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Home My WebLink About18057 ORD - 01/25/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E. H. MOORE, J. R. EWING, JACKSON S. RYAN, AND W. E. GARRETT, PROVIDING FOR CITY SHARE OF THE OVERSIZE COSTS FOR THE LIFT STATION, FORCE MAIN AND WET WELL STRUCTURE IMPROVEMENTS COINCIDENTAL WITH DEVELOPMENT OF BRECKENRIDGE UNIT 6 SUBDIVISION; APPROPRIATING $122,646.55; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute an agreement with E. H. Moore, J. R. Ewing, Jackson S. Ryan and W. E. Garrett, providing for the City's share of the oversize costs for the lift station, force main and wet well structure improvements coincidental with the development of Breckenridge Unit 6, a copy of which agreement is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That there is hereby appropriated $122,646.55 from the No. 250 Sanitary Sewer Bond Fund. 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 25th day of January, 1984. ATTEST: Cit ecretary APPROVED a DAY OF JANUARY, 1984 d . Bruce Aycock, ty Attorney MAYOR rau:T J c- /2M- THE CITY OF CORPUS CHRISTI, TEXAS $Fp 9 R ip44 010000 113057 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City CharterArticle IV Section 21) January 20, 1984 , I certify to the City Council that $ 9,277.73 , 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. arra Name Project No. Grid and Arterial Transmission Main Trust Fund 143-246.95 Project Name • Crestmont Unit VII Subdivision from which it is proposed to be drawn, and such money is rot appropriated for any other purpose. !�6 2oss7 g✓ ,/:s/3y 91/ FIN 2-55 • - Revised 7/31/69 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and E. H. Moore Homes, Inc., and J. R. Builders, Inc., hereinafter called "Developer", and pertains to costs for sanitary sewer lift station and force main improvements coincidental with the development of Breckenridge Unit 6 Subdivision. WHEREAS, the "Developer" is required to provide sanitary sewer service to Breckenridge Unit 6 Subdivision in accordance with the City Platting Ordinance and the Sanitary Sewer Master Plan; and WHEREAS, the "Developer" has made previous arrangements with the developers of adjacent tracts, known as future Cedar Ridge Units and future Wiliowick Units as shown by Exhibit "A", to construct a sanitary sewer lift station and force main in a manner to accommodate the future development of the "Developers" Breckenridge Unit 6 plus the future Cedar Ridge and Willowick Tracts, said tracts totaling 103 acres; and WHEREAS, the "City" desiresto participate with the "Developer" towards the cost of the lift station on an acreage prorata basis in order to provide sanitary sewer service to an existing 47.78 acre tract known as Nottarb Units 1 and 2 Subdivision, as shown on Exhibit "A"; and WHEREAS, the "City" desires to participate with the "Developer" towards the cost of oversizing the force main from an 8" diameter, required to serve the initial 103 acres, to a 12" diameter Master Plan size force main; and WHEREAS, the "City" desires to participate with the "Developer" towards the oversize cost of installing a 12 foot diameter wetwell to serve the Master Plan service area in lieu of the 10 foot diameter wetwell required to serve the initial "Developers" 103 acres plus Nottarb Units 1 and 2; and - NOW, THEREFORE, the "City" and "Developer" agree as follow: 1. The "Developer" agrees to finance and construct or cause to be constructed, a lift station to Master Plan depth, with Master plan wetwell size and Master Plan force main size, and pumps sized to serve the Breckenridge Unit 6, future Cedar Ridge, future Wiliowick, and Nottarb Units 1 and 2. Agreement - Breckenridge Unit 6 Page 1 of 3 F b.' FI 2. The "City" agrees to reimburse the "Developer" for the agreed participation share in the lift station and force main as shown on the item breakdown on attached Exhibit "B". For purposes of this Agreement, the "City's" participation share plus 71% engineering is estimated to be One Hundred Twenty -Two Thousand Six Hundred Forty -Six and 55/100 Dollars ($122,646.55). The actual reimbursement amount may be adjusted based on the actual completed construction costs, but in no event shall City reimbursement to the "Developer" exceed the above stated amount. 