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HomeMy WebLinkAbout17434 ORD - 01/12/1983AN ORDINANCE AUTHORIZING AN AGREEMENT WITH BRYAN TUCKER, FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A 15 INCH DIAMETER GRAVITY SEWER TRUNK LINE, PERMANENT LIFT STATION AND FORCE MAIN IN CONNECTION WITH THE DEVELOPMENT OF CRESTMONT UNIT 6 AND 7 SUBDIVISION; APPROPRIATING $66,906 FOR THE CONSTRUCTION; 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 authorized to execute an agreement with Bryan Tucker, developer of Crestmont 6, and Tucker Properties, developer of Crestmont 7 and Tract B, providing for City participation in the construction of a 15 inch diameter gravity sewer trunk line, permanent lift station and force main, in connection with the development of Crestmont Unit 6 and 7 Subdivision, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That $66,906 is hereby transferred from the No. 124 Revenue Sharing Fund (1982-83) Activity 701.59 Code 502 to the No. 250 Sanitary Sewer Bond Fund; and that there is hereby appropriated $66,906 out of the No. 250 Sanitary Sewer Bond Fund applicable to project No. 250-82-9, Crestmont Unit 6 and 7 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 and shall take effect upon first reading as an emergency measure this the /2 day of January, 1983. ATTEST: Ar"retary MAYOR APPROVED:/1'DAY OF January, 1983 Bruce Aycock, CJty Attorney THE CI OF CORPUS CHRISTI, TEXAS 17434 1.1'7�k SEP 2 81984 MICROFILMED • AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and Bryan Tucker, hereinafter called "Crestmont 6 Developer", and Tucker Properties, hereinafter called "Crestmont 7 and Tract B Developers" and pertains to the City's share of participation towards the cost of permanent offsite sanitary sewer improvements coincidental with the development of Crestmont Unit 6 Subdivision. WHEREAS, the Crestmont 6 Developer is required to provide sanitary sewer service to Crestmont Subdivision per the City Platting Ordinance; WHEREAS, the Crestmont 6, 7 and Tract B Developers are required to provide permanent lift station and force main facilities per Ordinance No. 17177 amending the Master Sanitary Sewer Plan for the subject area; and WHEREAS, as a condition of Ordinance No. 17177 the Crestmont 6, 7 and Tract B Developers are obligated by an $800 per acre fee for Tracts A (Crestmont 6 and 7) and B, as shown by Exhibit "A" attached hereto, said fee to be credited towards the cost of the permanent lift station and force main improvements; and NOW, THEREFORE, the City and the Crestmont 6, 7 and Tract B Developers agree as follows: 1. The Developers agree to finance and construct, or cause to construct the offsite 15" diameter gravity sanitary sewer trunk line, permanent lift station and force main as shown on Exhibit "A". 2. The City agrees said $800 per acre fee of 152 acres, a total of $121,600.00, shall be credited towards said offsite permanent improvements referenced in item 1 above. 3. City agrees that no additional sanitary sewer lot/acreage fees shall be required on future plats on Tracts A or B as shown on Exhibit "A". 4. City agrees to reimburse the Developers for the cost of said 15" diameter gravity sewer line between Tract A and the proposed lift station, plus engineering as shown on the attached Construction Cost Estimate, marked Exhibit "B". For purposes of this Agreement, the amount of the City Agreement Crestmont 6 & 7 Page 1 of 3 CXb• Vit" . reimbursement to the Developers shall not exceed Sixty -Six Thousand, Nine Hundred Six and no/100 Dollars ($66,906.00). The actual reimbursement will be adjusted according to the actual construction cost after completion of the work, but in no event shall it exceed the above stated amount. The City's payment to the Developers will be made after completion and acceptance of all subdivision improvements, and upon receipt from the Engineer of verification of the final construction quantities and cost. 5. The Developers agree to indemnify the City against any claims arising as a result of this project. 6. The Developers further agree, in compliance with Ordinance No. 17112, to complete, as a part of this agreement, the Disclosure of Ownership Interests form attached hereto and labeled Exhibits C-1 through C-2. 7. This Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals this day of ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: day of , 19 DEVELOPERS: J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney Bryan Tucker APPROVED: .nes K. Lont s, P.E. ssistant City Manager THE STATE OF TEXAS § COUNTY OF NUECES § Henry Tucker, Tucker Properties John Tucker, Tucker Properties This instrument was acknowledged before me on by Edward A. Martin as City Manager of the City of Corpus Christi. Notary Public in and for the State of Texas Agreement Crestmont 6 & 7 Page 2 of 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by Bryan Tucker. