HomeMy WebLinkAbout032739 ORD - 04/26/2022Ordinance authorizing a Wastewater Trunk Line Construction and
Reimbursement Agreement with Braselton Development Company, Ltd. to
construct off-site wastewater trunk line improvements for a planned residential
subdivision within the city limits, London Towne Unit 6, with a completion
date of 24 months; and appropriating $82,935.48 from the Wastewater
Trunk System Trust Fund to reimburse the developer per the agreement.
(District 3)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a
Wastewater Trunk Line Construction and Reimbursement Agreement
(Agreement) attached hereto, with Braselton Development Company, Ltd for the
construction and installation of 550 linear feet of 21 -inch PSI PVC/PSI wastewater
trunk line which will tie into an existing manhole, to provide wastewater
service for the planned residential subdivision named London Towne
Unit 6, Corpus Christi, Texas. Developer/Owner may use 24" PSI PVC
if the supply of 21" PSI PVC is unavailable. The additional cost of 24" PSI PVC
will be at the Developer/Owner's expense.
SECTION 2. In the event of project delay, the City Manager or designee is
authorized to execute an extension of the Agreement for a period not to exceed a
period of 24 months.
SECTION 3. Funding in the amount of $82,935.48 is appropriated from the No.
4220-21800-777 Wastewater Trunk System Trust Fund to reimburse the Developer
for the construction of the wastewater collection line improvements in accordance with
the Agreement.
SECTION 5. This ordinance takes effect upon passage.
032739
SCANNED
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 1` '''day of (�.'; , 2022, by the following vote:
Paulette M. Guajardo /k�„P John Martinez
Roland Barrerai\-L- Ben Molina
Gil Hernandez /gyk Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing Rrdinance was read for the second time and passed finally on this
the ,11"\day of /4 pr, \ 2022, by the following vote:
Paulette M. Guajardo John Martinez AlArit-
Roland
Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
Ben Molina
ir
Mike Pusley /
Greg Smith
PASSED AND APPROVED on this the alp day of
ATTEST:
Reb-cca Huerta
City Secretary
032 73 9
, 2022.
Paulette M. Guajardo
Mayor
WASTEWATER TRUNK LINE CONSTRUCTIONAND REIMBURSEMENT
AGREEMENT
This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is
entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and
Braselton Development Company, Ltd. ("Developer/Owner"), a limited liability company.
WHEREAS, the Developer/Owner, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on June 09, 2021 to develop
a tract of land, to wit approximately 9.44 acres known as London Town Subdivision Unit 6 as
shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference
into this Agreement;
WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the
Trunk Line, ("Wastewater Improvements");
WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the
Developer/Owner's costs for the construction of Wastewater Improvements;
WHEREAS, it is to the best interest of the City that the Wastewater Improvements be
constructed to its ultimate capacity under the City's applicable Master Plan;
WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be
eligible for reimbursement in the future when funds become fully available in the Wastewater
Trunk System Trust Fund and are appropriated by the City Council;
WHEREAS, the Developer/Owner has submitted an application for reimbursement of the
costs from the Wastewater Trunk System Trust Fund for installing the Wastewater
Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by
reference into this Agreement;
WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk
System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has
priority per UDC §8.5.2. E.
WHEREAS, the Developer/Owner has started construction for the required wastewater
trunk line;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the parties do covenant and agree as follows:
1. TRUSTEE LIABILITY.
a. The City is executing this agreement as trustee of the Wastewater Trust Fund
pursuant to UDC §8.5. The City is acting as trustee to further its governmental
functions of providing water and sewer service. Texas Constitution Article 11, Section
3 prohibits the City from becoming a subscriber to the capital of any private
corporation or association, or make any appropriation or donation to the same, or in
anywise loan its credit. As such, the City's participation as Trustee does not create a
loan of its credit. Execution of this agreement constitutes a promise to pay only to the
Standard Form Wastewater Trunk System Trust Fund
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extent that the assets and future assets of the trust are sufficient for such purpose
and it is expressly agreed that any judgment will only be satisfied out of the assets of
the trust and not out of the City's assets. The City is excluded from personal liability.
b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by
Ordinance No. 17396 to encouraging the orderly development of subdivisions within
and surrounding the City of Corpus Christi, Texas and continues pursuant Texas
Local Government Code §395.O01(4)(C). The revenue generated for funding and
continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to
legislation of the State of Texas and the City of Corpus Christi. Nothing in this
agreement guarantees neither the continuation nor future revenues of the
Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for
modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund.
The Developer/Owner agrees that any modification or termination of the Wastewater
Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute
a breach of trust, an act of bad faith, an intentional or reckless indifference to the
interest of a beneficiary, or a profit derived by the trustee from a breach of trust.
