HomeMy WebLinkAbout032740 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 7,
with a completion date of 24 months; and appropriating $110,296.96 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 653 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
7, 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 $110,296.96 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.
a
SECTION 5. This ordinance takes effect upon passage.
032740
SCANNED
That the foregoing ordinance was read for the first time and passed to its second
reading on this the c1,1.11\ day of A r`',\ , 2022, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
AL
John Martinez
Ben Molina
Mike Pusley
Greg Smith_
That the foregoing ordinance was read for the second time and passed finally on this
the ap1 day of
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
2022, by the following vote:
John Martinez
Ben Molina
Mike Pusley
Billy Lerma �1
Ab-
Greg
ATZ,
Smith
PASSED AND APPROVED on this the 2&day of ,��� , 2022.
ATTEST:
Rebecca Huerta
City Secretary
032740
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 Texas Limited Partnership.
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 10.86 acres known as London Towne Subdivision Unit 7
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
Reimbursement Agreement
Approved to legal form BB 4.2.21
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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 §395.001(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" PSI FV0PS1 115 ASTM F678 {20'-2.2' Cut)
LF
203
213
$ 85.00
2
21' PSI PVC/PSI 115 ASTM F6781=-24' Cut)
LF
450
473
$ 150.00
3
OSHA Trench Protection
LF
653
686
S 3.00
4
Embedment
LF
653
386
S 15.00
5
5' Diameter Manhole (24'-26' Cut)
EA
2
2
S 8,002.00
(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.
a. The cost for the Wastewater Improvements less $23,580.00 lot/acreage fee credit is
$110,296.96 Subject to the conditions for reimbursement from the Wastewater Trunk
Line System Trust Fund and the appropriation of funds, the City will reimburse the
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
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developer, the reasonable actual cost of the Wastewater Improvements up to an
amount not to exceed $110,296.96 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
determined according to the date the reimbursement agreement is approved by the
City Council.
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Reimbursement Agreement
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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
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.
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Reimbursement Agreement
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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.
f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
obligations under this Agreement.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
Approved to legal form BB 4.2.21
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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.
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
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
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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,
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
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
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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
whether or not that action was mandated by the federal,
state or local government.
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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.
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.
Standard Form Wastewater Trunk System Trust Fund
Reimbursement Agreement
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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 Cgmpany, Ltd
By:
Free Braselton, President
STATE OF TEXAS
COUNTY OF NI LtQ.GQ S
This instrument was acknowledged before me on I"`a-r& t , 20k
by Fred Braselton, for Braselton Development Company, Ltd., a Texas Limited
Partnership, on behalf of said Texas Limited Partnership.
.�"""'�� JENNI BROWN
?=,.. PUe S Notary Public, State of Texas
:' ° Comm. Expires 02-23-2025
V;a; ��` Notary ID 132939640
Standard Form Wastewater Trunk System Trust Fund
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Notary Public's S.
Page 11 of 11
ENGINRBNEEERING
` nS.74015m *.=..m
General Notes:
1. Total plotted area contains 10.86 Acres of Land. (Includes street dedication)
2. 5/8 Inch Iran Rod with red plastic cop stamped 'URBAN ENGR CCTX' Set of
all lot corners. unless otherwise noted.
3. The rev wing water for the storm water runoff tram this properly is the Oso
Creek. The ICED has not classified the aquatic life use far the Oso Creek,
but it is recognized as annvirnmentallysensitive area. The 0sa Creek Bows
directly into Inc Oso Day. The TCEO hos classified the aquatic fife use far the
Oso Bayo 'exceptional' and 'oyster waters' and categorized the rdoing
water as e «
onloct recreation use.
4. The yord requirement,depicted. requirement of Inc unified
Development Code and is subject to mange os the zoning may mange.
5. All driveways to public Streets within the subdivision shall conform to access
management standards outlined in Article 7 of the UDC.
