SUM OF $10,000 IN AN INTER- EST-BEARING ACCOUNT FOR A TERM OF 120 DAYS TO INSURE COMPLETION OF AN EXISTING PRIVATELY OWNED SANITARY SEWER SYSTEM BY THE INSTALLATION OF AN AUXILIARY SEWER PUMP IN ACCORDANCE WITH RECOMMENDED ENGINEERING STANDARDS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. WHEREAS, the developer of the Marina del Sol Condominiums has constructed a privately owned sanitary sewer system serving said property located on the Glasscock Fill area and said sewer system is connected to another privately owned sewer system serving the Holiday Inn property,also located on the Glassock Fill; and WHEREAS, the recommendation of said developer's consulting engineer that the additional load on the combined systems necessitates an additional sewer pump to serve as an auxiliary is in agreement with sound engineering practice and such recommendation has been adopted by the City and imposed as a requirement and condition precedent for the acceptance of the sewer system as meeting City standards; and WHEREAS, it is estimated by the developer and its engineer that a period of 90 to 120 days would be required to obtain and install the required auxiliary pump; and WHEREAS, to allow developer to avoid delay in meeting its commit- ments for final inspections and closing transactions on condominium units, the City is agreeable to authorizing water and sewer service to the property, and to accept developer's escrow agreement to insure completion of the sewer system in accordance with City requirements: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with Marina del Sol Condominiums, developer, which pro- vides for the deposit of the sum of $10,000 in an interest-bearing account for a term of 120 days 'CO insure completion of an existing privately owned 16717 OFILMED SEP 2 81984 sanitary sewer system by the installation of an auxiliary sewer pump in accordance with recommended engineering standards, a copy of which agree- ment is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the aforesaid agreement to allow the developer to avoid delay in meeting its commitments for final inspections and closing transactions on condominium units, such finding of an emergench is made and declared requir- ing suspension of the Charter rule as to consideration and voting upon ordi- nances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this erUthe /R' day of November, 1981. ATTEST: Ci Secretary APPROVED: 18TH DAY OF NOVEMBER, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci orney MAYOR THE Y OF CORPUS CHRISTI, TEXAS AUXILIARY PUMP INSTALLATION AGREEMENT STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X THIS AGREEMENT (hereinafter referred to as "Agreement") made and entered into this the day of November, 1981, by and between the CITY OF CORPUS CHRISTI (hereinafter referred to as "City"), a Texas Home Rule Municipal Corporation, and MARINA DEL SOL, INC., a Texas corporation (hereinafter referred to as "del Sol"), for and in consideration of the mutual covenants and con- ditions provided herein agree as follows: WHEREAS, del Sol is the developer of Marina del Sol Condominium, a condominium project being located on the fol- lowing described property, to -wit: Lot Three (3), Block One (1), MARINA DEL SOL, a subdivision of the City of Corpus Christi, Texas, as shown by the map or plat thereof recorded in Volume 45, Page 66, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes; and WHEREAS, a Sanitary Sewer Design Summary and study was done by Urban Engineering regarding the private sewer system on the property, known as Glascock Fill, said summary being attached hereto as Exhibit "A" and incorporated by reference; and WHEREAS, del Sol has received notice from the City of Corpus Christi, attached hereto as Exhibit "B", same being a letter dated November 3rd, 1981 from James K. Lontos, Assistant City Manager, and citing therein a September 23rd, 1981 letter from the City of Corpus Christi, Gerald Smith, Acting Director of Engineering & Physical Development, said letter of September 21st, 1981 being attached hereto as Exhibit "C"; NOW, THEREFORE, for and in consideration of the mutual co- venants contained herein, the receipt and sufficiency of which is expressly acknowledged, the parties do hereby agree as follows: //_/1-P/ 1. At the execution hereof by del Sol, del Sol agrees to deposit with the Director of Finance of the City of Corpus Christi, as Escrow Agent, the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00), to be placed in an interest bearing account for the benefit of del Sol and held pursuant to the instruc- tions and agreements contained herein re- garding the retention and disbursement of said funds. 