2. PLANS AND SPECIFICATIONS.
a. Developer/Owner shall contract with a professional engineer licensed in the State of
Texas and acceptable to the City's Development Services Engineer to prepare plans
and specifications for the Wastewater Improvements, as shown in the attached
Exhibit 3, the content of such exhibit being incorporated by reference into this
Agreement, with the following minimum requirements:
Item
DESCRIPTION
UNIT
ESTIMATED
QUANTITY
ESTIMATED
QUANTITY+ 5%
UNIT PRICE
SANITARY SEWER IMPROVEMENTS FOR 21" SSWR TRUNK LINE
1
21" Pal PVCIP 1115 ASTM F57' (20'-2Z Cart)
LF
193
203
$ 100.00
2
21" Pal PVCPSI 115 ASTM F5791"22'-24' Cart)
LF
357
375
$ 150.00
3
OSHA Trach Protection
LF
550
578
S 3.00
4
Embedment
LF
550
578
5 15.00
5
5' Diameter Manhole (24'-26" Cut)
EA
1
1
$ 8,500.00
TOTAL SANITARY SEWER IMPROVEMENTS FOR 21" SSWR TRUNK LINE
(Developer/Owner may use 24" PSI PVC if the supply of 21" PSI PVC is unavailable.
The additional cost of 24" PSI PVC will be at the Developer/Owner's expense)
b. The plan must be in compliance with the City's master plans.
c. The plans and specifications must comply with the City's Wastewater Standards
Detail Sheets and Standard Specifications.
d. Before the Developer/Owner starts construction, the plans and specifications must
be approved by the City's Development Services Engineer.
3. REIMBURSEMENT.
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a. The cost for the Wastewater Improvements less $23,973.00 lot/acreage fee credit is
$82,935.48 Subject to the conditions for reimbursement from the Wastewater Trunk
Line System Trust Fund and the appropriation of funds, the City will reimburse the
developer, the reasonable actual cost of the Wastewater Improvements up to an
amount not to exceed $82,935.48 as shown in the attached Exhibit 4, the contents of
such exhibit being incorporated by reference into this Agreement.
b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System
Trust Fund per the UDC and this agreement, the City agrees to reimburse the
Developer/Owner on a monthly basis upon invoicing for work performed. The
submitted invoice shall be deemed administratively complete by the City prior to
payment. The reimbursement will be made no later than 30 days from the date of
the City's administrative approval of the invoice. Developer/Owner shall submit all
required performance bonds and proof of required insurance under the provisions of
this Agreement.
c. Cost -supporting documentation to be submitted shall include:
1. Summary of Costs and Work Performed on Form provided by the Development
Services Department.
2. Contractor and professional services invoices detailing work performed.
3. The first reimbursement request requires submittal of invoices for work
performed. Future disbursements shall provide evidence of payment by the
developer/owner through a cancelled check or bank ACH for the previous
submittal. The final reimbursement request shall require evidence that all
invoices to date have been paid.
d. To be eligible for reimbursement, the work must be constructed in a good and
workmanlike manner and must have been inspected and accepted by the City. The
City agrees to conduct periodic inspections and approve the progress of the work at
key points during construction.
e. The final 5% of the total contract reimbursement amount will be held as retainage
until such time the City issues acceptance of public infrastructure in accordance with
Unified Development Code.
f. In the event that this Agreement is terminated by the City as a result of an uncured
default by the Developer/Owner and at a time when there has been a partial
completion and/or partial payment for the improvements, then the City shall only
reimburse the Developer/Owner for its costs that were legitimately incurred towards
the completion of the improvements that have been inspected and accepted by the
City up to the time that the uncured default occurred.
4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT.
a. All payments, credits, priority of reimbursement, and deferred reimbursement shall
be made in accordance with UDC §8.5. Developer/Owner understands and agrees
that if funds are not available in the Wastewater Trunk System Trust Fund, that
reimbursement will not be made until such funds are available, appropriated, and
Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is
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determined according to the date the reimbursement agreement is approved by the
City Council.
b. Payments will not be paid when funds are not available in the Wastewater Trunk
System Trust Fund. Payments may be made when monies are available in and
appropriated from the Wastewater Trunk System Trust Fund and the
Developer/Owner has priority in accordance with UDC §8.5.2. E.
c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the
developer will be given credit for lot or acreage fees that are due on subsequent final
plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts
credited will be deducted from the outstanding amounts owed to the developer by the
Wastewater Trunk System Trust Fund until the total amount owed has been paid,
provided that the lands being platted are within or contiguous to the boundaries of
the preliminary plat of the originally developed property, the land will be served by
the wastewater trunk line for which the credit was given, and an extension of the
trunk line was not required to serve the land.
