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Home My WebLink About17836 ORD - 09/21/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNI/ CORPUS CHRISTI, LTD. IN THE CONSTRUCTION OF LEXINGTON CENTER OUTFALL PROJECT; APPROPRIATING $190,755; 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 agrement with OMNI/CORPUS CHRISTI, LTD., in the construction of the Lexington Center Outfall Project which agreement provides for City participation in the construction of storm drainage outfall facilities under Ayers Street and the Municipal Service Center Access Road, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $190,755 out of the No. 295 Storm Sewer Bond Fund applicable to Project No. 295-82-4, Lexington Center Outfall. 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 e fect upon first reading as an emergency measure this the o2/4 day of ..C1/.,47� , 1983. ATTEST: r C' ySecretaryy MAYOR THE C ; Y OF CORPUS CHRISTI, TEXAS APPROVED:/TAY OF SEPTEMBER, 1983 6 Bruce Aycock, C�ty Attorney 17836 Sip 2 81984 MICROFILMED AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is authorized by Ordinance No. and is entered into by and between the City of Corpus Christi, Texas, hereinafter called "CITY" acting by and through its duly authorized City Manager, Edward A. Martin, and OMNI/CORPUS CHRISTI, LTD., hereinafter called "DEVELOPER". ' WHEREAS, the DEVELOPER, being the owner of a 127 acre tract of land, as shown on Exhibit "A", attached hereto and made a part hereof, and whereas adequate storm drainage facilities are an essential element to the development of said tract; and WHEREAS, the CITY desires to provide adequate storm drainage outfall facilities for that portion of the City designated as Drainage Basins H -A-1 and H -A-2 comprising 315 acres, more or less, hereinafter called "Total Drainage Area", as shown on the "Master Plan for Storm Drainage" approved by City Council Resolution 7072', passed November 6, 1963, also shown on Exhibit "A", of which DEVELOPER'S tract is a part; and WHEREAS, the CITY is owner of a tract of land known as the Municipal Service Center, through which the proposed storm drainage outfall facility is to be located, all as shown on Exhibit "A"; NOW, THEREFORE, the CITY and DEVELOPER agree as follows: 1. The DEVELOPER shall construct storm drainage outfall facilities adequate to accommodate storm water runoff from the "total drainage area" in a fully developed state from Point "A" to Point "B" as shown on Exhibit "A" and further detailed on Exhibit "B", attached hereto and made a part hereof, (including an open drainage channel, reinforced conorete box culverts crossing under Ayers Street and the Municipal Service Center Access Road, and an erosion control structure at the existing Richter Drainage Channel). The storm drainage outfall facilities shall be constructed in accordance with detailed construction plans and specifications prepared by a registered professional engineer in the State of Texas and reviewed and approved by the City. The plan preparation and construction shall be contracted for and financed by the DEVELOPER. 2. The CITY agrees to provide the right-of-way for the storm drainage outfall facility through the Municipal Service Center tract, essentially as shown on Exhibit "B". Agreement OMNI/CORPUS CHRISTI, LTD. Page 1 of 3 3. Since Ayers Street (also known as State Highway No. 286) falls under the jurisdiction of the Texas Department of Highways and Public Transportation, the DEVELOPER shall be responsible for acquiring the necessary approvals and permits from that agency for work within their right-of-way. 4. The DEVELOPER shall plan and construct internal storm drainage facilities within his 127 acre tract to accommodate the storm water runoff from the remainder of the "total drainage area" in a fully developed state at no cost to the CITY, and in accordance with City requirements. 