2. Marina del Sol, Inc. agrees to cause the installation of the Holiday Inn Lift Station auxiliary pump cited in the Urban Engineering Sanitary Sewer Design Summary and pursuant to design, specifications and plans from the said Urban Engineering as approved by the City Director of Engineering & Physical Development; provided, hnwPver, that del Sol hereby agrees that the installation of said auxiliary sewer pump shall be completed on or before the expiration of 120 days from date hereof. 3. The Director of Finance of City is instructed to pay from the escrow fund hereinabove described such amounts or sums as are verified by Urban Engineering and City Director of Engineering as are necessary and reasonable for the in- stallation of the hereinabove described Holiday Inn Lift Station -auxiliary pump. Payments from the said escrow fund as authorized may be made directly to any con- tractor or contractors, suppliers, or manu- facturers of the pump, or may be in the manner of reimbursement to Marina del Sol, Inc., or the City of Corpus Christi. 4. Upon completion of the installation of the herein described pump, and certification of same to Director of Finance, any balance of principal or interest in the herein described escrow fund shall be refunded to Marina del Sol, Inc. In the event the installation of the pump as herein described exceeds the amount in the escrow fund, del Sol shall be responsible for the excess installation cost of the pump. 5. City of Corpus Christi agrees to immediately install the water meter and provide full water service to the Marina del Sol Condominium Pro- ject, and issue Certificate of Occupancy for the Marina del Sol Condominium Project. 6. Del Sol shall be the recipient of any future funds which are forthcoming or recovered by cause of action or agreement or otherwise which relate to the expense or cost of the installa- tion of the herein described Holiday Inn Lift • Station auxiliary pump. It is expressly agreed by City and del Sol that any future participation in the cost by Scotch Investment Company or Holiday Inn regarding the cost of the said auxiliary pump shall be the property of Marina del Sol, Inc. -2- IN WITNESS WHEREOF, this Agreement has been executed by the respective parties on th_date indicated, and shall be effective on the date ofthe last party executing same. MARINA DEL SOL, INC., a Texas corporation DATE: November 13, 1981 By: ATTES T: Randall G. Stivers, Jr., President CITY OF CORPUS CHRISTI By: City Secretary APPROVED THE DAY OF , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By: Robert W. Coffin, Assistant City Attorney Ernest Briones, Acting City Manager ENGINEERING CORPUS CHRI5Tt. TEXAS P.0 COX tAM 78411 Z>-.3 ENVAHT/ER 11 .11 ' February 12,,.1981 • GLASCOCK FILL Sanitary Sewer Design Summary, Due to the fact that the Glascock Fill was added to the City after the collec- tion system along Ocean. Drive across from the fill was constructed, the exist- ing system adjacent to the tract was not adequate in either depth or capacity • to serve the tract. When the Holiday Inn was constructed, the City of Corpus •• Christi extended a I2" gravity main and 10" force main to serve the tract. In reviewing these improvement's, we have determined that the maximum capacity of this system is 1200 GAY. It is our opinion that the effective maximum should be limited to 1000 GPM design because this is a pressure system with multiple pump stations which allows pumps to operate above design rates when all pumps are not in operation., ' • • -The Holiday Inn Emerald Beach is pumping at.the peak 'rate of 400 GPM and the new Marina Del Sol will have'a peak of 300 GPX making -a total of 700 GPM. Based on the 1000 GPM maximum'flow which can be pumped into the existing sys- tem andhe=700-GPM which will -be pumped by`the-combined flow of the Holiday Inn and Marine -Del Sol, it will leave only 300 Cpm capacity in the:system. The Marina Del Sol system and force main is designed so that'this additional 300 GPM can be added by mains of an additional lift station which could be connected to the Marina Del Sol force main. - St becomes readily apparent that this_300_GPM is•eguivaient to approximately one more Marina Del Sol