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HomeMy WebLinkAbout07164 ORD - 02/26/1964JKH:2 -i9 -64 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR MICROFILM JAN 2T 1969 AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH G. W. HATCH, SR., FOR THE INSTALLATION OF D -WATER LINE ON THE SOUTH SIDE OF HIGHWAY 9 -ON THE PROPERTY OF THE SAID G. W. HATCH, SR.A ALL IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN-AGREEMENT WITH G. W. HATCH, SR., FOR THE INSTALLATION OF A WATER LINE ON THE SOUTH SIDE OF HIGHWAY 9 ON THE PROPERTY OF THE SAID G. W. HATCH, SR., ALL IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT AS PROMPTLY AS POSSIBLE IN ORDER TO RE- ESTABLISH WATER SERVICE TO THE PROPERTY OF THE SAID G. W. HATCH, SR., CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DE- W' GLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUS- PENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT-IS ACCORDINGLY SO ORDAINED, THIS THE r; I_ DAY OF FEBRUARY, 1964. 7164 a � THE STATE OF TEXAS j COUNTY OF NUECES WHEREAS, THE CITY OF CORPUS CHRISTI WAS HERETOFORE DESIROUS OF CONSTRUCTING A RAILROAD LINE CONNECTING THE TEX —MEX RAILROAD AND THE PORT AREA OF CORPUS CHRISTI, TEXAS; AND _WHEREAS, PURSUANT TO SAID PLAN OF CONSTRUCTION THE CITY OF CORPUS CHRISTI DID ENTER INTO A CONTRACT FOR THE PURCHASE OF THE NECESSARY RIGHT —OF —WAY FOR SAID RAILROAD FROM G. W. HATCH, SR.; AND WHEREAS, IN ACCORDANCE WITH SAID CONTRACT THE SAID G. W. HATCH, SR. DID CONVEY THE NECESSARY LAND FOR SAID RIGHT —OF —WAY TO o THE CITY OF CORPUS CHRISTI BY WARRANTY DEED DATED SEPTEMBER 18, 1959 WHICH DEED IS FILED.OF RECORD IN VOLUME 808, PAGE 398, DEED RECORDS OF NUECES COUNTY, TEXAS; AND WHEREAS, SAID CONVEYANCE TO THE CITY OF CORPUS CHRISTI IN- CLUDED FRONTAGE PROPERTY ON BOTH THE NORTH AND THE SOUTH SIDE OF STATE HIGHWAY N0. 9 BELONGING TO THE SAID G. W. HATCH, SR.; AND WHEREAS, PRIOR TO THE SAID CONVEYANCE OF SAID RIGHT —OF —WAY THERE EXISTED WATER UTILITIES ON THE SOUTH SIDE OF HIGHWAY 9 WHICH UTILITIES WERE INSTALLED AND OWNED BY THE SAID G. W. HATCH, SR.; AND WHEREAS, BY REASON OF SAID RAILROAD AND OVERPASS CONSTRUCTION SAID WATER UTILITIES WERE REMOVED FROM THE FRONTAGE PROPERTY BELONG- ING TO G. W. HATCH, SR. ON THE SOUTH SIDE OF HIGHWAY 9; AND WHEREAS, BY REASON OF SAID REMOVALTHE CITY OF CORPUS CHRISTI DID AGREE AND CONTRACT TO REPLACE SAID WATER UTILITIES ON THE SOUTH SIDE OF HIGHWAY 9 ON OR BEFORE COMPLETION OF SAID IMPROVEMENTS; AND WHEREAS, SAID UTILITIES AS OF THIS DATE HAVE NOT BEEN RESTORED: NOW, THEREFORE, THE SAID CITY OF CORPUS CHRISTI, HEREINAFTER CALLED FIRST PARTY AND G. W. HATCH, SR. HEREINAFTER CALLED SECOND PARTY AGREE AS FOLLOWS: 1 THE CITY OF CORPUS CHRISTI, FIRST PARTY, HEREBY AGREES TO�� RE- ESTABLISH SAID WATER UTILITY LINE ON THE SOUTH SIDE OF STATE HIGHWAY N0. 9 WITHIN A REASONABLE TIME AFTER DEMAND IS MADE IN WRITING BY SECOND PARTY. PROVIDED{ HOWEVER, THAT UNLESS DEMAND IS MADE WITHIN TEN 0 0) YEARS FROM DATE OF EXECUTION OF THIS INSTRUMENT, THEN IN SUCH EVENT, THIS OBLIGATION SHALL BE NULL AND VOID UPON THE EXPIRATION OF SUCH TERM. SAID WATER UTILITY LINE SHALL PARALLEL HIGHWAY NO. 9 AND BE RE- ESTABLISHED TO THE POINT ON THE SOUTH SIDE OF STATE HIGHWAY NO. 9 WHERE SAID LINE HAD PREVIOUSLY TERMINATED PRIOR TO CONSTRUCTION, WHICH POINT IS LOCATED 215 FEET WEST OF THE WEST RIGHT -OF -WAY BOUNDARY OF THE SAVAGE LANE RAIL LINE AND 520.5 FEET EAST OF THE WEST BOUNDARY LINE OF THE ORIGINAL G. W. HATCH 100 -ACRE TRACT CONVEYED TO G. W. HATCH BY JAMES MCBRIDE BY DEED DATED FEBRUARY 28, 1921, RECORDED IN VOLUME 135, PAGE 105, DEED RECORDS, NUECES COUNTY, TEXAS. 111. SAID WATER LINE SHALL BE INSTALLED BY THE CITY OF CORPUS CHRISTI AT NO EXPENSE TO SECOND PARTY AND SHALL BE A MINIMUM OF SIX (6) INCHES IN SIZE AND SHALL CONFORM TO ALL ZONING, PLATTING AND, OTHER REQUIREMENTS OF THE CITY OF CORPUS CHRISTI. A LARGER LINE THAN SIX (6) INCHES AND/OR ADDITIONAL TAPS MAY BE REQUESTED BY SECOND PARTY WHICH LARGER LINE AND/OR TAPS ARE TO BE INSTALLED BY FIRST PARTY. THE INCREASED COST OF SUCH LARGER LINE AND/OR TAPS ARE TO BE PAID BY SECOND PARTY PRIOR TO INSTALLATION. IV. IT IS SPECIFICALLY AGREED BY AND BETWEEN THE PARTIES THAT THIS AGREEMENT INURES TO THE BENEFIT OF THE HEIRS AND ASSIGNS OF SECOND PARTY, SAID ASSIGNS BEING LIMITED, HOWEVER, TO THE CHILDREN OF SECOND PARTY AND THEIR HEIRS AND DEVISEES. -2- SIGNED AND EXECUTED THIS THE_PrIlDAY OF JANUARY, 1964. CITY OF CORPUS CHRISTI ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF JANUARY,., 1964: BY HERBERT W. WHITNEY CITY MANAGER FIRST PARTY CITY ATTORNEY G. W. HATCH SECOND PARTY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE- GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY of JANUARY, 1964. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED G. W. HATCH, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE9ADAY OF JANUARY, 1964. -) NOTARY PUBLIC IN AND FOR NUECE COUNTY, TEXAS MONICA KOLAYA Notary Public, in and for Nueces County, YaxsO CORPUS CHRISTI, TEXAS DAY OF �, 194 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, 'YKO THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO 8 W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. r irmo ji.