5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a
contract and complete the Wastewater Improvements under the approved plans and
specifications within 24 months from the date of City Council approval of this agreement.
6. NOTICES.
a. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following address:
1. If to the Developer/Owner:
Braselton Development Company, Ltd.
Attn: Fred Braselton
5337 Yorktown Boulevard -Suite 10D
Corpus Christi, TX 78413
2. If to the City:
City of Corpus Christi
Attn: Director, Development Services Department
2406 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
with a copy to:
City of Corpus Christi
Attn: Assistant City Manager, Business Support Services
1201 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
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b. Notice must be made by United States Postal Service, First Class mail, certified,
return receipt requested, postage prepaid; by a commercial delivery service that
provides proof of delivery, delivery prepaid; or by personal delivery.
c. Either party may change the address for notices by giving notice of the change under
the provisions of this section.
7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater
Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and
all local, state and federal laws, codes and regulations, in accordance with the plans and
specifications submitted to the City's Development Services Department and reviewed and
approved by the City's Development Services Engineer.
8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements,
Developer/Owner shall acquire and dedicate to the City the required additional public utility
easements ("Easements"), if any, necessary for the completion of the Wastewater
Improvements. If any of the property needed for the Easements is owned by a third party and
the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the
City may use its powers of eminent domain to acquire the Easements. Developer will be
responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement.
9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro -
rata fees as required by the UDC.
10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract.
11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in
performing their duties and obligations under this Agreement. If this Agreement calls for review
or inspections by the City, then the City's reviews or inspections must be completed thoroughly
and promptly.
12. DEFAULT. The following events shall constitute default:
a. Developer/Owner fails to engage a professional engineer for the preparation of plans
and specifications by the 10th calendar day after the date of approval of this Agreement
by the City Council.
b. Developer/Owner's professional engineer fails to submit the 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/Owner 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 of approval by City Council.
d. Developer/Owner's contractor does not reasonably pursue construction of the
Wastewater Improvements under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Wastewater
Improvements, under the approved plans and specifications as provided in section 4 of
this agreement.
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f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
obligations under this Agreement.
13. NOTICE AND CURE.
a. In the event of a default by either party under this Agreement, the non -defaulting
party shall deliver notice of the default, in writing, to the defaulting party stating, in
sufficient detail, the nature of the default and the requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business days from the
delivery of the default notice ("Cure Period") to cure the default.
c. In the event the default is not cured by the defaulting party within the Cure Period,
then the non -defaulting party may pursue its remedies in this section.
d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the
City shall give notice to Developer/Owner, at the address stated in section 5, of the need
to perform the obligation or duty, and should Developer/Owner fail to perform 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/Owner by
reducing the reimbursement amount due Developer/Owner.
e. In the event of an uncured default by the Developer/Owner, after the appropriate
notice and Cure Period, the City has all its common law remedies and the City may:
1. Terminate this Agreement after the required notice and opportunity to cure the
default;
2. Refuse to record a related plat or issue any certificate of occupancy for any
structure to be served by the project; and/or
3. Perform any obligation or duty of the Developer/Owner under this Agreement
and charge the cost of such performance to the Developer/Owner. The
Developer/Owner shall pay to the City the reasonable and necessary cost of the
performance within 30 days from the date the Developer/Owner receives notice
of the cost of performance. In the event the Developer/Owner pays the City
under the preceding sentence and is not otherwise in default under this
Agreement, then the Agreement shall be considered in effect and no longer in
default.
f. In the event of an uncured default by the City after the appropriate notice and Cure
Period, the Developer/Owner has all its remedies at law or in equity for such default.
14. FORCE MAJEURE.
a. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes;
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other
causes not reasonably within the control of the party claiming the inability.
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b. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party claiming force majeure
shall give written notice of the full particulars of the force majeure to the other party
within ten (10) business days after the occurrence or waive the right to claim it as a
justifiable reason for delay. The obligations of the party giving the required notice, to the
extent affected by the force majeure, are suspended during the continuance of the
inability claimed but for no longer period, and the party shall endeavor to remove or
overcome such inability with all reasonable dispatch.
15. THIRD -PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the
Wastewater Improvements, contracts for testing services, and contracts with the contractor for
the construction of the Wastewater Improvements must provide that the City is a third -party
beneficiary of each contract.
