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
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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