Sunesaie Notes
1. Grid Bearings and Distances shown hereon are referenced to Inc Texas
Coordinate System of 1983. Texas South Zone 4205. and are based on the
North American Dotum of 1983(2011) Epoch 2010.00.
2. Existing Flood Map, by graphic plotting only, this property isu rently in Zone
'C' of the Flood Insurance Rote Mop (FIRM), CommunityPanel Number
485494 0505 0. Corpus Christi. Texas, which boors arevised dote of .tune 4.
1987 and is not in a Special Flood Hazard Area. The existing FIRM Panel
485494 0505 0 is based on the National Geodetic Verticol Dotum of 1929
(MGM.
3. Proposed Flood Mop. this property ie proposed to Ile within Zone 'X' of the
Flood Insurance Rate Map (FIRM), Community Panel Number 48355C05050,
Nueces County. Texas, Community Pone! Number 48355005056 bears a
indeed preliminary date of May 30, 2018. The Proposed FIRM Panel
48355005056 is hosed on the North American Vertical Datum of 1988
(NAVDB8).
State of Texas
County of Nueces
8,0081on Development Company. Ltd., a Tens limited palnerahip. hereby certifies
that R 1s the owner of the Iande ...aced H of the foregoing
plat: 1 said longs sunny. on,.,: 100de. ss torn: that streets
sham fine it
to the public use forever: that easements as shown are
dedicated la the p of public utilities,
and that this mop was use
e)lid the purpose of operation
dedication.
This the day of 20 -
By Braselton Development Campony. Ltd.. a Texas limited partnership
By. Broseiton Management Company. U.C. Its gated partner
8'
Fred Braedlon, President
State of Texas
County of heath
This instrument • acknowledged before me by Fred 8,asdlon. as President of
4,0,81on Management Conpany LLC. genera partner of Braselton Development
Company LIG.. a Texas limited partnership, m behalf al said maty in said copacity.
This the day of
2D
Notary Public in and Is me Slate at Texas
EXHIBIT 1
Plat of
London Towne Subdivision
Unit 7
being a 10.86 Acre Tract, out of Section 0,
Laureles Farm Tracts, a map of which is recorded
in Volume 3, Page 15, Mop 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 Lien from Joseph John Meaney, as
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 Heaney, Trustee of
the Lucy A. Haynes Trust, to Braselton Development
Company, Ltd., a Texas limited partnership,
recorded 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 Mooney,
Trustee of the Claire Elizabeth Haynes Trust, the
Isabelle Marie Haynes Trust, the Emily P. Haynes
Trust, the Lauro Marie Haynes Trust and the Luke
lan 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 lan Haynes Trust, and
Elizabeth Nine Meaney, Trustee of the Lucy A.
Haynes Trust, to Braselton Development Company,
Ltd., a Texas limited partnership, recorded in
Document No. 2021004229, Official Public Records
of Nueces County, Texas.
State al Tex
County of Neoas
AMERICAN BANK. hereby certifies that it holds alienthe property owned by
8,0.dton Development Company. Ltd.. a limited pan partnership. us shown on the
foregoing m 0 it a of IF subdivision ond dedication for the purposes
and considerations thereinpexpressed. e subdivision
This the day of
By. AMERICAN BANK
Phillip J. Raley Senior L«dAg OIB<a
20
Stale of Texas
County of Nueces
This thstrument was
ewledged before me by Ph p J. RIIIeY• as Senior Lending
Officer off AMERICAN BANK, on hmail of sad bank.
This the day of 20
Nolory Public n and far the Slate of Texas
County of Nueces / [ovation Map: N.T.S.
City of Corpus Christi
i
Lamm laid« edulmrd
[PSite
Form la MOMet Road 43
Stolef i ,0.
County o ea
This final plat of the herein described property was approved by the Department of Oevelopment
Services of the City of Corpus Christi. Texas
This the day of 20
Development Services Engineer
Stole ofxss<
County o es
This 1001 plot o1 the herein described property was approved an behalf of the City of Corpus Christi.