16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the
work that is the subject of this Agreement, furnish a performance bond payable to the City of
Corpus Christi if the contract is in excess of $100,000 and a payment bond if the contract is in
excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code
3503, Texas Government Code 2253, and all other applicable laws and regulations. The
performance or payment bond must name the City as an obligee. If the Developer/Owner is not
an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and
prominently display on the bond or on an attachment to the bond:
(1) the name, mailing address, physical address, and telephone number, including the
area code, of the surety company to which any notice of claim should be sent; or
(2) the toll-free telephone number maintained by the Texas Department of Insurance
under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of
the surety company to which any notice of claim should be sent may be obtained from
the Texas Department of Insurance by calling the toll-free telephone number.
17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the
construction, dedication of Wastewater Improvements will be subject to City inspection and
approval.
18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the
Wastewater Improvements and the construction thereof for a period of one year from and after
the date of acceptance of the facilities by the City's Director of Engineering Services.
19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify,
save and hold harmless the City of Corpus Christi, its officers,
employees, and agents, ("indemnitees") against any and all liability,
damage, loss, claims, demands suits and causes of action of any
nature whatsoever asserted against or recovered from city on account
of injury or damage to person including, without limitation on the
foregoing, workers compensation and death claims, or property loss
or damage of any other kind whatsoever, to the extent any injury,
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damage, or loss may be incident to, arise out of, be caused by, or be in
any way connected with, either proximately or remotely, wholly or in
part, the Developer/Owner's failure to comply with its obligations under
this agreement or to provide city wastewater service to the
development, including injury, loss, or damage which arise out of or
are in any manner connected with, or are claimed to arise out of or be
in any manner connected with the construction, installation, existence,
operation, use, maintenance, repair, restoration, or removal of the
public improvements associated with the development described
above, including the injury, loss or damage caused by the sole or
contributory negligence of the indemnitees or any of them, regardless
of whether the injury, damage, loss, violation, exercise of rights, act, or
omission is caused or is claimed to be caused by the contributing or
concurrent negligence of indemnitees, or any of them, but not if caused
by the sole negligence of indemnitees, or any of them, unmixed with
the fault of any other person or entity, and including all expenses of
litigation, court costs, and attorneys fees, which arise, or are claimed
to arise, out of or in connection with the asserted or recovered incident.
This indemnity specifically includes all claims, damages, and
liabilities of whatever nature, foreseen or unforeseen, under any
hazardous substance laws, including but not limited to the
following:
(a) all fees incurred in defending any action or proceeding
brought by a public or private entity and arising from the
presence, containment, use, manufacture, handling,
creating, storage, treatment, discharge, release or burial on
the property or the transportation to or from the property of
any hazardous substance. The fees for which the
developer/owner shall be responsible under this
subparagraph shall include but shall not be limited to the
fees charged by (i) attorneys, (ii) environmental consultants,
(iii) engineers, (iv) surveyors, and (v) expert witnesses.
(b) any costs incurred attributable to (i) the breach of any
warranty or representation made by Developer/Owner in this
agreement, or (ii) any cleanup, detoxification, remediation,
or other type of response action taken with respect to any
hazardous substance on or under the property regardless of
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whether or not that action was mandated by the federal,
state or local government.
This indemnity shall survive the expiration or earlier termination
of the agreement.
20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may
not be assigned by the Developer/Owner to another without the written approval and consent of
the City's City Manager.
21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus
Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of
Interest form attached to this Agreement as Exhibit 5.
22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this agreement.
Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts
with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of
units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business
entity of which the board or other governing body is composed of not more than
10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service
as one of the four officers most highly compensated by a business entity that has
more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms of a
contract with a governmental entity or state agency, including a broker, intermediary,
adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed,
signed, notarized and filed with the City. For more information, please review the Texas Ethics
Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the
Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required.
For more information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at http://www.cctexas.com/government/city-
secretary/conflict-disclosure/index
24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this Agreement binding and
enforceable by their signature.
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25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to
the benefit of the City and the Developer/Owner and their respective heirs, successors, and
assigns from and after the date of final execution by all parties.
Remainder of page intentionally left blank; signature page to follow.
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EXECUTED IN ONE ORIGINAL this day of , 20
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Albert J. Raymond III,
City Secretary Director of Development Services
APPROVED AS TO LEGAL FORM:
Buck Brice
Assistant City Attorney
For City Attorney
(Date)
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DEVELOPER/OWNER:
Braselton Development Company, Ltd
By:
Fred/Braselton, President
STATE OF TEXAS
COUNTY OF NI t? CS
This instrument was acknowledged before me on 1"lQ-rOtA- , 20k.
by Fred Braselton, for Braselton Development Company, Ltd., a Texas Limited
Partnership, on behalf of said Texas Limited Partnership.
