The URL can be used to link to this page

Home My WebLink About07701 ORD - 09/01/1965A t JKH:8 -31 -65 • ,. , AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE SARATOGA LAND COMPANY, JOHN D. HAWK, PRESIDENT, FOR THE CONSTRUCTION OF A SANITARY SEWER LIFT STATION ON EVERHART ROAD NEAR SARATOGA BOULEVARD PROVIDING FOR THE SARATOGA LAND COMPANY TO PAY 2i OF THE TOTAL COST AND SETTING FORTH MODE OF PAYMENT, A COPY OF WHICH AGREEMENT 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 AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE SARATOGA LAND COMPANY, JOHN D. HAWN, PRESIDENT, FOR I THE CONSTRUCTION OF A SANITARY SEWER LIFT STATION ON EVERHART ROAD NEAR SARATOGA BOULEVARD, PROVIDING FOR THE SARATOGA LAND COMPANY TO PAY 42% OF THE TOTAL COST AND SETTING FORTH THE MODE OF PAYMENT, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT IN ORDER THAT THE CONSTRUCTION OF A SANITARY SEWER LIFT STATION ON EVERHART ROAD NEAR SARATOGA BOULEVARD MAY BE COMMENCED 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 DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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__LDAY OF SEPTEMBER, 1965- ATTES 77. , CITY SECRETARY MAYOR APPROVED AS LEGAL FORM TH THE CITY OF CORPUS CHRISTI, TEXAS F SEPTEMBER, 1 CITY ATTORNEY 7701 , THE STATE OF TEXAS j COUNTY OF 'NUECES WHEREAS, SARATOGA LAND COMPANY HAf PLATTED AND JS DEVELOPIN4 _ COUNTRY CLUB ESTATES SUBDIVIDIONS IN THE CITY LIMITS DF •CORPUf CHRISTI, NUE ;CES COUNTY, - TEXAS, AND 1-5 DESIROUS OF OBTAINING, ADEQUATE SANITARY $EVER $ERViCEi AND WHEREAS, -IN ORDER TO PROVIDE SAID ADEOUATE SEWER SERVICE IT - 1$ NECESSARY TO CONSTRUCT` A ;SEWER LIFT STATION OK THE SOUTHEAST 810E OF EVERHART ROAD NEAR.SARATOGA BOULEVARD;'AND •. -� ' -- - WHEREAS$ THq SARATOGA LAND COMPANY, IN ORDER TO AdCELERATc - THE TIME WITHIN WHICH TO 13EGIN CONSTRUCTION, 1S WILLImQ TO:A$sl$T TN$• 'LAND " CITY IH THE DOST 'Or ACgU1SITION, ENGINEERINGS� CONSTRUCTION I 'SUPER°`.' VISION AND MISCELLANEOUS OTHER EXPENSES 'IN THE RAT 40 ": THAT THE COMPANY LAND HOLDINGS BEAR Tti'THE AREA TO BE SERVED BY ,THE LIFT STATION, ANON " 1T APPEARING THAT THE TOTAL '_COST OF -THE LItT STATION WI L4 E AIIPROXI. i MATELY #W 000.00 AND THE SARATOGA LAND COMPANY 1.E WI"LLINO..TO�PARTI:CtPA7C 6 TO THE tXTiNT 'OF 42% OF THE . COST$,• THE `>FAME BEING THE °PERCENT OR RATtu IT$ HOLDINGS BEAR'TOTHE POTENTIAL AREA T0 SERVED AND. - THE CITY IS TO g - - OBTAIN X REPUTABLE CONTRACTOR TO PERFORM THE CONSTRUCTION OF THE 'LIFT - aTAT;lON AND THE SARATOGA LAND COMPANY WILL 'PAY 42% OF THE MONTTILY aSTiMAT6 AS THE WORK PRdiA¢SSE s; - - THEREFORE:*. THE CITY AGREES TO HAVE THE SEWER LIFT fTATION• t CONSTRUCTED WITHIN TWELVE t12?,MONTHS FROM THE DATE °lEREOFj: WITH 6NSTRUC+' • - - TION. -TO BE COMMENCEb.WITHIN SJ X•16 MONTHS FROM THE OATS HEREOFS THE " ' SARATOGA LAND COMPANY. AGREES 'j0 PAY tTS,SHARE AS ABOVE AGREEQ EQUALLING IF2�i OF THE TOTAL COST,'iNCLUDING ALL OF THE ITEM$ MEN7IONED;ABOVE] .pAYibLE'' AS ABOVE SET' OUTj WITHIN TEN (10) DAYS AFTER RFCCEIPT OF 'A STATEMENT OF EST IM *TED MONTHLY CHARGE S..