3. The "City" will deduct from the reimbursement amount listed in item 2 above, the direct costs of obtaining the required 60' x 60' site for the proposed lift station. For purposes of this Agreement, the direct cost is estimated to be approximately Four Thousand Dollars ($4,000.00). 4. The "City's" reimbursement to the "Developer" will be made upon completion and acceptance of all Breckenridge Unit 6 Subdivision improvements, and upon receipt from the "Developers" Engineer of verification of final construction quantities and costs. 5. All terms of this Agreement shall be subject to the "City" obtaining the required 60' x 60' lift station site. 6. The Developer agrees to indemnify the "City" against any claims arising as a result of this project. 7. The "Developer" further agrees to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto and labeled Exhibit "C". 8. 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 the after the date of execution. EXECUTED IN DUPLICATE, this the day of 19 ATTEST THE CITY OF CORPUS CHRISTI City Secretary Agreement - Breckenridge Unit 6 Page 2 of 3 BY Edward A. Martin, City Manager APPROVED: day of , 19 J. BRUCE AYCOCK, CITY ATTORNEY By DEVELOPERS: E.H. MOORE HOMES, INC. AND J.R. BUILDERS, INC. Assistant City Attorney APPROVED: By By James K. Lontos, P.E. Assistant City Manager By STATE OF TEXAS X COUNTY OF NUECES X E.H. Moore, President E.H. Moore Homes, Inc. James R. Ewing, President J.R. Builders, Inc. 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 E.H. Moore, President of E.H. Moore Homes, Inc. and James R. Ewing, President of J.R. Builders, Inc. Notary Public in and for the State of Texas Agreement - Breckenridge Unit 6 Page 3 of 3 • f( ' \ �� :.51.-64444."2 ' I EXN/B/T 'q" SUGAR RIDGE • BRECKENRIDGE UNIT 6 LIFT STATION AND FORCEMAIN City Participation: A. Basic Lift Station Cost $ 32,322.32 B. Forcemain Oversize Cost 70,267.50 C. Wetwell Oversize Cost 11,500.00 SUBTOTAL 114,089.82 + 7.5% Engineering 8,556.73 TOTAL CITY PARTICIPATION $122,646.55 ITEM A is the City share of the lift station sized to serve the proposed Moore, Garrett and Ryan Tracts (103 acres) and the existing Nottarb Units land 2 tracts (47.78). The cost of this lift station is $102,000. The City share is 47.78/150.78 (31.7%) of the $102,000. ITEM B is the oversize cost of the 10,725 linear feet from an 8" that would serve the Moore, Garrett and Ryan tracts to a 12" that would serve the entire Master Plan service area. ITEM C is the cost of increasing the wetwell size from 10 foot diameter required in Item A above to 12 foot diameter required to serve the entire Master Plan service area. 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. FIR1 NA1.1E:— r 1 G ADDRESS: 3 7 3 3 %✓ldnie,� FIR1 is 1. Corporation (1.--1- 2. Partnership ( ) 3. Sole Owner 4. Association ( ) 5. Other ( ) DEFINITIONS The following definitions of terms should be used in answering the questions set forth below: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or parttime basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commerical, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division' Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. E -1 IT "C" 1. State the name, of each "employee" of the Ci• of Corpus Christi cng an "ownership est" constituting 3% or mock, of••the dwnershi The above named "firm." Name Job Title and City Department (if known) 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 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 th t supple ta-1- atements will be promptly submitted to the'City of C pus Chri--t ,-T asrchanges occur. Name of Certifying Person: /i4'l Signature of CertCff/frig Person: Date Signed: Corpus Christi, Te g)kday of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 198` 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 ?u/;Tall THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones,�." Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 1905'7