HomeMy WebLinkAbout027461 ORD - 10/30/2007Page 1 of 2
AN ORDINANCE
APPROPRIATING IATING $71,641.71 FROM THE ARTERIAL IAL TF ANSMISSION
GRID MAIN TRUST FUND NO. 540450-21805-4030 TO REIMBURSE
(BURSE
BAYBREEZE DEVELOPMENT, L.P., FOR THE INSTALLATION OF
1,240 LINEAR FEET OF 12 -INCH PVC WATER GRID MAIN; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $71,641.71 is appropriated from the Arterial Transmission & Grid
Main Trust Fund No. 540450-21805-4030 to reimburse Baybreeze Development, L.P.,
owners and developers of Los Arboles at Terra Mar Unit 2, for the installation of 1,240
linear feet of 12 -inch PVC water grid main, located south of Holly Road and east of
Rodd Field Road.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 30th of October, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: October 24, 2007
a.13,1)94)
Ga W. Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
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Corpus Christi, Texas
Day of DPt pQi�,.._ , 2007
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: l/vire, 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, F s ctfully,
Council Members
Fit Ai A Ail
H -n Garr
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael al IlC utch ori
L
A fr-Jint
-4AAOt-
02746.1
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ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND
REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Arterial Transmission and Grid Main Construction and Reimbursement Agreement
("Agreement")is entered into by and between the City of Corpus Christi, a Texas home -
rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277,
(hereinafter "City"), and Ba bree a Development, L.P., 800 N. Shoreline, Suite 350-S,
Corpus Christi, Texas 78401, (hereinafter "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately '15 46 acres called Los Arboles at Terra Mar
Unit 2, located south of Holly Road and east of Rodd Field Road, as shown in the
attached Exhibit 1;
WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of
a 12 -inch PVC arterial transmission grid main in order for Los Arboles at Terra Mar Unit
2, to have water service. In the future the proposed grid main will be connected to the
existing 12" public water system in the Holli Road right-of-way to complete the water
loop;
WHEREAS, Developer, will soon be commencing construction on infrastructure and
related site improvements in accordance with City approved construction plans and
specifications:
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a 12 -inch PVC arterial transmission and grid main;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a 12 -inch PVC arterial transmission and
grid main;
WHEREAS, it is essential that the 12 -inch PVC arterial transmission and grid main be
constructed along future Ennis Jo lin Road in connection with Los Arboles at Terra Mar
Unit 2 to serve this area.
WHEREAS, it is to the best interest of the City and the Developer for the 12 -inch PVC
arterial transmission and grid main be constructed at this time, along with Developer's
project, to serve the area specified in the Water Distribution Master Plan, 1997;
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
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1. REQUIRED UIFEED CONSTI UCTI N
The Developer shall construct the 12 -inch PVC arterial transmission and grid main
needed for Los Arboles at Terra Mar Unit 2 in compliance with the City's Platting
Ordinance and under the plans and specifications approved by the 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 12 -inch PVC arterial transmission and grid main, as shown in Exhibit 2,
with the following basic design:
(1) Install 1,240 linear feet of 12 -inch PVC transmission/grid main.
(2) Install 2 (two) 12" Gate Valve and Box
(3) Install 1 (one) 12" x 8" Cross
(4) Install 3 (three) Fire Hydrants
(5) Install 1 (one) Plug
(6) Install 2 (two) 12" 45 degree Bends
(7) Tie to Existing 12" Waterline
The transmission/grid main will be constructed along the east side of future
Ennis Joslin Road from the existing 12 -inch water line previously installed by
others on Holly Road and extending south to the southeast corner of Los
Arboles at Terra Mar Unit 2.
b. The plans and specifications shall comply with City Standard Water Detail
Sheets and Standard Specifications.
c. Before the Developer begins construction, the plans and specification must
be approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
ENTS
Prior to construction of the 12 -inch PVC arterial transmission and grid main, the
Developer shall acquire and dedicate to the City the required utility easement or right-of-
way for the installation of the 12 -inch PVC arterial transmission and grid main.
4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required
acreage fees as required by the Platting Ordinance.
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. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. TS. Developer shall award
a contract and complete the 12 -inch arterial transmission and grid main, in accordance
with the approved plans and specifications, by October 31, 2008.
6. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of this contract.
. DEFAULT.
The following events shall constitute default:
a. Developer fails to engage a professional engineer for the preparation of plans
and specifications for this project by the 10th calendar day after the date of
approval by City Council.
b. Developer's professional engineer fails to submit the construction plans and
specifications to the City's Director of Engineering Services by the 40th
calendar day after the date of approval by City Council.
c. Developer fails to award a contract for the construction of the project,
according to the approved plans and specifications, by the 70th calendar day
after the date ofapproval by City Council.
d. Developer's contractor does not reasonably pursue construction of the project
according to the approved plans and specifications.
e. Developer's contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before October 31, 2008.