JENNI BROWN
`APPY pU6 �:
.-°• :Notary Public, State of Texas
Pr` Comm. Expires 02-23-2025
2„; Notary ID 132939640
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Notary Public's Si:gjil e
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generd Notes
1. Total Matted area contains 9.44 Acres of Land. (Includes street dedication)
2. 5/8 Inch Iron Rod with red plastic cap stamped URBAN ENGR CCT0' 5.1 of
all lot corners. unless otherwise noted.
The receiving water for the slam water runoff Tram This property is the Oso
Creek. The ICE() has not classified the aquatic fife use for the Oso Creek,
but it is recognized os on environmentally sensitive area. The Oso Creek flows
directly into the Oso Boy.. TheTCE0 hos classified the aquatic Zile use for the
Oso Bay a 'exceptional' and 'oyster waters' and categorized the receiving
water as as
recreation' use.
4. ThDe earmdent reCqeemes subjeditcotednge as bequziorenmtmayof thothneg,. Unified
5. All driveways to public 5ir tee within the ubdiMsion hurl conform to access
management standards outlined n Article 7 of the UDC.
Survnsor s Nat..
1. Grid Bearings and Distances shown hereon are referenced to the Texas
Coordinate System of 1983. Texas South Zane 4205, and am based on Me
Norlb American Datum of 1983(2011) Epoch 2010.00.
2. Existing Flood Map: By graphic platting only, this properly is currently in Zone
'C' of the Flood Insurance Rate Mop (FIRM), Community Panel Number
485494 0505 D. Corpus Christi, Texas, which bears o revised dole of June 4,
1987 and is n t in a Special Flood Hazard Areo. The existing FIRM Panel
485494 0505 D is based on the National Geodetic Vertical Datum of 1929
(00VD).
3. Proposed Flood Mop: This property is proposed to lie within Zone 'x' of the
flood Insurance Rale MW (FIRM), Community Panel Number 48355005050.
Nueces County. Texas. Community Pond Number 48355C05050 bears 0
redsed preliminary date of May 30, 2018. The Proposed FIRM Panel
48355005050 Is based on the Nrih American Vertical Datum of 1988
(NAVD88).
State of Texas
Caunly of Nueces
Brastltan Development Company. Ltd.. a Texas limned partnership. hereby certifies
that 11 1s the o of Me lands em aces I1 the boundaries of the foregoing
t it n surveyed and ublflOt d shown, that beets
shown that
dedicated. to the public use haver: that easements
ore
s shown
dedmated to Mepublic f r Postai.... ic use the , operation onuse at public ulallks:
and that this map was madeler Ibe purpose of description and dea,cabon.
This the day of 20_
By. Braseiton 0.velopmenl Company. sed.. a Texas limited partnership
ey. 8,0581on Management Company, U.C. Its general partner
By.
Fred Braadton, President
Stole of Texas
County of Reece,
This instrument was acknowledged before me by Fred Brinell.. as President a
Broad.. Management Canpany, ILC. general partner al Brasdlon Dave.ment
Company. Ltd., a Texas limited partnership. on behalf of said entity n said capacity.
This the day or 20 -
Notary MI.. and for the State of Texas
EXHIBIT 1
Plat of
London Towne Subdivision
Unit 6
being a 9.44 Acre Tract, out of Section 0,
Laureles Farm Tincts, a map of which isr ecorded
in Volume 3, Page 15, Map Records of Nueces
County. Texas; and being a portion of a 21.76
Acre Tract of Land described in a Warranty Deed
with Vendor's Uen from Joseph John Meaney, a
Trustee of the Claire Elizabeth Haynes Trust, the
Isabelle Marie Haynes Trust, and the Emily P.
Haynes Trust, by and through his Attorney—in—Fact,
David Walsh; and Elizabeth Anne Meaney, Trustee of
the Lucy A. Haynes Trust, to Braseltan Development
Company, Ltd., a Texas limited partnership,
corded in Document No. 2019002524, Official
Public Records of Nueces County. Texas, a portion
of an 8.68 Acre Tract of Land described in a
General Warranty Deed from Joseph John Meaney,
Trustee of the Claire Elizabeth Haynes Trust, the
Isabelle Marie Haynes Trust, the Emily P. Haynes
Trust, the Laura Marie Haynes Trust and the Luke
Ian Haynes Trust, and Elizabeth Anne Meaney,
Trustee of the Lucy A. Haynes Trust, to Braselton
Development Company, Ltd., a Texas limited
partnership, recorded in Document No. 2019028160,
Official Public Records of Nueces County, Texas,
and a portion of an 12.88 Acre Tract of Land
described in a Warranty Deed with Vendor's Lien
from Joseph John Meaney, Trustee of the Claire
Elizabeth Haynes Trust, the Isabelle Marie Haynes
Trust, the Emily P. Haynes Trust, the Laura Marie
Haynes Trust and the Luke Ian Haynes Trust, and
Elizabeth Anne Meaney, Trustee of the Lucy A.
