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Home My WebLink About025637 ORD - 01/20/2004AN ORDINANCE APPROPRIATING $148,635.66 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 TO PAY MOSTAGHASl INVESTMENT TRUST FOR THE INSTALLATION OF 1,238 LINEAR FEET OF AN OFFSlTE 24-INCH PVC GRAVITY SANITARY SEWER TRUNK MAIN AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP KING'S POINT UNIT 4 SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $148,635.66 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay Mostaghasi Investment Trust's reimbursement request for the installation of 1,238 linear feet of an offsite 24-inch PVC sewer collection line to develop King's Point Unit 4 Subdivision, 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 THE CITY OF CORPUS CHRISTI Mayor APPROVED ..,j~..~...~ / ,, D ,2004. By: Joseph~Harney ~ Assistant City Attorney For City Attorney ,) f; 3 7 Corpus Christi, ~exas TO THE MEMB{E~S OF THE CITY Corpus Christi, Texas ,2004 COUNCIL 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: INVe, 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, ' Samuel I/. ~e~ ~fr.~, ~yor 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 Garret[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scot[ SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer 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 The Mostaghasi Investment Trust (Developer), 3802 Brockhampton, Corpus Christi, Texas 78414. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 11.6 acres called King's Point Subdivision Unit 4, along Cimarron Boulevard, as shown in Exhibit 1, which is attached and incorporated into this Agreement. WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a Gravity Sanitary Sewer Trunk Main in order for the King's Point Subdivision Unit 4 to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Gravity Sanitary Sewer Trunk Main; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a Gravity Sanitary Sewer Trunk Main; and WHEREAS, it is essential that a portion of the Gravity Sanitary Sewer Trunk Main be constructed in connection with the King's Point Subdivision Unit 4 development for sanitary sewer services to be provided upon completion of the King's Point Subdivision Unit 4; and WHEREAS, it is to the best interest of the City and the Developer for the Gravity Sanitary Sewer Trunk Main be constructed in its permanent sizing and location as specified in the Sanitary Sewer Master Plan for the Southern 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 24-inch Gravity Sanitary Sewer Trunk Main needed for the King's Point Subdivision Unit 4 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City. 2. PLANS AND SPECIFICATIONS Construction shall be in accordance with the plans approved by the City. The plans are attached and incorporated as Exhibit 2. 3. SITEIMPROVEMENTS Prior to construction of the Gravity Sanitary Sewer Trunk Main, Developer will acquire from Owner and dedicate to the City any necessary ROW as part of the final plat of the Kings Point Subdivision Unit 4. 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 Developer shall award a contract and complete the Gravity Sanitary Sewer Trunk Main, under the approved plans and specifications, by March 8, 2004. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $148,635.66, of the 24-inch Gravity Sanitary Sewer Trunk Main and appurtenances (ie. manholes, cleanouts, fittings) within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction of the Gravity Sanitary Sewer Trunk Main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the sanitary sewer line. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees") from all suits, actions, or claims and from afl 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 Gravity Sanitary Sewer Trunk Main 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 and incorporated into this Agreement as Exhibit 3. 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 DEVELOPER: day of ,2004. By: Hossein Mostaghasi Trustee Mostaghasi Investment Trust THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ., 2004, by Hossein Mostaghasi, as Trustee of the Mostaghasi Investment Trust, on behalf of the Trust. Notary Public, State of Texas A~EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: __ day of By: Assistant City Manager ,2004 Joseph Harney Assistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ., 2004, by _, Assistant City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas ClMARRON BLVD. PROP. 24" @ 0.1% (SUBJECT) 24~ SS EXHIBIT 1 VICINITY MAP PROPOSED REVISION OF MASTER SANITARY SEWER PLAN 1" -- 600' BASS AND WELSH ENGINEERING CORPUS CHRISTi, TX COMP. NO. EXB-SS-VIC-MAP dOB NO. 02089 SCALE: 1" = 600' PLOT SCALE: SAME PLOT DATE: 1/5/04 SHEET 1 OF 1 f ? .x ~ X 4 PE~/UN~ X ~0 GPCPD ~ ~ ~ "~ CONmlBuno. F~M YOR~OWN ~ FL g.45 SIMEON BL~ ~AC~ OF 24" ~ 0.1~ = ¢.7 MGD 0.1~ (SU~ECT) / EXIDNO 24' SS .... FIGURE 2 ~ o ' PROPOSED REVISION OF MASTER ~ ~ SANITARY SEWER P~N o ~ 1" = 600' ~ o COMP. NO. EXB-SS JOB NO. 02089 PLOT ~ ~E PLOT ~: 12/12/05 EXISTING 32.66' AEP TRANSMISSION EASEMENT -~ I I PROP. 54" RCP-,,,,.,~. 0 o o EXISTING 12"' SSFM~ - _EXISTII~G 40'_ Row- 20' I 20' I 4o' FUTURE 80' ~TREET ROW i~-PROP. 24' SS TYPICAL ROW SECTION CIMARRON BLVD. - SOUTHERLY PORTION 1" = 40' FIGURE BASS AND WELSH ENGINEERING CORPUS CHRIST], TX COMP. NO. EXB-SS-A JOB NO. 02089 SCALE: 1 · = 40' PLOT SCALE: SAME PLOT DATE: 12/13/03 SHEET 1 OF 1 I" MIN. 2" MAX. NEATLY MOUND COMPACTED ~ TRENCH BACKFILL ~ MIN. 95~ STD. PROPOSED 24" GRAVITY SS ~ ~ CRUSHED STONE 45 EMBEDMENT TO MIDHEIGHT OF PIPE~ ~~,~ t'~. . BACKFILL MA TERIAL O.D. +2' SANITARY SEWER BEDDING//BACKFILL DETAIL NOT TO SCALE FIGURE 4 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB-SS-B JOB NO. 02089 SC. ALE: 1" = 20' PLOT SCALE: SAME PLOT DATE: 12/15/03 SHEET 1 OF 1 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, 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 z ~ b. Ordinance appropriating $148,635.66 from the Sanitary Sewer Cc!!c~'~'rkine Trust Fund No. 4220- to pay Mostaghasi Investment Trust, for the installation of 1,238 linear feet of an offsite 24- inch PVC Gravity Sanitary Sewer Tru/~k Main as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop King's Point Unit 4 Subdivision; and declaring an emergency. Amount Required: $148~635.66 Fund Name Fund No. Org. No. Account Project Amount No. No. Sanitary Sewer Trunk System 4220 21801 540450 $148,635.66 Trust Fund Total $148,635.66 Certification Not Required D~rector of Finanmal Services Date: I [Printon Green Paper] I