Texas by the Planning Comm,aswn.
This the day of
20
AI Raymond. 111. MA
Secretary
Daniel u. 01561,
Lhoim,on
Stele of Teas
County of Nu.ces
msha sands. Clerk of the County Court in and W County, do hereby carry that theforegoing
ment dated the _ day of 20 110 its certificate o aumentanan w
sed for record in my office the _ day of 20 At O'dak _M.. mE
duly r« day of 20_. at 0•a« ____
k A., in said County in
Volume n__age Map Records
my nand and seal of the County Lour. in and for said County, at office in Corpus Christi.
Texas, me day and year last written.
Find for Record
at o'clock _______M.
20
Kura Smile, Ceunly Clete
Nu«n Cmnly Taos
9y
Deputy
Stole of Texas
County of Nueces
1. domes D. Can, a Registered Professional Land Surveys for 0,600 Engineering. hove prepared the
foregoing map hon a survey made on the ground under my direction and b true and correct to the
best of my knowledge, fi
information a aengaged u setan
contract to l all LotBlockn
Bloc as shown M1 and lo complete operations with due and reasonable d0igence
consistent with sound professional practice.
This the day al
Preliminary, this document shall not De recorded
for any purpose and shall not De used or Heald
or relied upon es a final's y document.
20
f:707 10enae No. 8058
Submitted:/22/120/21
SCALE None
JOB NO.: 42000.01.02
SHEET: 1 of 2
DRAWN BY: 06
u,bans rvsylFmnv�mnginaeennm
Tract being Aare.
108.99 AcrPVol0.1P Illrl. NPRNC34 al the
ana "049116 iracta
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1
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10
11
13
„;',;,.0 .rl "�2in
remainder of 21 TO Acres
out al Section .13-
1.aureles Farm Tracts
l.
WeeRecords, .i°Ia`,30.. Nueces�.,t Coerce.'70 )
)0=6 x21. x039002524.0.9,1,1.0.1.)
or 5.59 Acres
out of Section ro-
Loued.. Form Nods
a`.i"Pg. is
(o.M..emame.�1 Nueces
am1 County.
w�r.21612.)
(oo.. roc 01312313*. 0.024.21.7)
Nernainder of fib' res
County. r
(a.. sasenon nersory oslrN.Nr. uric)
5691239'( 69994'
_ vm _'sdd_ 2210 age srw- am-
635 xenon x 37 11 35 5 �.°
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'charge. ChO.. Drive
'�
. 125
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Comby 527.2(
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- -�spo��
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dfxnainder of 2.21 Acre Noel
Tat= Zern""Tr.fts
:s'.00301. Texas
Ower uwDmn Ivene7)
(Doc. N.. 2013051730. ORAN C.7)
00800.310393000)01801.TN tNORD N4ING.
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a LUG Nde 003 Masher
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0 2
0103130 Scale
Plat of
London Towne Subdivision
Unit 7
being a 10.86 Acre Tract, out of Section D.
Lourdes Farm Tracts, a map of which is recorded
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 Lien from Joseph John Meaney, as
Trustee of the Claire Elizabeth Haynes Trust, the
Isabelle Made 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 Braselton Development
Company, Ltd., a Texas limited partnership,
recorded 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 Braselton Development Company,
Ltd., a Texas limited partnership, recorded in
Document No. 2021004229, Official Public Records
of Nueces County, Texas.
Preliminary, !hie document shall not be recorded
a°y pur w and Abell not be used or viewed
ar relied upoo ae a finals J document
URIEIAN
ENGINEERING
Revised: 2/1/22
Submitted: 2/10/21
SCALE: 1'=100'
JOB NO.: 42900.C1.02
SHEET: 2 of 2
DRAWN BY: 00
°� °,s2an2s1ea, a.!.e$':O .7,1.