Haynes Trust, to Broseltan Development Company,
Ltd., a Texas limited partnership, recorded in
Document No. 2021004229, Official Public Records
of Nueces County, Texas.
Slats of Tenn
County of Nu,cee
AMERICAN BANK. hereby certifies that it bolds a Nen on the prapertY awned by
Broadtail oeudopment Company. Ltd.. a d porinerahip, ea *own on the
loregong map and it sveansim1Hand dedication Ir the purposes
and cansmrauans thrum°mp es:ee.me
This the _ day of 20
BM AMENICAN BANK
By.
Philip J. Mt., Senior Lensing Officer
Rote of Texas
County of Nueces
instrument • acknowledged before 1
e e by MATO Raley. es Senior Lending
Officer of AMERICAN BANan behalf of sad bank.
This the _ day of 20
Notary Public n and for the Stale of Texas
Countyof es
City of CorpuNs Cuechristi
Slate of Texas
County of Nueces
t oft herein described p ath
property .0. approved by e Department of Development
Services al the City of Corpus Chridi, ems.
This the - day al 20
Bre11 Dint, P.E.
0,velanment 95,015* Engine*,
Stale of Texas
County of Nueces
This final pini of the herein described properly was approved on behalf 0i the City of Corpus Christi.
Tex.S by the Planning Comm,x,on.
This the _day of 20
N Raymond. rel. AM
s«elay
Daniel M. Dibble
cnaimwn
store of T
County of Nueces
Kora Sand*, Clerk of he County Court n rid id County, do hereby certify that theIoegoing
Instrument dated the _ day of f zoo with its certificate of authentication wa
Med for crd n my office me day of 20 At o'clock ____JM.. and
duly recorded the day of 20- at _ O'clock ____M.. in said County in
Volume Page pap Records.
Mimes, my hand ands of Me County Court. n and for said County, at office n Corpus Christi.
Texas. the day yearond year last .riven.
Filed for Record
01 00 k
9141, al Texas
Cwmy 01 00,005
20
Kra Sal4s. Cwnly Clerk
Nueces CwnIM Texas
ey.
Dwaly
1 Oen L Urban. a Registrea Professional Land Surveyor for Urban Engineering. hove primer. the
foregoing (000 born a survey made on the ground under my direction and b Ione m o the
best my knowledge, Information and bd.° 1 engaged un onto seall correct
ons
Sisk c s Shawn and i complete such operations with due and (reasonable daigence
consistent with sound prolcsimd Peracute
This the day of
Preliminary, this document shell not De recorded
for any purpose and shall Not be used or viewed
or relied upon as • finale y document
20
Dan L Urban, 5,0.LS.
Taxes Licence No. 1710
mama'
ENGINEERING
Revised: 2/1/22
Submitted: 2/10/21
SCALE None
JOB NO.: 42900.C1.01
SHEET: 1 of 2
DRAM BY: 90
ram s ry.yl eam0Mna" on'
9'00 Acne
out b'
Laurel. form Tracts
ds
Nueces
No Deo (2012053000. 02.500.01
(Omen pew nee./
N89'12'59'0 540.00'
]06.99 up E. u n Ea alar- of 100
R (mc. Ne. 9.13.3. a22,.c re;ae
12 le13 14 15 1
r_ a a Nueces Caun-y._ rues =
19 20c1
21A 2208
ap
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- 2020.79e2. OP
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10 Ila xlx 1] IRNn Towne Sued 69. Pg. 646-e.7. MOP
e
Vol.
sooner. 6 nn., Remainder 21
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aeqmnrmCounty. neat
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w. mo rem Gal 140
9See. 2019002524.
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Ra 1 ear act
aut al Section 13-
Laureles
Tree
Nueces5. Texas
002 0557` x, ... uveae) .a
008 Na. 201605073. 0260.0.r1
6 8 8
ci PP aim cpipe-
sx.0.i
1601 6.66 Mee
anrb'
farm
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County. Tawas
(a..cords l o Md,
Mee. No. . 0rxx°<.19
e6 M.
Lourdes rum Tracts
:: county'. Te
(0.rTaec.
Records
]watt AN .Isua)
Plat of
1
i ; London Towne Subdivision
Unit 6
/ /
/ /
/ being a 9.44 Acre Tract, aul of Section 0,
/ / Laureles Farts Tracts, a map of which is recorded
/ in Volume 3, Page 15, Map Records of Nueces
6.