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by Henry Tucker. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF NUECES 5 This instrument was acknowledged before me on by John Tucker. Agreement Crestmont 6 & 7 Page 3 of 3 Notary Public in and for the State of Texas Ex/ST/N4 AMA/Hoe-6 HaLL ROAD rAACT T, AGrZES EXIST/ NG Z//'T STAT/ON� CREST/40NT !p FUTURE 1 f — cRESTMoMT 7 PROPOSED le peramANEmT 1 GRAVIT'? SELUER LINE, CITY TO �. REIMDURSE COST To — 1: DEVELOPE(L ?goPOSEtt 'PERMANENT LIFT STATION 61Te PrzppoSED PERMANENTf 10" FORc6 MAIM EX1-111317•4" CONSTRUCTION COST ESTIMATE 15" Diameter gravity sewer line between Tract A and the proposed lift station: ITEM DESCRIPTION QUANITY UNIT UNIT COST TOTAL 15" VCP 1. (18'-20' cut) 998 L.F. $ 29.00 $28,942.00 15" VCP 2. (20'-22' cut) 457 L.F. 34.00 15,538.00 4' 0 STD. M.H. 3. (20'-22' cut) 3 EA. 2,400.00 7,200.00 Crush Stone 4. Embedment 457 L.F. 10.00 4,570.00 Class B 5. Embedment 998 L.F. 6.00 5,988.00 SUBTOTAL $62,238.00 + 71/2% Engineering 4,668.00 TOTAL $66,906.00 EXHIBIT "B" CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS • City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over-the- counter markets may file a current Securities and Exchange Commission Form 10•K with the City in lieu of answering the questions below. See reserve side for definitions. FIRM NAME. TUC.1e-E TZ. PiZe)i 'E Ia 1_E S p STREET. 3834 Aro LL( c,ri.CoRPOS C>�QISTI, I}{ ZIP: 7tS41 S ARM is: 1. Corporation ( ) 2. Partnership ()() 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City 4epartment (if known) Ki A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title (A 3. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nome Board, Commission, qr Committee CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I hove not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: N L. IcER. Title. PA C.Li' 14.) E Signature of Certifying Person: Dote. 12 ((A Z • CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. If the question Is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over -the. counter markets may file a current Securities and Exchange Commission Form 10-K with the City in lieu of answering the questions below. See reservesidefor definitions. FIRM NAME• STREET. C. c 2 �T. .44l4:2•&-eee."5 CITYPUS Ctef-57i 7IP• 7a,0/3 FIRM is: 1. Corporation ( 4. Association ( 2. Partnership (lam) 3. Sole Owner ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) A/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or committee ,V/4 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. UC/ ,ib? Title. //9,Z7 iVE/Z Signature of Certifying Person• P"..) Certifying Person: ...--10/Y14., //'• �'t �—y-/ Date: /L �� a CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question Is not applicable, answer with "NA." Corporations whose shares are publicly traded and listed on national or regional stock exchanges or over-the- counter markets may file a current Securities and Exchange Commission Form 10•I( with the City in lieu of answering the questions below. See reserve side for definitions. FIRM NAME• L�tz•v 01/4-1. ��C�E�L. %/'' s // Q STREET. 3S34 T-1PflL.L.O CITY.Co ' . fat 51-1 71p• 7R4tS FIRM is: 1. Corporation ( ) 2. Partnership ( 4. Association ( ) 3. Sole Owner ( 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) n! / A. 2. State the names of each "official" of the City of Carpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N /A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, r Committee nt CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: F' 2.Y A N Signature of Certifying Person: _ _Tu c K( Q Title• n U-1 Date. i Z t in ' Z CITY OF CORPUS CHRISTI, TEXAS LEHIIFICATION OF FUNDS (City Charter Article IV Section 21) January 10, 1983 I certify to the City Council that $ R906.00 , the amount required for the contract, agreement, obligation or expenditures wntemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name Project No. No. 250 Sanitary Sewer Bond Fund 250-82-9 Project Name Crestmont Unit 6 Subdivision from which it is proposed to be drawn, and such money is not appropriated for any ' other purpose. 1/ tA 14° FIN 2-55 Revised 7/31/69 y,1983. z Corpus Christi, Texas /p7 day of , 1985 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; I/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. Respectfully, Respectfully, Council Members x/02. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the ` llowing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17434