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Home My WebLink About17117 ORD - 07/14/1982IW;/-9-6C;ISt AN ORDINANCE AUTHORIZING AN AGREEMENT WITH A.D.C. DEVELOPMENT COMPANY/FIVE POINTS, LTD, PROVIDING FOR CITY PARTICIPATION IN OVERSIZE/OVERDEPTH STORM AND SANITARY SEWER IMPROVEMENTS; APPROPRIATING $22,582.53 AND $18,869.48 FOR SAID PROJECT; 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 A.D.C. Development Company/Five Point, Ltd., developer of the Five Points Shopping Center, which provides for City par- ticipation in oversize/overdepth of storm and sanitary sewer improvements adjacent to the Five Point Shopping Center. SECTION 2. That there is hereby -appropriated $22,582.53 out.of the No. 250 Sani ry Sewer Bond Fund for oversize/overdepth applicable to Project No. 260-77-4Y, Five Points Shopping Center Line and appropriating $18,869.48 out of the No. 295 Storm Sewer Bond Fund for oversize/over-depth applicableto Project No. 295-77-19, Five Points Shopping Center Line. 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 to execute the aforementioned agreement so that the storm and sanitary sewer improvements in the Five Points Shopping Center Area can be expedited, 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 ordinace is passed and sh 11 take' effe upon first reading as an emergency measure this the// day of , 1982. AO' 4rOF CORPUS CHRISTI, TEXAS Cit Secretary MAYOR APPROVED: qtc DAY OF JULY, 1982 THE CI DC AYCOCK, C Y A ORNEY 17117 SEP 2 8 1984 liati01110.0 AGREEMENT THE STATE OF TEXAS I COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter -called "City" and A.D.C. Development Co. - Five Points Ltd., a Texas partnership, hereinafter called "Developer", and pertains to costs for sanitary and storm sewer improvements coincidental with the development of Five Points Shopping Center, consisting of 43.17 acres. - WHEREAS, the Developer is obligated, as a requirement of the City Platting Ordinance and previously approved annexation agreement, to construct certain gravity storm sewer and sanitary sewer improvements for the purpose of providing drainage facilities and sanitary sewer service to the subdivision, as shown on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the City desires that the storm sewer and sanitary sewer improvements be enlarged and extended as shown on Exhibit "B" attached hereto and made a part hereof in order to provide drainage facilities and sanitary sewer service to areas other than the subdivision. NOW THEREFORE, the City and Developer agree as follows: 1. The Developer shall construct the storm sewer and sanitary sewer improvements shown on the attached Exhibit "B" in accordance with detailed con- struction plans and specifications approved by the City. This construction will . be contracted for and financed by the Developer. 2. The City agrees io reimburse the'Developer the additional con- struction costs associated with enlarging and extending the storm sewer and sanitary sewer improvements over and above the construction costs to provide drainage facilities and sanitary sewers to the subdivision only; plus seven and one-half (71/2%) percent of the additional construction costs for engineering and contract administration. These costs are estimated to be the sum of Forty-ime Thousand, Four Hundred Fifty-two and 01/100 Dollars ($41,452.01), as shown on the attached Exhibit "C" attached hereto and made a part hereof. Such reimburse- ment will be made by the City to the Developer upon completion and acceptance of the storm sewer and sanitary sewer improvements by the City. The actual reimbursement will be adjusted according to the actual quantities constructed Page 1 of 2 and unit bid prices of same. In no event shall the reimbursement exceed the above stated amount. 3. The Developer agrees to indemnify the City against any claims arising as a result of this project. 4. 