County, Texas; and being a portion of a 21.76
/ /t Acre Tract of Land described in a Warranty Deed
/ N with Vendor's Lien from Joseph John Meaney, as
/ /y Trustee of the Claire Elizabeth Haynes Trust, the
/ /f Isabella Marie Haynes Trust, and the Emily P.
/ /3 Haynes Trust, by and through his Attorney—in—Fact,
/ David Walsh; and Elizabeth Anne Meaney, Trustee of
the Lucy A. Haynes Trust, to Broselton Development
Company,Ltd., a Texas limited p,
Partn0160(
corded in Document No. 2019002524, Official
Public Records of Nueces County, Texas, a portion
/ / of an 8.68 Pore Tract of Land described in a
/ / General Warranty Deed from Joseph John Meaney,
/ / Trustee of the Claire Elizabeth Haynes Trust, the
Isabelle Marie Haynes Trust, the Emily P. Haynes
Trust, the Laura Marie Haynes Trust and the Luke
Ian Haynes Trust, and Elizabeth Anne Meaney,
Trustee of the Lucy A. Haynes Trust, to Braselton
Development Company, Ltd., a Texas limited
partnership, recorded in Document Na. 2019028160,
Official Public Records of Nueces County, Texas,
and a portion of an 12.88 Acre Tract of Land
described in a Warranty Deed with Vendor's Lien
from Joseph John Meaney, Trustee of the Claire
Elizabeth Haynes Trust, the Isabelle Marie Haynes
Trust, the Emily P. Haynes Tru t, the Laura Marie
Haynes Trust and the Luke lan Haynes Trust, and
Elizabeth Anne Meaney, Truste of the Lucy A.
Haynes Trust, to Braselton Dev lopment Company,
Ltd., a Texas limited partnership, recorded in
Document No. 2021004229, Official Public Records
of Nueces Caunty, Texas.
P2eum n2y. tete document .belt shall at a a, � d
for •v purpose an
or relied upon e • /feel survey documentrt
plaBAN
ENGINEERING
•
Revised: 2/1/22
Submitted: 2/10/21
SCALE 1'100'
JOB NO.: 42900.01.01
SKIT: 2 of 2
DRAWN BY: x0
u g., m,e aMaaeaoro
EXHIBIT 2
APPLICATION FOR SEWER LINE CREDIT
I, Braselton Development Company, owner and developer of proposed London Town unit 6
o
subdivision, hereby apply for $13,14% • credit towards the sewer lot/acreage fee for the Master Plan
sanitary sewer trunk line extension installed in conjunction with London Towne unit 6 Subdivision as
provided for by City Ordinance No. 032357. The off-site construction cost, including 12% Engineering,
is $106,908.48 as shown by the cost supporting documents attached herewith.
(Developer) date
THE STATE OF TEXAS a
COUNTY OF NUECES a
This instrument was acknowledged for me on
e`�pNp JENNI BROWN
iRi`,»t. Notary Public, State of Texas
ti 1,y Comm. Expires 02-23-2025
t,,,:V Notary 10 132939640
A 6 a 2022 by rec 3raSe_(+0r)
Notary Public in an ueces County, Texas
CERTIFICATION
The information submitted with this application has been reviewed and determined
rte'
to be correct and a credit for $ 2 3 1/•3 is herewith approved.
(C—i+r-ERgineer)-
pcvttd r I Semi's
2-3 li-geti 2022
Date
EXHIBIT 2
APPLICA'ION FOR SEWER LINE REIMBURSEMENT
I, Braselton Development Company, owner and developer of proposed London Towne unit 6
Subdivision, hereby request reimbursement of $82,935.48 for the installation of the Master Plan sanitary
sewer trunk line in conjunction with London Towne unit 6 Subdivision, as provided for by City Ordinance
No. 032357. Said $106,908.48 is the construction cost, including 12% Engineering., in excess of the
lot/acreage fee, as shown by the cost supporting documents attached herewith.
eveloper (Date)
Qyz.(ke,--
THE STATE OF TEXAS ❑
COUNTY OF NUECES ❑
This instrument was acknowledged before me on �, o+� 2022 ky1:71 BI LISP, 6111
.1\1
otary Public in a
ueces County, Texas
The information submitted with this application for reimbursement has been reviewed and determined to be
correct. Reimbursement is subject to:
(a) sufficiency of funds in the Collection/Trunk Line Trust Fund
(b) appropriation and approval by the City Council
DiiretrOruf-Ettgifteer-ing-
p.V_ idr au-ag_tf SPirvet✓e 5
t_
2 ? /»f /4 F) 20Z Z
(Date)
3
3
EXHIBIT 3
PROFILE VIEW
UNIT 6 SAMTARY SEWER LP1E B
15
30
25 25
20 20
15 15
10
10
IT 11.41.1111 47.1
L
5
00,
03
8
8
5
0
LL
o
,
(BAN
ENGINEERING
12
ar 1$
JOB 10.
