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Home My WebLink About18868 ORD - 06/04/1985AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOMMY RACK PROVIDING FOR SANITARY SEWER SERVICE TO A 62.44 ACRE TRACT OF LAND LOCATED IN THE NORTHEAST QUADRANT OF INTERSTATE HIGHWAY 37 AND McKENZIE ROAD; AUTHORIZING A VARIANCE TO THE REIMBURSEMENT PROVISIONS OF THE PLATTING ORDINANCE AND PROVIDING FOR THE CITY REIMBURSING THE DEVELOPER FOR THE COSTS TO CONSTRUCT THE LIFT STATION AND FORCE MAIN NECESSARY TO PROVIDE SANITARY SEWER SERVICE; APPROPRIATING $97,297.16; 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 Tommy Rack providing for sanitary sewer service to a 62.44 acre tract of land located in the northeast quadrant of Interstate Highway 37 and McKenzie Road, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That a variance to the reimbursement provisions of the Platting Ordinance is hereby granted and that the City reimburse the developer for the costs to construct the lift station and force main necessary to provide sanitary sewer service. SECTION 3. That there is hereby appropriated $97,297.16 from the Sanitary Sewer Collections Line Trust Fund No. 145-247.96. SECTION 4. 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 4th day of June, 1985. ATTEST: k.1•9ft.-t51 alSL• City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ePPROVED: ? DAY OF JUNE, 1985 Me1lnr)-.."--e---7.- Assistant City Attorney 18868 MICROF%1.MEO 02.130.01 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, hereinafter called "City", and Tommy Rack, hereinafter called "Developer", and pertains to providing sanitary sewer service to a 62.44 acre tract of land located in the northeast quadrant of Interstate Highway 37 and McKenzie Road, to be known as "River Square", WHEREAS, the Developer is required to provide sanitary sewer service to River Square in accordance with the City Platting Ordinance and the Sanitary Sewer Master Plan; and WHEREAS, the most direct and economical route for a gravity sanitary sewer line from River Square to the existing sanitary sewer is through City -owned property being utilized as a sanitary landfill; and WHEREAS, the City desires to keep the landfill site free of encumbrances which might restrict its full utilization. NOW, THEREFORE, the City and Developer agree as follows: 1. Developer agrees to finance and construct, or cause to be constructed, a lift station on Carbon Plant Road approximately 350 feet north of McKenzie Road on City -owned property, and a 10 inch force main along the westerly and northerly boundaries of the landfill site to an existing 27 inch gravity sanitary sewer as shown on attached Exhibit "A". 2. The wet well of the lift station and the force main shall each be sized to accommodate the discharge from River Square and the tributary area upstream as shown on Exhibit "A", a total of approximately 310 acres. The pumps and impellers may be sized to only accommodate the discharge from the River Square development. 3. The offsite 12 inch gravity sewer from the River Square development to the lift station shall be financed and constructed in accordance with the provisions of the City Platting Ordinance, Section V, 6, f, 2. 4. The City agrees to reimburse the Developer for the cost of the lift station and force main, plus 7-1/2% engineering. Said cost is estimated to be Ninety -Seven Thousand Two Hundred Ninety -Seven and 16/100 Dollars ($97,297.16) as shown on attached Exhibit "B". The actual reimbursement amount may be adjusted upon completion of the work, but in no event shall it exceed the above stated amount. Reimbursement shall be made after completion and acceptance of the improvements and upon receipt of certification of the actual construction costs by the Engineer. 02.130.01 • 5. 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. 6. Developer further agrees to complete, as part of this Agreement, the Disclosure of Interests form attached hereto and labeled Exhibit "C". 