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Home My WebLink About16851 ORD - 02/03/1982jkh:2-1-82;lst • AN ORDINANCE. AMENDING THE AGREEMENT AUTHORIZED BY ORDINANCE NO. 16272, APPROVED BY THE CITY COUNCIL ON MAY 27, 1981, RELATING TO SANITARY SEWER CONSTRUCTION IN RETTA DRIVE AND PARK STREET PAVING REIMBURSEMENT, BY DELETING THE PRESENT PARA- GRAPH NUMBERED 5 AND IN LIEU THEREOF ADOPTING NEW PROVI- SIONS RELATING TO DEVELOPER PROVIDING LETTER OF CREDIT, ALL AS MORE FULLY SET FORTH HEREINAFTER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the agreement authorized by Ordinance No. 16272, approved by the City Council on May 27, 1981, between the City of Corpus Christi and Buddy Seeds, developer of Retta Estates Subdivision, relating to sanitary sewer construction in Retta Drive and reimbursement for paving of streets abutting a public park, be amended by deleting the present para- graph numbered 5 and in lieu thereof adopting new provisions reading as follows: 5. Prior to acceptance of Unit One of the subdivision by the City, Developer agrees to pay the City $11,671.80 and provide the City with an irrevocable letter of credit for $20,000, to be used to install a sewer line to provide sewer service for residents on Retta Drive in the event Developer has not started construction on said sewer line by September 1, 1982. Developer will also provide City with a minimum 10 -foot wide utility ease- ment west of Retta Drive along future Montreal Drive prior to acceptance of Unit I should City decide to construct sewer line. If Developer installs line for Retta Drive residents, City agrees to pay Developer $12,223.44 as shown in Exhibit "A" and return the $20,000 letter of credit to the Developer. 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 for amending the agreement heretofore entered into between the City and developer for reimbursement of developer for subdivision improvements, 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 16851 sEp 2 8 1984 MICROFILMED meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this, Iday of February, 1982. ATTEST': 4:56CXr C y Secretary P5ZeD: DAY OF FEBRUARY, 1982: J. BRUCE AYCOCK, CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS AMENDED AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, by authority of Ordinance No. 16272, passed and approved by the City Council on May 27, 1981, the City Manager entered into an agree- ment with Buddy Seeds, developer of Retta Estates Subdivision, concerning the City's share of the cost of improvements as set forth in the Platting Ordinance and for improvements agreed to by the City and Developer in the development of Retta Estates Subdivision; and WHEREAS, said agreement provided for City and Developer sharing the cost of a sanitary sewer line in Retta Drive with the line being installed concurrently with the subdivision, but the subdivision is being developed in two units and Developer desires to defer the line construction; and WHEREAS, the parties to the agreement are agreeable to amending the provisions of the aforesaid agreement: NOW, THEREFORE, paragraph numbered 5 of the original agreement is hereby deleted and in lieu thereof, the following provisions are agreed upon: 5. Prior to acceptance of Unit One of the subdivision by the City, Developer agrees to pay the City $11,671.80 and provide the City with an irrevocable letter of credit for$20,000, to be used to install a sewer line to provide sewer service for residents on Retta Drive in the event Developer has not started construction on said sewer line by September 1, 1982. Developer will also provide City with a minimum 10 -foot wide utility easement west of Retta Drive along future Montreal Drive prior to acceptance of Unit I should City decide to construct sewer line. If Developer installs line for Retta Drive residents, City agrees to pay Developer $12,223.44 as shown in Exhibit "A" and return the $20,000 letter of credit to the Developer. Except as hereinabove provided, the terms, conditions and provisions of the agreement authorized by Ordinance No. 16272 and previously executed by the parties hereto shall be and remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS this the day of February, . 1982. ATTEST: CITY OF CORPUS CHRISTI By City Secretary APPROVED: DAY OF FEBRUARY, 1982: Ernest M. Briones Acting City Manager J. BRUCE AYCOCK, CITY ATTORNEY APPROVED: By Assistant City Attorney Assistant City Manager Buddy Seeds DEVELOPER THE STATE OF TEXAS • 1 COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared ERNEST M. BRIONES, Acting City Manager of the City of Corpus Christi, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated. 1982. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of February, Notary Public, Nueces County/State of Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared BUDDY SEEDS, known to me to be the person whose name is subscribed to the fore- going instrument and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed. 1982. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of February, Notary Public, Nueces County/State of Texas Page 2 - Amended Agreement between City of Corpus Christi and Buddy Seeds AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES I This Agreement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter called "Cit};", and Buddy Seeds of Corpus Christi, developer of Retta Estates Subdivision, herein- after referred to as "Developer", and pertains to the City's share of the cost of improvements as set forth in the Platting Ordinance and for improvements agreed to by the City and Developer in the development of Retta Estates Subdivision, as shown on the plat attached hereto, marked Exhibit "B".. NOW, THEREFORE, City and Developer agree as follows: 1. Developer will construct street improvements on and along Furgale Drive and Vialoux Drive which abut the dedicated City park with a minimum 8 -inch caliche base topped with 11/4 inches of hot -mix asphaltic concrete, said construction to be contracted for and financed by Developers. 2, City agrees to pay Developer its share of the cost of the above stated construction the sum of $14,255.15, for one-half the street construction costs as shown in the attached Exhibit "A", which sum shall be paid to the Developer upon completion of construction and acceptance of the construction by the City. 3. Developer agrees to construct an 8 -inch diameter gravity sanitary sewer in Retta Drive per the attached Exhibit "B". City will pay Developer for one-half of cost of said line plus future pro -rata front foot charges of $2.00 per foot for property to be served by the line on the south side of Retta Drive. Computations for this are shown in Exhibit "A". 4. Developer agrees topay City the sum of $600.00 per acre for the northwest 19.453 acres of Retta Estates Subdivision, or $11,671.80, as shown on Exhibit "A". 5. Prior to acceptance of the subdivision by the City, Developer agrees to pay the City a total of $11,671.80 which represents the acreage fee and the City agrees to pay the Developer a total of $12,223-:44 which represents one-half the cost of the sanitary sewer line installation in Retta Drive as. detailed in Exhibit "A", plus future pro -rata sewer charges tu be collected by the City. 6. Developer agrees to indemnify City against any and all claims arising our of the construction of the aforesaid improvements. EXECUTED IN DUPLICATE ORIGINALS, this the day of , 1982 ATTEST: CITY OF CORPUS CHRISTI -1 By City Secretary 1 Ernest M. Briones, Acting City Manager THE STATE OF TEXAS COUNTY OF NUECES I BEFORE ME, the undersigned authoritypa,this day personally appeared Ernest M. Briones,.iknown to me to be the/eteganager of the City of Corpus Christi, Texas, and the same person who signed the foregoing instrument, and acknowledged to me that he executed the same as the act of the City of Corpus Christi, and as City Manager thereof, for the purposes and considerations therein expressed. GIVEN UNDER MY AND AND SEAL OF OFFICE, this the day of. , 1982 Notary Public in and for State of Texas APPROVED AS TO LEGAL FORM THIS J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney DEVELOPER: Buddy Seeds DAY OF " , 1982 THE STATE OF. TEXAS I COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared BUDDY SEEDS, known to me to be the person whose name is subscribed to this instrument and acknowledged to me that he has executed the same for the purposes and considerations therein expressed and in the capacities stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1982 Notary Public in and for the State of Texas -2- SANITARY SEWER LINE COST - RETTA DRIVE 1. 8" V.C. Pipe, 8-10' Cut 151 LF @ $ 17.00 $ 2,567.00 2. 8" V.C. Pipe, 6-8' Cut 604 LF @ $ 15.00 9,060.00 3. 8" V.C. Pipe, 0-6' Cut 330 LF @ $ 13.00 4,290.00 4. 18' X 8" C.I. Pipe 4 EA. @ $320.00 1,280.00 5. 4' Dia. Manhole, 6-8' Deep 2 EA. @ $900.00 1:800.00 6. 4' Dia. Manhole, 0-6' Deep 2 EA. @ $800.00 1,600.00 SUB -TOTAL $20,597.00 Front footage on existing subdivision, east side of Retta Drive - 1246 feet (1) City's Share of Costs $20,597 - $2(1246) 2 = $9,052.50 (2) Engineering Fees 71/2% ($9,052.50) = 678.94 Subtotal $9,731.44 (3) Future Pro-rara Fee $2(1246) 2,492,00 TOTAL CITY COST $12,223.44 Acreage Fee (19.453 Acres) 19.453 8 $600 = 11,671.80 ' PARK REIMBURSEMENT COSTS 1. Street Excavation 500 CY @ $1.30/CY $ 650.00 • 2. Subgrade Preparation 1064 CY @ $0.25/CY 266.00 3. Compacted Caliche Base 923 CY @ $3.45/CY 3,184.35 4. Prime Coat 923 CY @ $0.30/CY 276.90 5. 11/2" Hot Mix Surface -923 CY @ $3.65/CY 3,368.95 6. ,6" 'L' Curb 488 LF @ $5.50/LF 2,684.00 7. 4" Thick Concrete%Walk 1952 SF @ $1.45/SF 2,830.40 SUB -TOTAL $13,260.60 71/2% Engineering 994.55 TOTAL $14,255.15 EXHIBIT "A" 1 : Ex/ -//BIT ..5-EiXtf->8A Y" t 4'E7.7;9PLA.f.'E ( i • I .. . . -I . ,. ' . . .,. -.. . • . 4 T • p4-4..; c;-efititc7-Re/ el , ,• 'T.-, • . tf. .. ...-:-..> g -- c : :. '-1,t9./eA-7,1, ;:i.c•-: . . • --c..,..:, , ,------.-:-......:7- ,.--., -n•_- .._ 1::: \%rk / _,--,---,-/ • . ..." ...:•--,' — _ • • - - c / • Corpus Christi, T xas i(/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 or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/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 CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the fol wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky - 16851