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Home My WebLink About07287 ORD - 07/22/1964/23/64 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AGREEMENT WITH FRANKLIN FLATO, DEVELOPER OF NAVIGATION INDUSTRIAL PARK SUBDIVISION, IN WHICH HE AGREES TO PAY THE CITY $10,299.00 AS THE NET PARTICIPATION IN COSTS OF CONSTRUCTING THE NAVIGATION BOULEVARD STORM SEWER, UNIT II, ALL AS MORE FULLY DESCRIBED IN THE CONTRACT 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 BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AN ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AGREEMENT WITH FRANKLIN FLATO, IN CONNECTION WITH THE CONSTRUCTION OF STORM SEWER LINES TO SERVE NAVIGATION INDUSTRIAL PARK SUBDIVISION, ALL AS MORE FULLY DESCRIBED IN THE CONTRACT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID,AGREEMENT SO THAT CONSTRUCTION OF THE SEWER LINES MAY BE CONSTRUCTED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITI 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, •Y AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE SHALL 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 DAY OF JULY, 1964. MAYOR ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS t CITY SECRETARY APPROVED AS TO LEGAL FORM THIS al, DAY OF JULY, 1964: f CITY AT "RNEY 0 7 ;2F7 CONTRACT AGREEMENT THE STATE OF TEXAS; COUNTY OF NUECES ,;J WHEREAS, the City of Corpus Christi desires to construct a storm water drainage sewer line adjacent and through Navigation Industrial Park Subdivision, a -recorded subdivision within the City of Corpus Christi owned by Franklin Flato; and WHEREAS, -in order to serve property lying beyond said subdi- vision, it is necessar`y'to construct a storm sewer through said subdivi- sion owned by Franklin Flato; and WHEREAS, the City of Corpus Christi in coordination with Franklin Flato and his engineers, have prepared plans for storm sewers to serve an area, including that portion of the line through the property ,- �r 4, of Franklin Flato, all as shown on Public Works Drawings 7838 +7847 and, r related plans; and WHEREAS, it is the responsibility of the developer to provide '„at his, cook the; necaosary,stoim, newer lines within his said subdivision' except for any excess cost as a result of the City's requiring oversize or ss. over -depth of said lines; and y, iJ WHEREAS, the cost of constructing larger storm sewers for j drainage of areas larger than the particular subdivision is a City respon- sibility; and # WHEREAS, Franklin Flato has an interest in said subdivision and desires to expedite construction of the said line as shown by hatch t marks on Drawings 7845 -7846, a copy of which is attached hereto, labeled ' Exhibit "111, in order to permit immediate paving of these streets; and F, WHEREAS, based on bids received by Franklin Flato for the con - struction of a storm sewer designed to serve only said subdivision the developer's cost of the line through the said subdivision amounti to $10, 299.00; and WHEREAS, the Department of Public Works of the City has re- viewed the bide received by Franklin Flato determined that said amount of $10, 299.00 correctly represents the fair share of the cost of construction to be paid by said Subdivision owner. s WHEREAS, the City has agreed and does hereby agree'to construct the above described larger storm sewer line. ..Now, therefore . it .WITNESSETH�: The parties hereto agree; 1. That the City will construct a storm drainage sewer structure as shown by Exhibit "1 ", 2. Franklin Plato agrees to pay to City $10, 299. 00 within ten k (10) days after demand for payment is made by the City; however, the City ' shall not make said demand until Unit Two, Section Two of said Navigation Industrial Park Subdivision has been developed by the owner, t 3. The above obligations are hereby declared to be covenants i running with the land herein described as Navigation Industrial Park Sub- division and shall be binding on the parties hereto, their successors or !{{ assigns. r.a Witness our hands in duplicate, each of which shall be considered an original, this the Z 1 J- day of July, 1964. CITY OF CORPUS CHRISTI ,• t ATTEST: By ; t Herbert W. Whitney, •City Manager > + City Secretary I WRITTEN OBJECTIONS FILED: " • Vin, 7 /�$,G� ,• • •, ,• , , , City Attorney anklin Plato, Owner., THE STATE OF TEXAS j COUNTY OF NUECES j SUCRE PE, THE YNDERsiGNED AUTHORITY, ON THIS DAY PCRSONALLY APPEARED FRANKLIN FLATO, KNOWN TO HE TO OE THE PERSON WHOSE NAME IS SOSSCRIDEO•TO INC FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO {!E THAT HE £XECUTEO INC SAME FOR THE PURPOSED AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER IAY HAND AND SEAL OF OFFICE, TwiD INC DAY Of JULY, 19A. NOTARY PUDLiC IN AND FOR IIUECES COUNTY TEXAS ETTA LUCILLE HEQN Notary Public., In and for Nuam County. Texas MyCornmisskm Expires June 1, 1S —5 THE STATE OF TEXAS i COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED ItUBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO DE THE PERSON WHOSE NAME 13 SUOSCRIOEO TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO MC THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATCO AND AS INC ACT AND DEED OF SAID CITY. GIVEN UNDER W HAND AND SEAL OF OFFICE, YHIS THE DAY OF JULY, 1964. NOTARY PUSLIC IN AND FOR NU£CES COUNTY TEXAS f i TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF 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, 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 /� W. J. ROBERTS L" W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOIZ.G VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. LEGAL r HERBERT W+ WHITS Y, CITY MANAGER r- ,.° 3 Y' `• It 14, SINOER� CITY ATTORNEY JULY 3O, 1964 3 CONTRACT BETWEEN THE CITY AND FRANKLIN FLATO ` WITH REFERENCE 'I'0 THE CONTRACT BETWEEN THE CITY AND FRANKLIN FLATO, IN CONNECTION WITH THE STORM WATER DRAINAGE SEWER LINE ADJACENT TO AND THROUGH NAVIGATION INDUSTRIAL PARK SUBDIVISIONS I WISH TO POINT 6UT THE FOLLOWIN01 1. ON PAGE 2 OF $A10 CONTRACT, IN PARAGRAPH 2, IT IS PROVIDED THAT FRANKLIN FLATO AGREES TO PAY TO THE CITY $10,2J9.00 BUT FURTHER PRO+ YIDES THAT THE CITY SHALL NOT MAK9 DEMAND FOR SUCH PAYMENT „UNTIL UNIT TWO, SECTION TWO OF SAID NAVIGATION INDUSTRIAL 'PARK SUBDIVISION HAS BEEN DEVELOPED BY THE OWNER." SAID PROVIDION'OF SAID CONTRACT LEAVES THE MATTER OF TIME AS TO WHEN THE CITY WOULD BE REIMBURSED FOR AN OBLIGATION WHICH WOULD BE THE OBLIGATION OF THE PROPERTY OWNER, EXCEPT FOR SAID AGREEMENT TO THE OPTION OF THE PROPERTY OWNER. IT IS MY OPINION THAT REIMBURSEMENT TO THE CITY FOR INSTALLATION OF FACILITIES IN THE SAID SUBDIVISION, WHICH ARE THE OSLIGA+ ' TtON OF THE PROPERTY OWNERjSHOULO DE PAYABLE'ON A DATE CERTAIN RATHER THAN ' LEFT TO THE OPTION OF THE PROPERTY OWNER. - RESPECTFULLY 3US41TTED, 1. M. SINGER - ' -CITY ATTORNEY ' _ IMSSJKH 'ATTACHMENTS - '