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Home My WebLink About17498 ORD - 03/02/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY PROVIDING FOR CITY PARTICIPATION IN . THE CONSTRUCTION OF SANITARY SEWER FORCE MAIN OVERSIZING COINCIDENTAL WITH THE DEVELOPMENT OF RIVER CANYON UNIT II SUBDIVISION; APPROPRIATING $1,500.79 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with Nueces Development Company providing for City participation in the construction of sanitary sewer force main oversizing coincidental with the development of River Canyon Unit II Subdivision, a copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That there is hereby appropriated $1,500.79 from the No. 250 Sanitary Sewer Bond Fund for force main oversizing applicable to Project No. 250-77-46, River Canyon Unit II 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 thec324day of March, 1983. ATTEST: !�Y � Atal 1'V ecretary 44PLA_PPRpVED: � DAY OF MARCH, 1983: City Attorney MAYOR THE TY OF CORPUS CHRISTI, TEXAS 17498 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 Nueces Development Company, hereinafter called "Developer", and pertains to the City's share of the oversize costs for sanitary sewer force main improvements coincidental with the development of River Canyon Unit II Subdivision. WHEREAS, the City has requested the Developer to construct an 8" sanitary sewer force main in lieu of the 6" force main required to serve the River Canyon Subdivision for the purpose of providing sewer capacity to serve approximately 40 acres adjacent to River Canyon Subdivision. NOW THEREFORE, the City and Developer agree as follow: 1. The Developer is obligated, as a requirement of the City Platting Ordinance, to construct a 6 inch sanitary sewer force main from the proposed lift station in River Canyon Unit II Subdivision to an existing gravity line in the previously constructed River Canyon Unit I Subdivision for the purpose of providing sanitary sewer service to River Canyon and to future units of River Canyon Subdivision. 2. The Developer will finance and construct, or cause to be constructed, 1662 linear feet of 8 inch sanitary sewer force main Unit II from the proposed lift station in River Canyon Unit II to the existing gravity sewer line in River Canyon Unit I, as shown on attached Exhibit "A". 3. The City agrees to reimburse the Developer as its oversize share for the pipe material cost of the above stated construction, plus 71/2% Engineering, the sum of One Thousand Five Hundred and 79/100 Dollars ($1,500.79), as shown by attached Exhibit "B". Such reimbursement will be made by the City to the Developer upon completion and acceptance of the 8 inch force main improvements by the City. The actual reimbursement will be adjusted according to the actual construction material quantity as shown by cost supporting documentation to be submitted to the City Engineer by the Developer after completion of the work, but in no cause shall the reimbursement exceed the above stated amount. 4. Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, Agreement -_River Canyon Unit II Nueces Development Company r Page 1 of 2 ffxb."A the Disclosure of_Ownership Interests form attached hereto and labeled Exhibits C-1 through C-2. 5. The Developer agrees to indemnify the City against any claims arising as a result of this project. 6. 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 this day of , 1983. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin City Manager APPROVED: day of , 1983 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney APPROVED: DEVELOPER: James K. Lontos, P.E. Dana Bennett, President Assistant City Manager Nueces Development Company THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 1983 by Edward A. Martin, as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas THE STATE OF TEXAS 9 COUNTY OF NUECES § This instrument was acknowledged before me on by Dana Bennett as President of Nueces Development Company. , 1983 Notary Public in and for the State of Texas Agreement -_River Canyon Unit II Nueces Development Company Page 2 of 2 \‘‘,.. \ t 1 (Yr / 05 P a � d `p \ - 01°4 „)C m A g : v _ \ \ :::.a \ .b, \\ •,fPt(. \GE0/21674:W -57 t '` \\\ \ \\ CC/Y.'01:2 :ti Th \ .y& . a/C3 7 E .-<IIrVE DATA v f° dr 4 ' \ _ FkW/Tg /T c�.. • .. w.// / CONSTRUCTION COST ESTIMATE RIVER CANYON UNIT II FORCEMAIN OVERSIZE Unit Item Description Quantity Unit Cost Total A. 8" P.V.C. Forcemain 1662 L.F. $3.29 $5,467.98 B. 6" P.V.C. Forcemain 1662 L.F. 2.45 4,071.90 City' Share (Item A — Item B) $1,396.08 711% Engineering 104.71 TOTAL CITY PARTICIPATION $1,500.79 EXHIBIT "B" 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. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME Nueces Development Company APPLICANT ADDRESS 5959 South Staples, Suite 101, Corpus Christi, TX 78413 APPLICANT is 1. Corporation (x) 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 Corporation. President - Dana A. Bennett, 5959 S. Staples, Suite 101, Corpus Christi, TX Vice President - William B. Ogletree, 2816 N. Shoreline, Corpus Christi, TX Vice President - James E. Gunn, 2816 N. Shoreline, Corpus Christi, TX Treasurer - Nixon M. Welsh, 2816 N. Shoreline. Corpus Christi. TX Secretary - Robert D. Thorpe, 5926 S. Staples, Suite D, Corpus Christi, TX lb. Names and addresses of all shareholders of the Corporation owning shares equal 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. form 10K may substitute that statement for the material required herein.) _ James E. Gunn 25% Robert D. Thorpe 25% Nixon M. Welsh 25% William B. Ogletree 25% SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of 3%. N/A • !. 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. N/A SECTION 3 - ALL APPLICANTS - ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being 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 of trustee or estate administrator, and name, address, and percentage of interest in total entity. NIA 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 3% 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 partnership 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 provided is accurate and current. I will be r a revised form if any of the above informati Date Title: President to me. Information ible for submitting anges. Si nature of Person ATTEST: Notary Public A. ARNOTT WARD Notary Public, State of Texas My Commission Expires / — O 6 — �' 7 Preparing Statement CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) February 21, 1983 I certify to the City Council that $ 1,500.79 , 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 Project No. No. 250 Sanitary Sewer Bond Fund 250-77-46 Project Name River Canyon Unit II Subdivision frau which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 .3 - Z , 19 9-s rof�� Corpus Christi, exas day of, 190 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 MAYOR THE CITY F CORPUS CHRISTI, TEXAS The above ordinance was passed;, the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky