The URL can be used to link to this page

Home My WebLink About025626 ORD - 01/20/2004AN ORDINANCE APPROPRIATING $2,108,755.00 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY YORKTOWN OSO JOINT VENTURE FOR THE INSTALLATION OF APPROXIMATELY 8,000-LINEAR FEET OF 18 TO 27 INCH GRAVITY SANITARY SEWER LINE, APPROXIMATELY 2,500 LINEAR FEET OF 8-INCH FORCE MAIN LINE, A LIFT STATION AND APPURTENANCES AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT, LOCATED IN THE SOUTHSlDE OF CORPUS CHRISTI PRIMARILY ALONG THE AIRLINE ROAD RIGHT-OF- WAY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,108,755.00 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay Yorktown Oso Joint Venture's reimbursement request for the installation of 8,000 linear feet of 18 to 27 inch Gravity Sanitary Sewer line, approximately 2,500 linear feet of 8-inch force main line, a Lift Station and appurtenances located in the Southside of Corpus Christi primarily along the Airline Road right-of-way, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 20th day of January, 2004. ATTEST: Armando Chapa City Secretary THECITYOFCORPUSCHRISTI Mayor APPROVED ~ .... -~J / /i' ,2004. By: Josep~ Harney ?~ Assistant City Attorney For City Attorney Corpus Christi, Texas TO THE MEMBER~:~F THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott DRAFT SANITARY SEWER GRAVITY TRUNK MAIN, SANITARY SEWER TRUNK FORCE MAIN, AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Yorktown Oso Joint Venture ("Developer"), a Texas limited partnership, of 5337 Yorktown, Corpus Christi, Texas 78414. WHEREAS, Developer plans develop land located south of Yorktown Boulevard and east of the future Rodd Field Road extension, as shown on Exhibit 1, which is attached to and incorporated into this Agreement; and WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station in order for future development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station; and WHEREAS, it is essential that a portion of the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station be constructed in its permanent sizing and location as specified in the Sanitary Sewer Master Plan for the South Area of Corpus Christi; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station needed for the development in compliance with the Agmt-Trust-YorkOso Page I of 5 City's Platting Ordinance and under the plans and specifications approved by City Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station, as shown in Exhibit 2, with the following basic design: LIFT STATION: (1) Lift station structure designed for ultimate capacity. (2) The 8-inch force main will begin at the lift station and end and tie into the 18 inch sanitary sewer gravity trunk main that parallels the Rodd Field Road extension, at a location approximately 2,000 feet south of Yorktown Boulevard, as shown on Exhibit 3. The size of the force main will be dictated by design. SANITARY SEWER GRAVITY TRUNK MAIN (1) Install 3550 feet of 27 inch, 1500 feet of 24 inch, 1300 feet of 21 inch, and 2000 feet of 18 inch sanitary sewer Trunk Main. (2) Install manhole's along the Trunk Main. (3) The Sanitary Sewer Gravity Trunk Main will begin at a location adjacent to the proposed Rodd Field Road extension approximately 2,000 feet south of Yorktown Boulevard and end and tie into at Vineyards Lift Station. The location of the manholes will be dictated by design plans. SANITARY SEWER TRUNK FORCE MAIN (1) Install 2,500 feet of 8 inch sanitary sewer Trunk Main. (2) The force main will begin at the new lift station to be constructed adjacent to the Rodd Field Road extension approximately feet south of Yorktown Boulevard and end and tie into the 18 inch sanitary sewer gravity trunk main that parallels the Rodd Field Road extension, at a location approximately 2,000 feet south of Yorktown Boulevard, as shown on Exhibit 4, which is attached to and incorporated into this Agreement. b. The plans and specifications for the Lift Station must comply 30 TAC Chapter 317. c. The plans and specifications for the Sanitary Sewer Gravity Trunk Main and Sanitary Sewer Trunk Force Main must comply 30 TAC Chapters 290 and 317. Agrnt-Trust*YorkOso Page 2 of 5 d. Before the Developer starts construction the plans and specification must be approved by the City's Director of Engineering Services. 3. SITEIMPROVEMENTS a. Prior to construction of the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station, Developer shall will acquire and dedicate to the City the site for the new Lift Station and the necessary utility easements for the Sanitary Sewer Gravity Trunk Main and Sanitary Sewer Trunk Force Main, including a 15 feet wide utility easement along Airline Road from the Vineyards lift station to intersection with Rodd Field Road, a 20 feet wide utility easement along Rodd Field Road from the Airline Road intersection to Yorktown Boulevard, a 20 feet wide utility easement along the proposed Rodd Field Road extension from Yorktown Boulevard to the site of the new Lift Station, a 25 feet wide construction easement adjoining and parallel to the utility easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS a. Developer shall award a Developer's Construction Contract and complete the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station, in accordance with the approved plans and specifications, by September, 2004. b. In awarding the Developer's Construction Contract, the Developer must comply with Parts A and B of this Agreement and the Notice to Contractors - A - Insurance Requirements, which are attached to and incorporated into this Agreement. c. In addition to meeting any requirements of the Developer, the Developer's Contractor must agree to the terms of this Agreement, Parts A and B of this Agreement, and the Notice to Contractor- A- Insurance Requirements. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station. b. City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed as specified in Part A of this Agreement. Reimbursement of eligible costs will be made within 15 days from the date of invoice. c. To be eligible for reimbursement, the work must have been completed, the Developer and Developer's Contract must have complied with all of the applicable requirements in Part A, Part B, and the Notice to Contractor- A- Insurance Requirements, and the work must have been inspected and accepted by the City. Agrnt-Trust-YorkOso Page 3 of 5 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees") from all suits, actions, or claims and from all liability for any and afl injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit 5. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Margie C. Rose Assistant City Manager APPROVED: day of ,2004 By: R. Jay Reining First Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by Margie C. Rose, Assistant City Manager, City of Corpus Christi, Texas, a Texas home- rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Agmt-Trust-YorkOso Page 4 of 5 DEVELOPER: By: NAME TITLE Yorktown Oso Joint Venture THE STATE OF TEXAS COUNTY OFNUECES This instrument was acknowledged before me on ,2004, by , as ., Yorktown Oso Joint Venture, a Texas limited partnership, on behalf of the partnership. Notary Public, State of Texas Agmt-Trust-YorkOso Page 5 of 5 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Chdsti, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: January ~;~, 2004 Ordinance approving the eneumbmrme of $2,108,755.00 in the Sanitary Sewer Trunk System Trust Fund to pay Yorktown Oso Joint Venture, for the construction and installation of approximately 8,000 linear feet of 18 to 27-inch gravity sanitary sewer, about 2,500 linear feet of 8-inch force main, a lift station and appurtenances, located in the south side of Corpus Chdsti, mainly along the Airline Road street right-of-way; and declaring an emergency. Amount Required: $2,108~755.00 Fund Name Fund No. Org. No. Account Project Amount No. No. Sanitary Sewer Trunk System 4220 21800 540450 $2,108,755.00 Trust Fund Total $2,108,755.00 Certification Not Required Director of Financial Services Date: [Print on Green Pa~erI I