NOTE
MECHANICAL JOINT
RESTRAINTS AND/OR THRUST
BLOCKING SHALL BE PROVIDED
ON WATER LINE BENDS.
REOUIREOµrvD COONDNATEDS
BY THE PTE.
NOTE:
SERVICE RE
SHOWN SCNEMARCAL,
CONSULT STANDARD DETAILS
FOR LOCAPOHS.
LEGEND
PROPOSE° TOMO 5
GOER MR. Olm oul
Gomm lures WPM
PM MOGEN
Gm. NANIMI
MIER UK
Sm. MU LEE
EASRNC srueas
ELM WV.
wvos
sumMir SIM LTE
WIN LEE
NE MOE.
LONDON
EN BE
CONSTRUGIEO ASA SINGLE UNIT MP.
IS WHY CLEAN—OUTS ARE .0101. IN THE
EVENT PLAT LONOON TONNE UNIT
T IS
DELAYEDCLEANOUTS
REPLACED MEM MANHO ESWLL 0E
8
b
iiliiBAN
ENGINEERING
Ii)
_J
FFA
1V
OF S$
JOB N0.
EXHIBIT 4
REIMBURSEMENT FOR SANITARY SEWER MASTER PLAN IMPROVEMENTS
DATE: JANUARY 2022
LONDON TOWNE UNIT 6
Engineer: MURRAY F. HUDSON, P.E.
JOB NO: 42900.C1.01
Item
DESCRIPTION
UNIT
ESTIMATED
QUANTITY
ESTIMATED
QUANTITY+5%
UNIT PRICE
TOTAL PRICE
SANITARY SEWER IMPROVEMENTS FOR 21" SSWR TRUNK LINE
1
21" PSI PVC/PSI 115 ASTM F679 (20'-22' Cut)
LF
193
203
$ 100.00
$ 20,300.00
2
21" PSI PVC/PSI 115 ASTM F679 (22'-24' Cut)
LF
357
375
$ 150.00
$ 56,250.00
3
OSHA Trench Protection
LF
550
578
$ 3.00
$ 1,734.00
4
Embedment
LF
550
578
$ 15.00
$ 8,670.00
5
5' Diameter Manhole (24'-26' Cut)
EA
1
1
$ 8,500.00
$ 8,500.00
TOTAL: SANITARY SEWER IMPROVEMENTS FOR 21" SSWR TRUNK LINE
$ 95,454.00
Engineering, Testing & Surveying (12%)
$ 11,454.48
TOTAL REIMBURSEMENT DUE:
$ 106,908.48
NOTES:
1. Prices are from MVR Construction contract with Braselton Development Company.
PG 1 of 1
NAME:
EXHIBIT 5
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking
to do business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with "NA".
Braselton Development Company, Ltd.
STREET: 5337 Yorktown Boulevard - Suite 10D CITY: Corpus Christi
FIRM is:
Corporation (&)Partnership
Sole Owner
Association (') Other
Zip: 78413
DISCLOSURE QUESTIONS
If 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 City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name
N/A
Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name
N/A
Title
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
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name
N/A
Consultant
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur. President of Braselton Management
Fred Braselton Company, LLC, general Partner of
Certifying Person: Title: Braselton Development Company, Ltd.
(Print Name)
Signature of Certifying Person:
Date: W
K:\DEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTWPPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly
authorized representative), hereby certify to the City Council and other appropriate officers that
the money required for the current fiscal year's portion of 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. Future payments
are subject to annual appropriation by the City Council.
City Council Action Date: Legistar Number: 22-0593
04/26/2022
Agenda Item:
Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement
with Braselton Development Company, Ltd. to construct off-site wastewater trunk line
improvements for a planned residential subdivision within the city limits, London Towne Unit 6,
with a completion date of 24 months. Funding in the amount of $82,935.48 will be appropriated
from the Wastewater Trunk System Trust Fund to reimburse the developer per the agreement.
(District 3)
Amount Required: (Amount to be Certified) $82,935.48
Fund Name
Accounting
Unit
Account
No.
Activity No.
Amount
Wastewater Trunk
System Trust Fund
4220-21800-777
540450
$82,935.48
Total
$82,935.48
❑ Certification Not Required
Director of Financial Services Date:
1