HomeMy WebLinkAbout16962 ORD - 03/24/1982AN ORDINANCE
AUTHORIZING AN AGREEMENT WITH CANDYSTICK CORPORATION
CONCERNING REIMBURSEMENT TO DEVELOPER FOR SANITARY
SEWER SYSTEM CONSTRUCTION AND APPROPRIATING $34,653
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 Candystick Corporation, developer of County
Creek Subdivision, providing for the City to reimburse the developer $34,653
for its share of the construction of an offsite sanitary sewer system to
serve the abutting property, a substantial copy of which agreement is attached
hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated the sum of 134,653
out of the No. 250 Sanitary Sewer Bond Fund for reimbursement of the developers
for the aforesaid project, No. 250-77-38, County Creek Subdivision Offsite
Sanitary Sewer System.
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 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
,4
emergency measure this the 02 day of March, 1982.
ATTEST:
Citecretary MAYOR
THE CI Y OF CORPUS CHRISTI, TEXAS
APn2YEP:
DAY OF MARCH, 1982:
J. BRUCE AYCOCK, C TY ATTORNEY
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AGREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES I
THIS AGREEMENT is entered into by and between the City of Corpus Christi,
Texas, hereinafter referred to as "City", and Candystick Corporation, hereinafter
referred to as "Developer", and pertains to the "City's" share of the construction
costs for offsite 15 inch vitrified clay pipe sanitary sewer extension to County
Creek Subdivision.
WHEREAS, "Developer" proposes to develop a subdivision known as County
Creek comprising 74.94 acres as shown on attached Exhibit "A"; and
WHEREAS, Ordinance No. 16869 'dated February 17, 1982 authorizes the
"City" to reimburse "Developer" for offsite extension of said 15 inch sanitary
sewer line; and
NOW, THEREFORE, the "City" and the "Developer" agree as follows:
1. "Developer" will construct said 15 inch diameter sanitary sewer
system adequate to serve the area per the Master Sanitary Sewer Plan, as show:::
on attached Exhibit "A", said construction to be contracted for and financed by
"Developer".
2. "City" agrees to reimburse "Developer" the construction costs
for above stated construction, including engineering at the rate of 7.5%, the sum
of Thirty-four Thousand, Six Hundred Fifty-three and no/100 Dollars ($34,853.00),
as shown on attached Exhibit "B". Such reimbursement will be made by the "City"
to the "Developer" upon completion and acceptance of the 15 inch sanitary sewer
improvements by the "City". The actual reimbursement will be adjusted according
to the actual construction material quantity after completion of the work, but shall
not exceed the above sum.
3. The "Developer" agrees to indemnify the "City" against any claims
arising as a result of this project.
EXECUTED IN DUPLICATE originals this day of , 1982.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin, City Manager
APPROVED: day of , 1982.
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney CANDYSTICK CORPORATION
APPROVED: By
James K. Lontos, P.E.
Assistant City Manager
Roger Seaman, Jr., President
STATE OF TEXAS X.
COUNTY OF NUECES X
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
COUNTY OF NUECES X
This instrument was acknowledged before me on
1982 by Roger Seaman, Jr., President of Candystick Corporation a Texas corporation,
on behalf of said corporation.
Notary Public in and for Nueces County, Texas
Agreement — 15" VCP S/S Extension; County Creek Subd.
Page 2 of 2
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PROJECT: County Creek Offsite
ITEM
UNIT
QUANTITY UNIT COST TOTAL
SANITARY SEWER (Across Oso)
1. 15" VCP (6-8 cut) 346 C.F. $ 26.25 $ 9,082.50
2. 15" VCP (8-10 cut) 84 L.F. $ 29.40 2,469.60
3. 15" VCP (10-12 cut) 84 L.F. $ 33.60 2,822.40
4. 15" VCP (12-14 cut) 52 L.P. $ 42.00 2,184.00
5. 15" VCP (14-16 cut) 16 L.F. $ 52.50 840.00
6. 4' Dia. Na. (8-10 deep) 1 EA. $1,575.00 1,575.00
7. 4' Dia. Na. (12-14 deep) 1 EA. $1,627.50 1,627.50
8. Class 10 Embedment 580 C.F. $ 11.55 6,699.00
9. 15" DIP 105 C.F. $ 42.00 4,410.00
10. Break Into CS 1 EA. $ 525.00 525.00
11. Well Point C.F. $ 15.75
TOTAL $32,235.00
± 7.5% Engineering $34,653.00
EXHIBIT "B"
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
March 19, 1982
I certify to the City Council that $34,653 , 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. 250-77-38
Project Name County Creek Subdivision Offsite
Sanitary Sewer System
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
S. air/ FIN 2-55
Revised 7/31/69
, 19
Corpus Christi Texas .
211day 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 ia
introduced, or at the present meeting of the City Council.
•
Respectfully, Respectfully,
Council Members
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foll wing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley /..
Herbert L. Hawkins, Jr. Alr
Dr. Charles W. Kennedy
Cliff Zarsky i(
I 6962