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, this the day of , 1985. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Edward A. Martin, City Manager APPROVED: , 1985 Assts •nt City Attorney APPROVED: DEVELOPER: James K. Lontos, P.E. Assistant City Manager THE STATE OF TEXAS § COUNTY OF NUECES § By 'Tommy Rack This instrument was acknowledged before me on , 1985, by Edward A. Martin as City Manager of the City of Corpus Christi, Texas. Notary Public in and for the State of Texas 02.130.01 • THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 1985, by Tommy Rack. Notary Public in and for the State of Texas 02.130.01 7?, EXHIBIT "8" TOTAL PREPARED BY CHECKED BY R. i-. UNMAN DATE 5-/3 -8S JOB NO CONSTRUCTION COST PROJECT The River Square ESTIMATE SHEET NO 1_ OF —1— ITEM DESCRIPTION QUANTITY DIUAN_TIT,Y 55 UNIT COST NIT TOTAL Off -Site Lift Station & Force Main 1. 10" SDR 26 2,678 LF 9.13 24,450.14 2. Air Release Valve 1 EA 1 450.00 I,450.00 3. Combination Air Release Valve & Air & Vacuum Valve 1 EA 3,350.00 3,350.00 4. 10" CI 45° Bend MJ 4 EA 275.00 1,100.00 5. 10" CS 90° Bend 2 EA 295.00 590.00 6. 10" AWWA C-900 PVC 105 LF 22.37 2,348.85 7. Remove & Repair Riprap & CMP For AWWA Crossing (Carbon Plant Rd.) 1 LS 4,820.00 4,820,00 8. Lift Station Complete 1 LS 43,850.00 43,850.00 9. 4' Dia. M.R. (14-16 Deep) w/inside Drop on Existing 27" VCP Line 1 EA 8,550.00 8.550.00 SUB -TOTAL: 90,508.99 74 ENGINEERING 6,788.17 TOTAL: 97,297.16 EXHIBIT "8" TOTAL PREPARED BY CHECKED BY R. i-. UNMAN DATE 5-/3 -8S JOB NO - 0:' CITY OF CORPUS CHRIST{ ' l •• . DISCLOSURE OF INTERESTS Oty of Corpus Christi Ordinance 17112. as amended requires all person or firms peeking to do business with the City to provide the folktwinp Information. Every question must b. answered. If the question Is not applicable. answer with Corpavtiaas whose shares are publicly traded and Ibted an notional or regional stock exchanges or aver -the counteimarksts may file a current Securities and Exchakg* Carrs nisslmt Farm 10-K with the Ory In Dar of answering •; the ti below. See reserve side for ddWHans. ¢g Tercro Development Ince ; k•j.:,r 'lE?S;: ","��gD 10X24 Leopardi a ++• ^ �.. 4-44. - ,. Corpus Christ, Tames npd 784I0 ,I.+ . r4n v;yj'.T �:. �a '}'^•'•- y _ i j ,,1 4 5 _ . - +'!. ,s�, y'r FIRM Is. 1. Corporation ( ) 2. Partnership ( ') 3. Sole Owner ( ) 4. Association ( ) S. Other ( ) DISCLOSURE QUESTIONS N 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 Oty d Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownership In the above named "firm.' Job Title and Oty Department (if known) None ' 2. State the names of each 'ofictal" of the City d Corpus Christi having an 'ownership interest' constituting 3% or more of the ownership In the above named "firm". Name Title None 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 None - CERTIRCATI.. .. :. ' Iced* that all InformoHar provided Is intra and cornu 01'01 t .dal. of this statement. that 1 haw. not knowingly withheld disclosure d any bde motion requested; and that supplemental statements will be promptly submitted t. the City of Corpus Christi. Texas es thong's occur.• Co"••':•iffying Pusan E. Rack: • ;o, . .': , President- Sipnonno d Certilybg-P.rsamt I )14. 1V £ le--, '' Februarg 72, 2985' EXHIBIT "C" CITY OF CCRPOS CHRISTI, TEXAS CERcTIFTCATICV OF FUNDS (City Charter Article IV Section 21) May 30, 1985 I certify to the City Ctmmc+1 that $ 97,297.16 , 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 M. and Name No. 145-247.96 Sanitary Sewer Collections Line Trust Fund Project Name River Square Subdivision (Lift Station & Force Main) fx>n which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 a 19 �S� • Corpus Christi, Te s day of , 198 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 CI Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed y :hehfollowing vote: Luther Jones r , Dr. Jack Best Or David Berlanga, Sr. Leo Guerrero it _ Joe McComb' /7 Frank Mendez I, Bill Pruet Or, Mary Pat Slavik / Linda Strong 6( 18888