EXHIBIT 2
APPLICATION FOR SEWER LINE CREDIT
I, Braselton Development Company, owner and developer of proposed London Towne unit 7
b
Subdivision, hereby apply fort Z3j580*°credit towards the sewer lot/acreage fee for the Master Plan
sanitary sewer trunk line extension installed in conjunction with London Towne unit 7 Subdivision as
provided for by City Ordinance No. 032357. The off-site construction cost, including 12% Engineering,
is $133,876.96 as shown by the cost supporting documents attached herewith.
"e1
(Deve ,44
oper)
THE STATE OF TEXAS a
COUNTY OF NUECES ❑
This instrument was acknowledged for me on
JENNI BROWN
4,4114;,11's
':, Notary Public, State of Texas
• s SAP -WO= Comm. Expires 02-23-2026
,,,, Notary ID 132939640
CERTIFICATION
Date)
2022 by &rase (*l» -
Notary Public in and ' ' . eces County, Texas
The information submitted with this application has been reviewed and determined
to be correct and a credit for $ �,3� 550. is herewith approved.
.9ircelor of I ngirieeriltg
{
pevetol'11. 1t SeV✓1'� e'
23,A-g.4d 202.2 -
Date
APPLICATION FOR SEWER LINE REIMBURSEMENT
1, Braselton Development Company, owner and developer of proposed London Towne unit 7
Subdivision, hereby request reimbursement of $110,296.96 for the installation of the sewer trunk line in
conjunction with London Towne unit 7 Subdivision, as provided for by City Ordinance No. 032357. Said
$133,876.96 is the construction cost, including 12% Engineering, in excess of the lot/acreage fee, as shown
by the cost supporting documents attached herewith.
(Developer) (Date)
THE STATE OF TEXAS o
COUNTY OF NUECES ❑
This instrument was acknowledged before me on
JENNI BROWN
OO Y P4Notary Nota Public, State of Texas
.: OS Comm. Expires 02-23-2025
.��TFaF�``o` Notary ID 132939640
ttt Nt
, 2022 by 5-fed Br'a '.(fDr►.
Notary Public in o Nueces County, Texas
SSWR LINE 8
EXHIBIT 3 PROFILE VIEW
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EXHIBIT 4
REIMBURSEMENT FOR SANITARY SEWER MASTER PLAN IMPROVEMENTS
DATE: JANUARY 2022
LONDON TOWNE UNIT 7
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
203
213
$ 95.00
$ 20,235.00
2
21" PSI PVC/PSI 115 ASTM F679 (22'-24' Cut)
LF
450
473
$ 150.00
$ 70,950.00
3
OSHA Trench Protection
LF
653
686
$ 3.00
$ 2,058.00
4
Embedment
LF
653
686
$ 15.00
$ 10,290.00
5
5' Diameter Manhole (24'-26' Cut)
EA
2
2
$ 8,000.00
$ 16,000.00
TOTAL: SANITARY SEWER IMPROVEMENTS FOR 21" SSWR TRUNK LINE
$ 119,533.00
Engineering, Testing & Surveying (12%)
$ 14,343.96
TOTAL REIMBURSEMENT DUE:
$ 133,876.96
NOTES:
1. Prices are from MVR Construction contract with Braselton Development Company.
PG 1 of 1
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".
NAME: Braselton Development Company, Ltd.
STREET: 5337 Yorktown Boulevard - Suite 10D
FIRM is:
Corporation (j'�Partnership
CITY: Corpus Christi
Sole Owner
Association E�. ) 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 Consultant
N/A
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:
-i
Date: 0( 71 V—
K.\DEVELOPMENTSVCS\SHAREDILAND DEVELOPMENT1APPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT_5. 12.2015.000
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: 22-0595
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 7,
with a completion date of 24 months. Funding in the amount of $110,296.96 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) $110,296.96
Fund Name
Accounting
Unit
Account
No.
Activity No.
Amount
Wastewater Trunk
System Trust Fund
4220-21800-777
540450
$110,296.96
Total
$110,296.96
o Certification Not Required
Director of Financial Services
laeo LD)
1
Date: