HomeMy WebLinkAbout16904 ORD - 02/24/1982AN ORDINANCE •
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND BUDDY SEEDS, DEVELOPER OF RETTA ESTATES SUBDIVISION,
PROVIDING FOR PAYMENT OF AN ADDITIONAL $1,339.45 FOR
INSTALLATION OF A SANITARY SEWER LINE, ALL AS MORE
FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; APPROPRIATING $1,339.45 OUT OF THE
NO. 250 SANITARY SEWER BOND FUND FOR PROJECT NO. 250-
77-35, RETTA DRIVE SEWER LINE INSTALLATION; 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 and he is hereby authorized
to execute an amendment to the agreement between the City of Corpus Christi
and Buddy Seeds, developer of Retta Estates Subdivision, providing for payment
of an additional $1,339.45 for installation of a sanitary sewer line, all as
more fully set forth in the amendment, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated out of the No. 250
Sanitary Sewer Bond Fund the sum of $1,339.45 for Project No. 250-77-35,
Retta Drive Sewer Line Installation.
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
efficient administration of City affairs by execution of the aforesaid agreement,
amendment and appropriation of sums necessary therefor, such finding of an 4
emergency is made and declared reguii'ing suspension of the Charter rule as to
consideration and voting upon ordinances or resolutions at three regular meetings
so that this ordinance is pased and shall take effect upon first reading as an
emergency measure this the day of February, 1982.
ATTEST:
y Secretary MAYOR
DAY OF FEBRUARY, 1982:
J. BRUCE AYCOCK, C
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By
TY ATTO
EY
16904.
THE CITDF CORPUS CHRISTI, TEXAS
SEP 2 8 1984
MICROFILMED
29'
SECOND AMENDMENT
TO 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, said agreement was amended by Ordinance No. 16851 on
February 3, 1982 by amending Section 5 of said May 27, 1981 agreement; and
WHEREAS, both City and Developer agree that the method of crediting
the Developer for future pro -rata fees of $2.00 L.F. for 1246 feet along
Retta Drive as shown in EXHIBIT "A" of the May 27, 1981 agreement is to be
corrected.
NOW, THEREFORE, both City and Developer agree as follows:
1. The computation indicated in Section 5 of the May 27, 1981
agreement 'N hereby changed to read the City agrees to pay the Developer a
total of $13,562.89" in lieu of the City agrees to pay the Developer a total
of $12,223.44, and the computation shown in EXHIBIT "A" of said May 27, 1981
agreement is to be changed as follows:
(1) City's Share of Cost = $20,597.00 = $10,298.50
2
(2) Engineering Fees 71/2% = $772.39
Sub -Total = $11,070.89
(3) Future Pro -Rata Fee $2.00 (1246) = $2,492.00
Total = $13,562.89
2. The amendment to the May 27, 1981 agreement as approved by the
City Council on February 2, 1982 shall be further amended by rewording the last__
sentence in said Section 5 to read If Developer installs line for Retta Drive
-
residents, City agrees to pay Developer $13,562.89 as shown in EXHIBIT "A" and
return the $20,000.00 letter of credit to the Developer."
Except as hereinabove provided, the terms, conditions and provisions
of the agreement authorized by Ordinance No. 16272 and Ordinance No. 16851
and previously executed by the parties hereto shall be and remain in full force
and effect.
EXECUTED IN DUPLICATE ORIGINALS this the day of •
19
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Ernest M. Briones, Acting City Manager
APPROVED:
day of ,19
J: BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
- APPROVED:
Assistant City Manager
DEVELOPER
STATE OF TEXAS 1
COUNTY OF NUECES
This instrument was acknowledged before me on
19 by ERNEST M. BRIONES as Acting City Manager of the City of Corpus Christi.
Notary Public in and for Nueces County, Texas
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
19 by Buddy Seeds.
Notary Public in and for Nueces County, Texas
Page 2 - 2nd Amendment to Agreement
between City of Corpus Christi and Buddy Seeds
CITY OF CORPUS CHRISTI, TES
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 18, 1982
I certify to the City Council that $1,339.45 , 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. 250-77-35
Project Name Retta Drive Sanitary Sewer Line Installation
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
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Corpus Christi, T xas
day of
, 1982
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 above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYOR
THE TY OF CORPUS CHRISTI, TEXAS
passed by the following vote:
16904