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Home My WebLink About025638 ORD - 01/10/2004AN ORDINANCE APPROPRIATING $700,000.00 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 TO PAY HOGAN DEVELOPMENT FOR THE INSTALLATION OF A 10,000 FOOT, 10-INCH FORCE MAIN, A LIFT STATION AND APPURTENANCES AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP LIFT STATION NO.11 AND FORCE MAIN FOR SERVICE AREAS EAST OF RODD FIELD ROAD AND SOUTH OF HOLLY ROAD; AND DECLARING AN EMERGENCY. BElT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $700,000.00 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay Hogan Development's reimbursement request for the installation of a 10,000 foot, 1 O-inch force main to develop Lift Station No1 11 and force main for service areas east of Rodd Field Road and south of Holly Road, 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. ATrEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor APPROVED By: Josepi~rney~ Assistant City Attorney For City Attorney Corpus Christi, Texas TO THE MEMBERS OF 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 SANITARY SEWER TRUNK SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Trunk 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 Hogan Development Company, L.P. ("Developer"), a Texas Domestic Limited Partnership, 304 Chama, Victoria, Texas 77904. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, east of Spur 3 and south of Holly Road, as shown on Exhibit 1, which is attached to and incorporated into this Agreement. WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a Sanitary Sewer Trunk Force Main and Lift Station in order for the development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 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 a Sanitary Sewer Trunk Force Main and Lift Station; and WHEREAS, it is essential that a portion of the a 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 a 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 Southern Area of Corpus Chdsti; 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 a Sanitary Sewer Trunk Force Main and Lift Station needed for the development in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. Agmt-Trus[-He<Jan Page 1 of 5 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 a Sanitary Sewer Trunk Force Main and Lift Station, as shown in Exhibit 2, which is attached to and incorporated into this Agreement, with the following basic design: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity. (b) The force main will begin at the new Lift Station, which will be constructed under this Agreement adjacent to Wooldddge Road approximately 10,000 feet east of the Wooldridge Road Lift Station #2, and end at Wooldridge Road Lift Station #2. (c) The plans and specifications for the Lift Station must comply with 30 TAC Chapter 317. (2) SANITARY SEWER TRUNK FORCE MAIN (a) Install approximately 10,000 feet of 10 inch sanitary sewer trunk line. (b) The force main will begin at the a the new Lift Station, which will be constructed under this Agreement adjacent to Wooldridge Road approximately 9,500 feet east of the Wooldddge Road Lift Station #2, and end at Wooldridge Road Lift Station #2 designated by the City. The size of the force main will be dictated by 30 TAC Chapters 290 and 317. (c) The plans and specifications for the Lift Station must comply with 30 TAC Chapter 317. b. Before the Developer starts construction the plans and specification for the Lift Station and Sanitary Sewer Trunk Force Main must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS a. Prior to construction of the sanitary sewer trunk Sanitary Sewer Trunk Force Main and Lift Station, Developer shall will acquire and dedicate to the City the any required additional street right-of-way or utility easements. 4. PLA'Cf'lNG FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. Agmt-Trus[JAogan Page 2 of 5 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the sanitary sewer trunk Sanitary Sewer Trunk Force Main and Lift Station, under the approved plans and specifications, by September, 2004. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost of the sanitary sewer trunk Sanitary Sewer Trunk Force Main and Lift Station 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 sanitary sewer trunk Sanitary Sewer Trunk Force Main and Lift Station 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 trunk Sanitary Sewer Trunk Force Main and Lift Station. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ('?ndemnitees") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, adsing from or incident to this Sanitary Sewer Trunk Force Main and Lift Station construction. 8. Developer further agrees, in compliance with the City of Corpus Chdsti Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached 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 day of ,2004. DEVELOPER: By: NAME TITLE Hogan Development Company, L.P. Agrnt-Trust-Hogan Page 3 of 5 THE STATE OF TEXAS COUNTY OFNUECES This instrument was acknowledged before me on ,2004, by , as , of Hogan Development Company, L.P., a Texas Domestic Limited Partnership, on behalf of the Hogan Development Company, L.P.. Notary Public, State of Texas Agrnt-Trust-Hogan Page 4 of 5 A~-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Margie C. Rose Assistant City Manager APPROVED: __ day of ,2004 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-Trus[-Hogan 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 certif~ 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 Act]on Dais: January 2;', 2004 Ordinance appropriating $700,000 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Hogan Development Company. for installation of 10,000 foo~, 10 inch force main, a lift station and appurtenances as specified in the Sanitary Sewer Construction and Retmlx~semeflt Agreement to develop Lift Station No. 11 and Force Main for the service areas East of Rodd Field Road and South of Holly Road; and declaring an emergency. Ai/tount Required: $700,000.00 Fund Name Fund Org. No. Account Project Amount No. No. No. Sanitary Sewer Trunk System 4220 21800 540450 00000 $700,000.00 Trust Fund Total C~rtifl~atlon Not Required I F'r t Paper] I