development and at that point it will load the exist- ing system to capacity or an equivalent expansion' of the Emerald Beach would also use up the capacity. Since the amount of vacant land between Marina Del 5o1 and Emerald Beach indicates that ultimately it is possible that a density greater than one additional Marina Del So1 could be constructed, we have in- vestigated a future source of sewer service. At this time :it appears that this additional capacity is available in 7th Street. This Would regu.ire the construction of a line from the project to 7th Street and a lift station to pump this additional flow. • The Holiday Inn system is a private lift station -and, force main and'the Farina Del Sol is also a privately operated and maintained system. It will be up to the private users of the system to develop joint maintenance agreements on the force mains. Also, the additional flow from the Marina Del Sol has increased the loads on the existing 10" force main to the point that the two small pumps in the Emerald Beach lift -station are hot effective when the other station is in operation, so the plan proposes adding a new pump to the Emerald Beach station so it will have dual pumping which will operate under the new load conditions. • EXHIBIT "A". S. II_ Marina Del Sol Marina Del Sol Sanitary Sewer n. 4 Present: Flyght Duplex C3201.w/435 imp. Lift Station with 10" Force Main rated • B.. Future: Additional 300 -GPM Capacity Lift Station Holiday Inn Emerald Deach Sanitary Sewer Facility A. Existing:: .1) Smith and Loveless Duplex Model rated at 200 GPM 8 15' TDH 2) Hydro -Matic Model 40H; 9/32" Dia. imp.; 5 Hp • 1740 Rpm Motoi- estimated rating 400 Gpm 0 30' TDH 3) 3298 Ft. 10" C.I.P. Force Main Pco_vse3: 2) Mo -;=:y _tie ,_ is _ng facility as ruguired III Receiving System A. _Capacity_ 12" V.C.P. 0 11.56% = 1200 Cpm 2V Lift Station Capacities A. Holiday Inn -Alone (Estimated) 400 Gpm D. 4B2 Lift Station B. Marina del Sol Alone 545 Gpm C. Holiday Inn & Marina del Sol 800 Gpm D: Future Marina -del Sol and Holiday Inn . 960 Gpm `3* .2CO;'-.230j460,'5757=- 10 16 1, 0. 1 1 1,0 3.6 3.2 2, 0 M• Fj 65 June? arch? 6 2 0 o.,// to 55 50 15 NOT FOR CT VERSIONS K! 0 �r- ;i r_ . II 0' L'1 ' v 3,6 `¢ 3.2 m 2.0 ❑ • 7 W oh N.t ti v 11 Ca tr 1. YeiJ�,, tic 414 r 10 ..35 30 25 20 10 0 • ��t fjP"- 100 -200 300 100 500 600' 700 5 ";10` .25 20 " 25 30 35 - 40 •15 50 LPs cl 10 11-1 r.I �k?Gt• _► Md4zir.1/1 tat_ StL 2R U z w 00 0 u CD 111 U 10 .1 20 rC •o 000 USGPp1- FLOW PERFORMANCE CURVES ARE BASED ON TESTS • WITH CLEAR WATER AT AMBIENT TEMPERATURE. FLYGT CORPORATION 129 GLOVER AVE„ NORWAL �' x. C T .. 06u 356 25 4B2 ' SEWAGE PUMP CONSTANT . SPEED PERFORMANCE 875 RPM S4L22 IMPELLER MAXIMUM SOLID - 5 " SPHERE 15 e .4 0 200 '400 U.S. GALLONS PER MINUTE • 600 LUTMZA CIITY. OP CORPUS CIIPISTI, TEXAS "$;ii� \ Fe r • -- .lam• /��-� K ...�• .r_ _.._-__ AYOR PRO 7E4 XCTTY N. TURNEN rOUNCIL MEMBERS J.CK X.DUMPNY • CHY LC „Cr .w I Pa. CHwBLEn W. ICENrIEOY, JR. Corr SAN SXY 5*' november 3, 1981 .i.i Mr. Randal G. Stivers - Marina del Sol, Inc. - Commerce One, Suite 44 4455 South Padre Island Drive Corpus Christi; Texas 78411 . - Subject: Marina -del Sol , . Dear Mr.•Stivers: - CITY MANA[:cp CITY'SECRCTARY BILL O. BCA, CITY orric ES 302 LOUTH SMORILU.. POST of rICC9251 ONE [ 123 vB.4•mw: 1.11" COOC 7.1.1C0 .The purpose of this letter is to reiterate 'the City's concern relative to the status of the Holiday Inn lift station north of the Marina del Sol develop -lent- You have previously been advised by the City (letter of September 21, 1931) that a deficiency will exist at the Holiday Inn lift station as a result of - the Marina del Sol sabitary,sewer system being put into operation.' This matter was brought to the City's attention by your Engineer, Urban Engineering, when he prepared the -sanitary sewer service plan for Marina -del Sol. .' • The letter of September 21st'also advised you that the Ci -Ey expected the Marina del Sol developer to take the.initiativd and have the Holiday Inn lift station problem corrected concurrently with the Marina del Sol system going into operation. The problem has'occurred because of the additional flow from the Marina del Sol, thus, it must be resolved as soon as possible. .The City considers it to.be a very serious problem and one which could vitally affect the•health and welfare of.citizens'utilizing the Holiday Inn. - Until such time as a solution is found.and is acceptable