5. The CITY and DEVELOPER agree to share in the construction costs, plus eight percent (8%) of the construction costs for engineering and contract administration, for the storm drainage outfall facility from Point "A" to Point "B" as shown on Exhibit "B". These costs shall be apportioned as the DEVELOPER'S tract (127 acres) and remainder of "total drainage area" (188 acres) relate to the "total drainage area". Therefore, the DEVELOPER'S share shall be 405 (127/315) and the CITY'S share 605 (188/315). The CITY and DEVELOPER, recognizing that the excess excavated material from the open channel portion of the storm drainage outfall facility through the Municipal Service Center is a marketable item and that the CITY has no immediate need for said material, further agree that all excess excavated material shall become the property of the DEVELOPER, that the value of this material shall be established at $1.25 per cubic yard, and that the shares of the construction cost shall be adjusted to reflect the total value of this material as a credit to the City. Based upon the estimate shown on Exhibit "C" attached hereto and made a part hereof, the DEVELOPER'S share is estimated to be Two Hundred Five Thousand Two Hundred Ninety -Five and no/100 Dollars ($205,295.00) and the CITY'S share One Hundred Ninety Thousand Seven Hundred Fifty -Five and no/100 Dollars ($190,755.00). The CITY shall reimburse the DEVELOPER for its share of the costs upon completion of the construction and acceptance of same by the CITY. The actual reimbursement will be adjusted to the actual quantities constructed and unit prices of same as established by the competitive bid process. In no event shall the reimbursement exceed the CITY'S share as stated above. 6. The DEVELOPER shall cause construction to commence on the storm drainage outfall facility from Point "A" to Point "B" as shown on Exhibit "8" within one hundred twenty (120) days of the effective date of this agreement. 7. The DEVELOPER agrees that the storm drainage outfall facility from Point "A" to Point "B" as shown on Exhibit "B" shall be complete and accepted Agreement OMNI/CORPUS CHRISTI, LTD. Page 2 of 3 by the CITY prior to the recording of any subdivisional plat of any portion of DEVELOPER'S property. 8. The DEVELOPER agrees to indemnify the CITY against any claim arising as a result of this project. 9. This agreement shall be executed in duplicate, both of which shall be considered one instrument. When both copies 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 , 1983. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Edward A. Martin, City Manager APPROVED: day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney APPROVED: OMNI/CORPUS CHRISTI, LTD. By: By: James K. Lontos, P.E. Assistant City Manager Title: 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 § COUNTY OF NUECES § This instrument was acknowledged before me on 1983 by as of OMNI/CORPUS CHRISTI, LTD. Notary Public in and for the State of Texas Agreement OMNI/CORPUS CHRISTI, LTD. Page 3 of 3 _ _,.;.i� LI...':11.1.5_ I .o'`I t Padre Is/a.,d Dr. r MUNICIPAL • S.KVIGE. a; p Gii re Iz • :‘r/**../. 401 011111 VaLrre. Or.) i112AlQNNA4E • / }� 4 iL I i/ I ;!1 • ;l l 1. EXHIBIT "A" OMNI/C.C. LTD . INVESTORS AGREEMENT 6AGKY PIZIV� �� ----- - _- ,/ DOUBLE ' ' x 7' r, • • �-(\ UoX CUW1E1ZTy • i 1.` n: \N Cti'f.yi tr4114' N .,yam rp 3w 1.0 95' 12.0.14 15' E3arrom am • illara7M s'•'�I 11 \TzIP1-E 8x7' !'O)C G<1LYGRTS L HOLLY RbAD • r.XWI T "13" OMNI/G.C. LTD INVESTORS AGREEMENT CouCKETC Eweinu CONTROL 9T4uCTpRE- 'E I5r111G RiGM iCA LIIANNEL. EXHIBIT "C" PRELIMINARY COST ESTIMATE AND COST APPORTIONMENT I. Preliminary Cost Estimate A. Ditch Excavation (37,500 C.Y. @ $2.75) B. Ayers Street Crossing Reinforced Box Culvert (Lump Sum) C. Service Center Access Road Crossing Reinforced Box Culvert (Lump Sum) D. Erosion Control Structure at Existing Richter Channel (Lump Sum) Subtotal: Contingencies: 8% Engineering: TOTAL: II. Cost Apportionment A. Value of Excess Excavated Material (37,500 C.Y. @ $1.25) B. Apportionment of Costs: DEVELOPER'S Share of Construction Costs $396,050 x 0.4 Plus Value of Excess Excavated Material TOTAL: CITY'S Share of Construction Costs $396,050 x 0.6 Less Value of Excess Excavated Material TOTAL: OMNI/CORPUS CHRISTI, LTD. Agreement $103,125.00 125,000.00 90,000.00 17,500.00 $335,625.00 33,575.00 26,850.00 $396,050.00 $46,875.00 $158,420.00 46,875.00 $205,295.00 $237,630.00 - 46,875.00 $190,755.00 CITY OF CORPUS'CHRISTI, TEXAS crhuIFICATION OF FUNDS (City Charter Article IV Section 21) September 6, 1983 I certify to the City Council that $ 190,755.00 , 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 No. 295 Storm Sewer Bond Fund Project No. 295-82-4 Project Name Lexington Center Outfall from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 1)014 i9-83 4(8 FIN 2-55 Revised 7/31/69 7- /9 , 19?.? Director q'f/Finance Corpus Christi, Te as cNI day of „G17144-'1 , 198 3. 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 OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 1'7836;