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HomeMy WebLinkAbout17277 ORD - 09/29/1982AN ORDINANCE AUTHORIZING AN AGREEMENT WITH PENDARIS CORPORATION TO PROVIDE FOR CITY PARTICIPATION IN CONSTRUCTION OF OVERSIZED SANITARY SEWER LINES; APPROPRIATING $15,171.72 FOR SAID PARTICIPATION; 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 the Pendaris Corporation, developer of the Wood River Unit 3 Subdivision, providing for City participation in the construction of 10", 12", and 15" oversized vitrified clay sanitary sewer lines, a substantial copy of which agreement is attached hereto and made a part hereof, marked exhibit "A." SECTION 2. That there is hereby transferred $15,171.72 from the No. 124 Revenue Sharing Fund (1982-1983) Activity 701.59, Code 502 to the No. 250 Sanitary Sewer Bond Fund, Project No. 250-77-45, Wood River Subdivision, Unit 3, Kinney's Mill and that there is hereby appropriated $15,171.72 out of the No. 250 Sanitary Sewer Bond Fund applicable to Project No. 250-77-45, Wood River Unit 3 Subdivision. 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 take immediate action to preserve and protect public property by expediting the construction of public improvements, 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 anall take effect upon first reading as an emergency measure this the c>29 day of September, 1982. ATTEST: C' y Secretary APPR0VED27 DAY OF , 1982 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17277 MICROFILMED -SEP 28 1984 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 Pendaris Corporation, hereinafter referred to as "Developer", and pertains to costs for sanitary sewer improvements coincidental with the development of Wood River Unit 3 Subdivision (Kinney's Mill), consisting of 26.69 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 8", 10" and 12" vitrified clay sanitary sewer gravity lines for the purpose of providing sanitary sewer service to Wood River Unit 3 Subdivision. 2. At the City's request, and after City approval of construction plans, the Developer will construct 10", 12" and 15" oversized vitrified clay sanitary sewer gravity lines as shown on attached Exhibits "A" and "13". This con- struction will be contracted for and financed by the Developer. 3. The City agrees to reimburse the Developer as its oversized share for the pipe material cost of the above stated construction plus 71/2% Engineering, the sum of Fifteen Thousand One Hundred Seventy One and 72/100 Dollars ($15,171.72). Such reimbursement will be made by the City to the Developer upon completion and acceptance of said sanitary sewer improvements. 4. The Developer agrees to indemnify the City against any claims arising as a result of this project. 5. 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 upon and shall inure to the benegit of the parties and their respective heirs, successors and assigns. 6. Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto and labeled Exhibits C-1 through C-2. Page 1 of 2 EXECUTED IN DUPLICATE originals this day of 19 ATTEST: THE CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 19 . Assistant City Attorney APPROVED: DEVELOPER: PENDARIS CORPORATION By By James K. Lontos, P.E. William H. Holland, President Assistant City Manager STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19 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 X This instrument was acknowledged before me on 19 by WILLIAM H. HOLLAND, President of Pendaris Corporation, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas AGREEMENT Wood River Unit 3 - S/S Page 2 of 2 PRoPosEp 1IP7 srATiolil EXI-1/BIT I:4" 70 iive Penvrs , WOOD RIVER UNIT 3 SANITARY SEWER OVERSIZING DESCRIPTION QUANTITY UNIT UNIT COST TOTAL I. ON SITE A. Wood River Only 8" V.C.P. 1,018 L.F. $2.52 $ 2,565.36 B. Oversize 10" V.C.P. 1,018 L.F. 3.96 4,031.28 C. City Share (IB - IA) $ 1,465.92 II. OFFSITE A. Wood River Only 12" V.C.P. 10" V.C.P. 8" V.C.P. B. Oversize 15" V.C.P. 12" V.C.P. 10" V.C.P. 2,442 2,015 1,334 2,442 1,185 2,164 L.F. L.F. L.F. $5.49 3.96 2.52 $13,406.58 7,979.40 3,361.68 Subtotal (IIA): $24,747.66 L.F. L.F. L.F. 9.14 5.49 