- DATEO THIS THE DAY DF SEPTE0001965a ATTEST: CITY ,OF CO NS 'CHRISTI,, TEXAS `{ CITY. SECRETARY • _ :, ' - -;' ... '. .. [ ... APPROVED AS TO LEGAL FORM THIS BY /.. DAY 000WR0 19655 - FIERBERT 1 . WHITNEY CITY MANAGER CITY ATTORNEY �- SARATMA LAND COMPANY''.` ATTEST:. BY ' 'JOHN D. HAWN, PRESIDENT'` - - ' OHN Y. KELTN.ER, SECRETARY .. - - -., • ... r THE STALE OFTTEXAS COUNTY. OF NUECES BEFORE ME j THE UNDERSIGNED, AUTHORITY, ON THIS£ DAY PERSONALLY - . APPEARED HERBERT W. WHITit CITY MANAGER OF•THE CITY OF CDRAUi CHRitSTI, TEXAS, XMOWN TO ME TO BE ,THE PERSON WHOSE NAHE IS 305*rRISED` 70 THt _ FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME - , -_- FOR THE PURPOSES AND CQNSIDERATION THEREIN'EXPRESSEQy,AND. IN THE CAPACITY - -. THEREIN STATED AND AS,THE ACT 'AND .DEEO OF SAID CITY.,: GIVEN UNDER NY HAND «AND SEAL w00' OFFICE] TNI>! THE DAY of - NOTARY PUBLIC IN .AND FOR.NUECEi COUNTY" TEXAS THE SPATE .OF TEXAS COUNTY OF NUECES �. "BEFORE NEB -THE UNDERSIGNED�AUTHORITY, ON TMtS bAY'`PER30NALLY APPEARED•JOHN.0. HAWN � PRESIDENT`DF 44 SARATOGA 'LAND 'COMPANY, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME 13 =UBSCRISED TO THE FORCs�INC ' INSTRUMENT AND ACKNOWLEDGED' To ME THAT THE, SAME WAS THE ACT"OF THE'fA1D '. - SAAATODA LAND COMPANY A CORPORATION* AND THAT HE•'EXECUTED THE GAME. At THE ACT OF SUCH CORPORATION FOR THE PURPO9EE AND CONSIDERATION THEREIN EXPRESSED #ND JN THE CAPACITY THEREIN STATED GtYEH UNDER MYIHHAANDtANo SEAL OF OFFICE# THI'>r THE DAY Dk d 'NOTARY PUSL!C 1N AND FAR NUECES COUNTY, - TEXAS - a rr w y - - F 4 CORPUS CHRISTI, TEXAS r h / '19 /�j.i// TO THE MEMBERS OF THE CIT 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, ' MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING jVOTE: DR. MCI VER FORMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE b THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FORMAN l�(� JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE INTER- OFFICE COMMUNICATION ' Dept. LEGAL - TO HERBERTW._WHITNEY, CITY .MANAGER From I'• M. SINGER, CITY ATTORNEY Date SEPTEMBER 1, 1965_ Subject SARATOGA LAND COMPANY, PERTAINING TO SANITARY SEWER LIFT STATION. THE MAP ATTACHED TO MEMO OF DIRECTOR OF PUBLIC PUBLIC WORKS SHOWS AREA TO BE SERVED BY LIFT STATION AS GROSS AREA OF 1004 ACRES WITH THE AREA SUBTRACTED NOT REQUIRING SERVICE BEING I43 ACRES GOLF COURSE, 12 ACRES PAROKr AND AN UNNAMED AMOUNT OF DRAINAGE DITCH AREA. THIS WOULD LEAVE A NET OF 8,4191. ACRES TO BE SERVED BY THE LIFT STATION OF WHICH THE LAND COMPANY HAS 1424+ ACRES, OR APPROXIMATELY 50% OF THE AREA TO BE SERVED, RATHER THAN 42% AS STATED IN THE MEMO. THE POINT IS IMMATERIAL SO Ferz ea eFFECTING TAE LEGALITY OF THE CONTRACT BUT THE RECrIATION IN THE CONTRACT TO THE EFFECT THE 2,f IS THE SAME PERCENT OR RATIO OF THE HOLDINGS OF THE SARATOGA LAND COMPANY TO THE POTENTIAL AREA TO BE SERVED IS NOT A CORRECT RECITA- TION IF THE FIGURES ON THE MAP OR CORRECT. - I. M. ING�1 CITY ATTORNEY I MS: JKH