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 COPPUS CHRISTI APPROVED: City Secretary Edward A. Martin, City Manager day of , 1982. J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney DEVELOPER: A.D.C. Development Co. — APPROVED: Five Points Ltd. By By James K. Lontos, P.E. Assistant City Manager Title: STATE OF TEXAS f 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 the State of Texas STATE OF TEXAS X COUNTY OF NUECES I This instrument was acknowledged before me on , 1982 by , partner on behalf of A.D.C. Development Co.— Five Points Ltd., a partnership. Notary Public in and for the State of Texas Agreement — 5 Points Shopping Center; S/S Page 2 of 2 r EXH/z3fr 14 csv7Tp54c/c/77w at/e.Y 11 TeAGLIE ZANg - 5 6 yva A'omiTs SiioPPAv. CEA, m iz 0 1- 2C ZS / • - S'VCP SAN. .MAIER :M. 624- EXHayr " " 6A/LAR4e0 PEte Cirj, Reo26,6,yr aAGe./E LAA/a. • friv RevApre &OPP/A/4 CeA/reie „,^57 -age 55friez 54 , • S"VCP SAA/. SEw6-,e ".*IV 674 - exta7zv4, SAN: Servezs ' EXHIBIT "C" I. SANITARY SEWERS A. Enlarged and Extended per City Request: 1. 18" V.C.P. 10',-12' Depth 2. 18" D.I.P. 3. 4' M.H. 10'-12' Depth B. Sized for Shopping Center Only: 1. 8" V.C.P. 2. 8" V.C.P. 3. 8" D.I.P. 4. 4' M.H. 5. 4' M.H. 1213 L.F. @ $, 21.00 = $25,473.00 39 L.F. @ $ 36.00 = 1,404.00 5 EA. @ $1,580.00 = 7,900.00 Subtotal = $34,777.00 10'-12' Depth 191 L.F. @ $ 11.00 = $ 2,101.00 8,-10' Depth 650 L.F. @ $ 9.90 = 6,435.00 39 L.F. @ $ 26.00 = 1,014.00 10'-12' Depth 1 EA. @ $1,580.00 = 1,580.00 8'-18' Depth 2 EA. @ $1,320.00 = 2,640.00 Subtotal = $13,770.00 Reimbursement (A less B) Total = $21,007.00 II. STORM SEWER A. Enlarged per City Request: 1. 54" R.C.P. 8'-10' Depth 2. 48" R.C.P. 8'-10' Depth 3. 48" R.C.P. 6'-8' Depth 4. 42" R.C.P. 6'-8' Depth 5. 36" R.C.P. 6'-8' Depth 6. 6' M.H. 8'-10' Depth 7. Grate Inlet 6'-8' Depth B. Sized for Shopping Center Only: 1. 48 R.C.P. 2. 36" R.C.P. 3. 36 R.C.P. 4. 24" R.C.P. 5. 6' M.H. 6. Grate Inlets III. SUMMARY 8'-10' 6'-8' 4'-6' 4'-6' Depth Depth Depth Depth Depth 373 L.F.'8 $ 65.00 315 L.F. 0 $ 50.00 215 L.F. @ $ 49.00 367 L.F. @ $ . 42.00 26.L.F. @ $ 34.00 1 EA. @ $1,320.00 2'EA. 8 $ 800.00 Subtotal 373 L.F. @ $ 50.00 530 L.F. 8 $ 34.00 367 L.F. @ $ 33.00 26 L.F. @ $ 19.00 1 F.A. @ $1,320.00 2 EA. @ $ 800.00 Subtotal ReiMbursement (A less 8) Total A. Sanitary Sewer (Difffirence A -B). ,Plus 71/2% Engineering & Contract Administration. , Total Sanitary Sewer.Reimb,ursement B. Storm Sewer . (Difference A -B) Plus 71/2% Engineering & Contract Administration Total Storm Sewer Reimbursement Pipe quantities shown TOTAL REIMBURSEMENT..., $24,245.00 = 15,750.00 10,535.00 15,414.00 884.00 = 1,320.00 1,600.00 $69,748.00 = $18,650.00 = .18,020.00 = 12,111.00 • 494.00 = 1,320.00, 1 • 1,600.00 = $52,195.00. $17,553;00 $21,007.00 1,575.53 $22,582.53 $17,553.00 1,316.48 $18,869.48 $41,452.02 are 5% above quantities shown 00 construction plans. A CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) July 7, 1982 I certify to the City council that $22,582.53 , the amount required for the contract, agreement, Obligation or expenditures contemplated in the above and foregoing ordinance is in the Tteasury of the City of Corpus Christi to the credit of: Fund NO. and Name No. 250 Sani!wer Bond Fund 41.2, Project No. 250-77-1,1 Project Name Five Points Shopping Center Line from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 , et?.. vw• oe, 1 451 r CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter -Article IV Section 21) July 7, 1982 I certify to the City COuncil that $ 18,869.48 , 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 Nb. and Name No. 295 Storm Sewer Bond Fund Project No. 295-77-19 Project Name Five Points Shopping Center Line from which it is proposed to be drawn, and such money is not appropriated for any other purpose. ,19r 141 q pop FIN 2-55 Revised 7/31/69 doz i I 119/o# eil Corpus Christi, :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 iq. introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE ITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17117