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HomeMy WebLinkAbout16959 ORD - 03/24/1982AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE DEVELOPERS OF BUCKINGHAM - ESTATES SUBDIVISION CONCERNING REIMBURSEMENT TO SAID DEVELOPERS FOR OVERSIZING OF SANITARY SEWER PIPE AND APPROPRIATING $36,100 FOR SAID REIMBURSEMENT; 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 agreement with John Tucker and Jack Tucker, developers of Buckingham Estates Subdivision, providing for the City to reimburse developers $36,100 for oversizing of sanitary sewer pipe from 10 inches to 18 inches, and providing for developers to furnish the City with an irrevocable letter of credit in the amount of $51,652.80, all as more fully set forth in the agree- ment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated the sum of $36,100 out of the No. 250 Sanitary Sewer Bond Fund for reimbursement of developers for the aforesaid project, No. 250-77-39, BOckingham Estates Subdivision, Oversize of Sewer Lines. SECTION 3. That upon written request of the Mayor of: five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by authorizing the aforesaid agree- ment and appropriation of funds therefor, 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 ordinance is passed and shall take effect upon first reading as an emergency measure this the day of March, 1982. ATTEST: City Secretary MAY .02V1=-.; DAY OF MARCH, 1982: APPELD: J. BRUCE AYCOCK, .0 TY ATTO EY By THE C Y OF CORPUS CHRISTI, TEXAS 16959 sEp -461984 micaROFILMED AGREEMENT THE STATE OF TEXAS .X COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and John Tucker and Jack Tucker, hereinafter called "Developer", and pertains to costs for sanitary sewer improvements coincidental with the development of Buckingham Estates Subdivision Unit No. 1, consisting of 64.566 acres. NOW, THEREFORE, the City and Developer agree as follows: 1. The Developer is obligated, as a requirement of the City • Platting Ordinance, to construct a 10 inch vitrified clay sanitary sewer gravity line along the north and east boundary of Buckingham Estates Subdivision for the purpose of providing sanitary peWer service to subdivision. 2. At the City's request and after City approval of construction plans the Developer will Construct 3,554 feet.of 18 inch vitrified clay sanitary sewer gravity line along the north and east boundary of Buckingham Estates Subdivision Unit'No. 1, as shown on Exhibit "A" attached hereto and made a part hereof. This construction will be contracted for and financed by the Developer. 3. The City 'agrees to reimburse the Developer as its oversize share for the pipe material cost of the above stated construction plus 71/2% Engineering, the sum of Thirty-six Thousand, One Hundred and no/100 Dollars ($36,100.00). Such reimbursement will be made by the City to the Developer upon completion and acceptance of the 18" sanitary sewer improvements by the City. The actual reimbursement will be adjusted according to the actual construction material quantity after completion of work. 4. The Developer agrees to place an irrevocable letter of credit in the amount of $51,652.80 (64.566 acres x $800/acre), satisfactory to the City Attorney, in the custody of the Director of Engineering and Physical Development prior to this agreement being approved by the City Council. The letter of credit shall state that the City shall have the right to collect 100% of the face value of such letter upon demand to the bank or issuing institution. The City will, after proper billing and within 30 days of subdivision acceptance, authorize the payment of $36,100.00 or adjusted actual Page 1 of 2 reimbursement to the Developer and deposit the remainder of the funds from said Letter of credit in appropriate Sanitary Sewer Development Fund. 5. The Developer agrees to indemnify the City against any claims arising as a result of this project. 6. This agreement shall be executed in duplicate, both of which shall be considered one instrument. When both of the duplicates have been executed by the City, and at least. one duplicate has been executed by the Developer, this agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors 'and assigns. EXECUTED IN DUPLICATE originals this .day of , 1982. ATTEST: " THE CITY OF CORPUS CHRISTI - By City Secretary Edward A. Martin, City Manager APPROVED:. day of , 1982.. J. BRUCE AYCOCK, CITY ATTORNEY By DEVELOPER: Assistant City Attorney APPROVED: John Tucker By James K. Lontos, P.E. Jack Tucker Assistant City Manager STATE OF TEXAS I. COUNTY OF NUECES This instrument was acknowledged before me on ; 1982 by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public in and for Nueces County, Texas STATE OF TEXAS X COUNTY OF NUECES I This instrument was acknowledged before me on , 1982 by John Tucker and Jack Tucker. Notary Public in and for Nueces County, Texas Agreement - Buckingham EStates Subd. Unit 1 Page 2 of 2 rz7z7 z mfyrs cirr 47=1)F7c-iP,47-id,v CITY OF CORPUS CHRISTI, TEXAS CESTIFICATION OF FUNDS (City Charter Article IV Section 21) March 19, 1982 I certify to the City Council that $ 36,100 , the al unt 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: Rind NO. and Name No. 250 Sanitary Sewer Bond Fund Project No. Project Nane 250-77-39 Buckingham Estates Subidivision, Oversize of Sewer Line from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Subject to collectison of tha letter of credit dated Mardi 18, 1982 from John T, Tucker in amount of $51652.86 174414 FIN 2-55 Revised 7/31/69 Chii:L1222-dr, 19? -0— Corpus Christi, T as .4'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 introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll ing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16959