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Home My WebLink About18470 ORD - 09/18/1984,/ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KING'S CROSSING LAND VENTURE ASSOCIATES, PROVIDING FOR CITY PARTICIPATION IN THE OVERSIZE COSTS OF FORCEMAIN IMPROVEMENTS; APPROPRIATING $11,994.05; 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 King's Crossing Land Venture Associates, developer of King's Crossing Unit 1 Subdivision, providing for the City's participation in the oversize costs of forcemain improvements coincidental with the development of the subdivision, a copy of which agreement is attached hereto and made a part hereof marked Exhibit A. SECTION 2. That there is hereby appropriated $11,944.05 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 18th day of September, 1984. ATTEST: Ci ecretar MAYOR THE CITY APPROVED: /-DAY OF SEPTEMBER, 1984 J,�BRUCE AYCOCK, CITY ATTORNEY By Assistant City ttorney 18470 F CORPUS CHRISTI, TEXAS THE STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT KNOW ALL BY THESE PRESENTS: This Agreement is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and King's Crossing Land Ventures Associates, 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 King's Crossing, Unit 1 Subdivision. NOW THEREFORE, the "City" and "Developer" agree as follows: 1. The "Developer" is obligated, as a requirement of the "City" Platting Ordinance, to construct a 10 -inch site sanitary sewer force main from the proposed lift station (no. 2) located on the southwest corner of Yorktown Boulevard and Cimarron Boulevard to a point 2350 feet north along Cimarron Boulevard; and, an on-site 8 -inch sanitary force main from the proposed lift station (no. 1) at Lens Drive and Cimarron Boulevard to the proposed 18 -inch gravity sewer line at Cimarron Boulevard and Grenoble for the purpose of providing sanitary sewer service to said subdivision. 2. The "Developer" agrees to construct 2350 linear feet of 12 -inch off-site sanitary sewer force main from the proposed lift station at Yorktown and Cimarron to a point 2350 feet north along Cimarron, as shown on Exhibit "A" and 3850 linear feet of 19 -inch on-site sanitary sewer force main along Cimarron Boulevard from the proposed lift station (no. 1) on Cimarron to the 18 -inch gravity sewer line at Grenoble Drive, as shown on Exhibit "B" attached hereto and made a part hereof. This construction will be contracted for and financed by the "Developer". 3. The "City" agrees to pay the "Developer" approximately $11,944.05 as reimbursement of its share of the cost for the above stated construction (which amount represents a prorata share of the construction cost, plus an additional 7.5% of the prorata figure as Engineering fees.) The actual reimbursement will be adjusted according to the actual construction cost and will be made after completion of the work. 4. The "Developer" agrees to indemnify and forever save harmless the "City", its officers, agents, and employees, for any and all lawsuits, claims, damages, liabilities, losses, and expenses (including court costs, attorneys fees, and expert witness fees) for or on account of any injury to any person, or death at any time resulting from such injury, or damage to any property, which may arise or which may be alleged to have arisen out of or in connection with any activity by "Developer", its agents, employees, or independent contractors pursuant to this agreement. 5. The "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 Exhibit "D". 6. The 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, this the day of , 1984. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Edward A. Martin, City Manager APPROVED: DAY OF , 1984: J. BRUCE AYCOCK, CITY ATTORNEY By: By: Assistant City Attorney James K. Lontos, P.E. Assistant City Manager ATTEST: KING'S CROSSING LAND VENTURES AND ASSOCIATES: DEVELOPER By: THE STATE OF TEXAS § COUNTY OF NUECES § Henry Tucker, General Partner This instrument was acknowledged before me on , 1984 by Edward A. Martin as City Manager of the City of corpus Christi, Texas. Notary Public, State of Texas Nueces County My Commission expires: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1984 by Henry Tucker, a General Partner, on behalf of King's Crossing Land Ventures and Associates. Notary Public, State of Texas Nueces County My Commission expires: I 5 1" I AlAAc, Cou.vry I ROAW 1 Saratoga Blvd. „,01 - + + Afo Zo 6 - ffk -I- 4 - RANCH 65 1 2 5 14, 0 4 9 Ycirktor Blvd ROA PROPOSED OVERSIZING 10" FORCE MAIN - 2350 FEET I TO 12" 71PROIIOSED LIFT STATION N0! 2 OFFSITE NASO. TRACT .J yr: y 0 • .F7 TRACT 4 RODD FIELD • TRACT 3 EXHIBIT "A" 4_ 4_ 31 ; 17, 16 + 1 iC •�uan 24 a 23 2, ++� -1- -1-- --- -1---- -I � I I �� Nei• FJ .� . 2< / ro; 5 3, 1 N N 25 32 - - 12� 16: FeODD FIELD I I_ 7 - 16' r� PROPOSED OVERSIZING 8" TO 10" ONSITE FORCE MAIN — 3850 FEET n T-. PROPOSE b LIFT STATION NO. 1 24 23 EXHIBIT "B" 0 A CONSTRUCTION COST ESTIMATE PROJECT King's Crossing Unit 1 SHEET NO. 1 OF 1 ITEM DESCRIPTION QUANTITY QUANTITY UNIT UNIT COST 10" to 12" 1. 12" PVC FM 2,350 2,468 LF 9.85 2. 10" PVC FM 2,350 2,468 LF 7.92 COST DIFFERENCE + 7.5 % ENGINEERING REIMBURSEMENT TOTAL $24,309.80 19,546,56 $4,763.24 357.24 $5,120.48 8" to 10" 1. 10" PVC FM 3,850 4,043 LF 7.92 2. 8" PVC FM 3,850 4,043 LF 6.35 (.UST UICCCRCNC1 +7.5% Engineering REIMBURSEMENT TOTAL FM REIMBURSEMENT 32,020.56 25,6/3.05 ,6,34/.51 476.06 $6,823.57 $11,944.05 EX/./13,T • G " TOTAL PREPARED BY PDV DATE 8-10-84 CHECKED BY JOB NO 90354 10 1]11V UNMAN 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• Corpus Christi Land Venture Asspciates STREET: 3041 !folly FIRM is: 1. Corporation ( ) CITY- Corpus Christi 71p. Texas 2. Partnership (X ) 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 notnes 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 Deportment (if known) N/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 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, or Committee N/A 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: Henry Tucker Signature of Certifying Person: Iryw.. rrinq Title. General Partner Date- 9-4-84 Ek'/8/T rD" 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 commercial, 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, includ- ing 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." Corpus Christi, xas IvQQ11 44— day of 7 , 1984 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, MAYOR Council Members THE CIS" OF CORPUS CHRISTI, TEXAS The above ordinance was passe y the following vote: Luther Jones �)) Betty N. Turner David Berlanga, Sr. ir Welder Brown / Leo Guerrero / Dr. Charles W. Kennedy , f Joe McComb Frank Mendez Mary Pat Slavik 18490 CITY OF CORPUS CHRISTI, TEXAS CERITFTCATION OF FONDS (City Charter Article IV Section 21) September 12, 1984 I certify to the City Council that $ 11,944.05 , 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 N. and Name No. 250 Sanitary Sewer Bond Fund Project No. 250-84-3 Project Name King's Crossing Sanitary Sewer Forcemain fmxn which it is proposed to be drawn, and such money is not appropriated for any other purpose. R, 1v , 19 $`f FIN 2-55 Revised 7/31/69 4/ 44 1111 ghs18f- 0,17Al %= AP-42P,I