to.the City, the City will withhold the installation of the water meter and the certificate of occupancy for the Marina del Sol, as we'feel that Marina del' Sol is.the respon- sible developer to correct the problem. - With the exception of the lift station question,'a11 other pending matters on the project have been completed to the City's satisfaction. We regret this 'action, but it reflects the seriousness with which we view this matter. , . Sincerely 1 JKL/ajr • cc: Ernest Briorres Tom Utter • - Bill Hennings Doug Matthews' Y James K. Leiito< _ .E. Assistant City Manager Bruce Aycock Gerald Smith, P:E. Gerald Pascador - ... EXHIBIT "B" CITY Of: CORPUS CBPTSTI, TP-ixAS . ti Frush /.?"*. ..A100 .•AYOP PRO TCM PETTY H. TLRnER '-OJNCIL. MEMDCRS JACK K. DIJAERHY noa COLLEY HERBERTL. R w. KEuwEDY CHARLES. . JR. ELirr 2ARSKY Mr. Randal G. Stivers Marina Del Sol, Inc. 4455 South Padre Island Drive Suite 44, Commerce One Corpus Christi, TX 78411' Subject: Marina Del Sol Dear Mr- Stivers: September 21, 1981 CITY Mpuh G[R . ww V.n iO rin�C r.D CITY SECRETARY DILL D. READ CITY OFFICES• 302 SOUTH DRELHJE PODK 92•22. RHONE LS1Dj P ..DO4I • •21P CODE 9a4Da • As the Marina Del Sol development project is nearing completion, the City . has been reviewing the method of Sanitary sewer being provided by the developers for all of the former Glascock Fill property. We are_aware that you are installing a lift station and a force main to service the Marina Del Sol complex. In reviewing the.recent work done by Urban Engi— neering, and in analyzing.the sewer system on the Glascock Fill property,' the Urban analysis states that additional work should be done at the Holiday Inn lift station.-. The Urban Engineering Design Summary of February 12, 1981, makes reference to the Holiday Inn lift station being•inadequate when both the Holiday Inn lift station and the Marina Del Sol lift station are in operation. Quoting from the Urban report; the conclusion is as follows: "Also, the additional flow from the Marina Del Sol has increased the loads on the existing 10" force main to the point that the two small pumps in the Emerald Beach lift station are not effective when the other station is in operation, so the plan proposes adding a new pump to the Emerald Beach station so it will have dual pumping which will operate under the new load conditions." " . The plan referenced in the'Urban Design Summary is`that of providing an addi— tional pump to -supplement the pumping'capacity,of the Holiday Inn lift station. You have previously been'furnished a copy.of the Urban Design Summary along with a copy of the plan which indicates the location of the additional pump for the Holiday Inu station. At this time It appears to the City that no effort has been macre to upgrade the Holiday Inn lift station per the Urban Engineering's findings., If you have -been in contact' with the Holiday Inn people or someone from your firm has attempted to either work out this pro— blem with Holiday Inn or otherwise inform them of Urban's findings, we would appreciate having that information. The City's concern is one of a viable, operational, effective system of pump stations•on the former Glascock Fill EXHIBIT "C' ,Ramat 6. Jtiverr, -ina Del Sol) ember 21, 1981' -_tee two prLperty. U less something is done to the Holiday Inn lift station, which alterations are obviously a result of the new Marina Del ;Sol lift station, •:f it appears that substantial problems could result. Based on the above, it appears that either the /farina Del Sol developer or the Holiday Inn interests must take the initiative to have the lift station problem corrected at the Holiday Inn. As this is a.matter of some concern to the City, we are requesting that the matter be resolved concurrently with the Marina Del Sol lift station going into operation. As all sewer systems on the former Glascock Pill property are private systems, we are asking that you advise the City how and when the additional pump capacity at the Holiday Inn site is to be installed. GS:das • • c • c: Urban Engineering - Douglas'Matthews Tames K. Lontos cerely, Gerald Smith, P.E., Acting Director.` Engineering & Physical Development • • Corpus Christi, Texas fri day of , 1981 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, Council Members The above ordinance Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR THE CI 1 A Act.... OF CORPUS CHRISTI, TEXAS was passed by the following vote: 16'717