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
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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