In the event of default, the City shall have all its common law remedies in addition to the
following:
a. Cancellation of this reimbursement ent agreement without notice or cure.
b. Refusal to record plat(s) or issue any certificate of occupancy for any
structure to be served by the project.
8. THIRD -PARTY BENEFICIARY.
Developer's contracts with the professional engineer for the preparation of the plans
and specifications for the construction of the project, contracts for testing services, and
with the contractor for the construction of the project shall provide that the City shall be
a third party beneficiary of each contract.
9. PERFORMANCE AND PAYMENT BONDS.
Developer shall require its contractor for the construction of the project, before
beginning the work, to execute to Developer and the City a performance bond if the
contract is in excess of $100,000 and a payment bond if the contract is in excess of
$25,000. The performance and payment bond shall comply with Texas Government
Code, Chapter 2253 and shall be in the form and substance as attached hereto.
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10. NOTICE.
Should Developer fail to perform any obligation or duty of this agreement, the City shall
give notice to Developer, at the address stated above, of the need to perform such
obligation or duty, and should Developer fail to perform forr the required obligation or duty
within 15 days of receipt of the notice, the City may perform the obligation or duty,
charging the cost of such performance to Developer. Developer will pay to City the cost
of such performance within 30 days from the date Developer receives notice of the cost
of such performance. Notice required by the paragraph may be by United States Postal
Service, First Class Mali, Certified, Return Receipt Requested, postage prepaid; by a
commercial delivery service that provides proof of delivery, delivery prepaid; or by
personal delivery. in the alternative, in the event of Developer's failure to cure any such
breach after notice, the City may terminate this agreement. The provision for notice and
cure contained herein shall not apply to a default under paragraph 7 hereinabove.
11. WARRANTY.
Developer shall fully warrant the workmanship hip of and function of the 12 -inch PVC
arterial transmission and grid main and the construction thereof for a period of one year
from and after the date of acceptance of the facilities by the City Engineer
12. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 12 -inch PVC arterial
transmission ission and grid main, not to exceed $71,641.71 within 30 days upon invoicing by
the Developer, if the work has been completed, inspected and accepted by the City.
The City agrees to conduct periodic inspections of the progress of the work at key
points during the construction.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 12 -inch PVC arterial transmission and grid main by the
professional engineer hired by the Developer.
13. INDEMNIFICATION, Developer shall indemnify and hold harmless the City, its
agents, officers, a►d employees 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, arising from
or incident to this 12 -inch PVC arterial transmission and grid main construction.
14. This agreement is a covenant running with the land, Los Arboles at Terra Mar Unit
2, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public
Records of Nueces County, Texas.
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15. DISCLOSURE OF OWNERSHIP INTERESTS. 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 hereto as Exhibit
3.
16. EFFECTIVE. 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 , 2007.
ATTEST: CITY F CORPUS CHRISTI
By:
Armando Chapa, City Secretary George K. Noe, City Manager
APPROVED: day of , 2007
By:
Garry W. Smith
Assistant City Attorney
For the City Attorney
THE STATE OF TEXAS
COUNTY OF N U EC ES
This instrument was acknowledged before me n — , 2007, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
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DEVELOPER:
By:
Nancy G. Summers, Manager
Baybreeze Development, L.P.
By: General Partner: Hogan Development Company, L.P.
By: Seabreeze, Ltd. Co.
Its General Partner
800 N. Shoreline Boulevard, Suite 350S
Corpus Christi, Texas 78401
THE STATE OF TEXAS
COUNTY OF NIECES
This instrument was acknowledged before me on , 2007, by
Nancy G. Summers, Manager, on behalf of Baybreeze Development, L.P.
Notary Public, State of Texas
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CITY•OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(CIty Charter Article P/, Sections 7 & 8)
_!,._th&Director_ofFinanceofth&CityotGorpusChristi, Texas(othiherduFyauthorized___, _.._
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: October 30, 20a7
b. Ordinance appropriating $71,641.71 from the Arterial Transmission and Grid Main
Trust Fund 540450-21805-4030 to pay the Baybreeze Development, L.P.,
reimbursement request for the installation of 1,240 linear feet of a 12 -inch PVC
Water Grid Line to develop Los Arboles at Terra Mar Unit 2; and declaring an
emergency.
Amount Required: 0,041.T1,
Fund Name
Fund No. •Org.
No.
, Account
No.
Project
No.
Amount -
Arterial Transmission and Grid
Main Trust
-'-�------------- ---- - - - _. �--------------------�-
; 4030
-
2180/
5
1 540450
rrrrwr�r�■r
000000
iuu�ui ■
iui��■�i�i
$71,641.71
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w
Irr
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Total$71,41.1
Certificatlon Not Required
Director of Fi coal Services
Date: ids72.-A---7