3.96 Subtotal (NB): 22,319.88 6,505.65 8,569.44 $37,394.97 C. City Share (II8 - IIA) $12,647.31 III. CITY PARTICIPATION (IC + IIC) + 7.5% Engineering TOTAL CITY PARTICIPATION EXHIBIT "B" $14,113.23 1,058.49 $15,171.72 CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS City of Corpus Christi Ordinance (17112) requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NamB Pendaris Corporation APPLICANT ADDRESS P. 0. Drawer 3812 , Corpus Christi, Texas 78404 APPLICANT is 1. Corporation Cx) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) Please answer the following questions on a separate attached sheet if necessary. SECTION 1 - CORPORATION la. Names and addresses of all Officers and Directors of Cornorati?&as 78404 William H. Holland, President, P. 0. Drawer 3812, corpus unristi, Lon R. 'Hipp, V -President, P. 0. Drawer 3812, Corpus Christi, Texas" 78404 James B. Boggs, V -President, P. 0. Drawer 3812, Corpus Christi, iexas /8404 Donald G. Greene, V -President, P. 0. Drawer 3812, Corpus Christi, Texas 78404 J. Carter Howald, V -President, P. 0. Drawer 3812, Corpus Christi, Texas /8404 • M. Michael Smith, V -President, P. 0. Drawer 3812, Corpus Christi, Texas 78404 lb. Names and addresses of all shareholders of the Corporation owning shares to or in excess of 3% of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. from 10k may substitute that statement for the material required herein.) 15 William H. Holland, President, P. 0. Drawer 3812, Corpus Christi, Texas 78404 30 Lon R. Hipp, V -President, P. 0. Drawer 3812, Corpus Christi, Texas 78404 1 ames ; - res • I I .". .v s 78404 15 Donald G. Greene, V -President, P. 0. Drawer 3812, Corpus Christi, Texas 78404 15 J. Carter Howald, V -President, P. 0. Drawer 3812, Corpus Christi, Texas 78404 10 M. Michael Smith, V -President, P. 0. Drawer 3812, Corpus Christi, Texas 78404 SECTION 2 - PARTNERSHIP/ASSOCIATION/JO/NT VENTURE 2a. The name, address, and percentage oE interest of each partner whose interest therein, whether limited or general, is equal to or in excess of 3%. 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. "Disclosure Statement" gXHIBIT C-1 Page 1 of 2 SECTION 3 - ALL APPLICANTS - ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are beint held by agent or trustee and give the name and address of principal AND/OR by a trust and give the trust number, institution, name and address ortrustee or estate administrator, and name, address, and percentage of interest in total entity. N/A. • 3b. If any interest named in Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 37. interest in that "holding" corporation or entity as required in 1(a), 1(b), 2(a), and 2(b). N/A 3c. If "constructive control" of any interest named in Section 1 or 2 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture or parnership agreements.) N/A 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council of the City of Corpus Christi, state the name, address, .and whether the individual is a member of the City Council, an employee, or a Board or Commission member. N/A I have not withheld disclosure of any interest known to me. Information provided is accurate and current. Title: ATTEST: 44'.2.019 Dal Stgnature o d'rso Notary Public COLLTEN.R.cckprt; my comn:,.. Ex.ms aring Statement "Disclosure Statement" EXHIBIT C-2 Page 2 of 2 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City CharterArticle IV Section 21) September 7, 1982 I certify to the City Council that $ 15,171.72 , the amount required for i 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. 250-77-45 Project Name wood River unit 3, Kinney's Mill from which it is proposed to be drawn, and such money is not appropriated for any other purpose. -1-RisoisFeR Fikorvi RevENuF 3i/twin/Gs tkt4 0,4 (MI-- ALTIviTy ,e_boe 509. 4, 9- g iSt/ FIN 2-55 Revised 7/31/69 h, rector o nand/4f F1NA14' , T41"1". SU' 23 8 224;? Corpy; Christi as ,..,/ifft 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. Respeetfully,. Council Members Respectfully, MAYO ,Aeilea; 'THE rITY 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. Dr. Charles W. Kennedy Cliff Zarsky 1-`72'77