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HomeMy WebLinkAbout07875 ORD - 01/19/1966Biwa /19/66 AN,ORDI NANCE AUTHORIZING AND DIRECTING THE CITY MANAGER', FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH PAUL KOEPKE, DEVELOPER OF STONEGATE SOUTH SUBDIVISION, BY THE TERMS OF WHICH AGREEMENT THE CITY WILL REIMBURSE SAID PAUL KOEPKE IN THE AMOUNT OF $12,156.00 FOR THE COST OF CONSTRUCTING OVERSIZE ANQ /,OR OVERDEPTH STORM SEWER LINE TO SERVE THE STONEGATE SOUTH SUBDIVISION IN ACCORDANCE WITH THE TERMS OF THE PLATTING ORDINANCE AND AS APPROVED BY THE CITY COUNCIL DECEMBER 29, 1965; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $12,156.00 WHICH AMOUNT IS TO BE PAID TO PAUL KOEPKE UPON REQUEST AND SATISFACTORY COMPLETION OF THE STORM SEWER LINE DESIGNATED AS PROJECT NO. 295 -64- 145.2; 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 PAUL KOEPKE, DEVELOPER OF STONEGATE SOUTH SUBDIVISION, BY THE TERMS OF WHICH AGREEMENT THE CITY WILL REIMBURSE SAID PAUL KOEPKE IN THE AMOUNT OF $12,156 FOR THE COST OF CONSTRUCTING OVERSIZE AND /OR OVER- DEPTH STORM SEWER LINE TO SERVE THE STONEGATE SOUTH SUBDIVISION, IN ACCORD- ANCE WITH THE TERMS OF THE PLATTING ORDINANCE AND AS APPROVED BY THE CITY COUNCIL ON DECEMBER 29, 1965. , SECTION 2. THERE IS HEREBY APPROPRIATED OUT OF N0. 295 STORM SEWER BOND FUND THE SUM OF $12,156 WHICH AMOUNT IS TO BE PAID TO PAUL KOEPKE UPON REQUEST AND SATISFACTORY COMPLETION OF THE STORM SEWER LINE DESIGNATED AS PROJECT No. 295-64-45.2. SECTION 3. THE NECESSITY TO AUTHORIZE THE HEREINABOVE DESCRIBED AGREEMENT AND APPROPRIATE THE NECESSARY FUNDS TO THAT THE PROJECT MAY PRO- CEED WITHOUT DELAY 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED t 1.7875 ;� i`i 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 _Zf DAY OF JANUARY, 1966. ATTEST: c ClTif SECRIETA RY APPROVED AS TO LEGAL FORM T IS C% W DAY OF JANUARY, 1966: ,XHISTANT CV TORNE� J A MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE STATE ;OFO' TEXAS _ # COUNTY OF. WECES ER > PAUL K069E, HEREINAFTER,C_ALLED NDEVELQPERU, HASr PLATTE b, OR WILL PLATS AND PROPOSES TO' DEVELOP'CERTA114PROPERTI£S WHICH HE OWNS' TO - • - « -SE $(HONK AS ZTONiGATE SOUTH SUBDIVISION] LYING BETWEEN �EXiNGTON 6OULEVARD � -,'. - �- • - - _ EV6RHART_ LY ROAD, W R640,' AND. WPpiR ROAD, GENERALLY -AS SHOWN ON PRELIM INARY « PLATS OF STONEGATE SOUTH :SUODIVISIgNs APPROVED Br= THE ZONING AND PLANNING - CAMMIti910H„ AND {JNEI#EASi THE DEVEL'OPER'iIILL CONSTKUCT STORM SEWERS IN SUCH OEVEIOPHCNT; AND - WNEREAS; '•Tk CUNNCCt10N 00 THE STORM SEWERS iO THE 'STORM 9E_}!ER SYSTEM ; OWNED-ARD OPERATED, 9Y 7I1E CITY •$P CORPUS C40,IST1, A MUNICIPAL_CORPORATIO14 HEREINAFTER: CALLED I'd ITY ° WAS RC,QUIRED OY THE CITY TO BE by MEANS- OF_AN <c , ;EASEMENT EXTENSION A3.$HOWN ON.THE 'ATTACHED MAP' -IDENtIF(kD'AS.EXHIBI7 "A • +' AND = • a' .. ?, . _ , �- WHEREAS? PLANS FOR SUMEXTENSION WERE PREPAIREO, BY THE D£1IELOP,ER'S.- = ENGINEER AND WLRE APP ROVED- THE DtRE,CiOR„OF:PUbec WORKS OF THE CItY;AND WEREAS; THE'PLATTING 0R0)N0CE,Of''TH9 CITY 6RDINA1iCE' 4%822 ". PROVIDE$ IN SECTtONxV-(I�) (8): E • "S. WHERE AT '$HALL De , AEtERM 1 NEA ,9Y THE-, Dt REC70R> QF"PUBL' C: < °. %6(3 THAT LARGER OR DEEOER MAINS 691INES AWREQUIREO IN -ORDER TO PRO-, VIDE FOR THE FUTURE EXTENSION OF THE -SEWE­R_ /OI WATER UTI'L'ITY SYSTEM BEYOND THE L'IMIT9 OF THf SUBDIVISION IN' QUESTION; tHE CITY SHALL ASSUME _ THE' RESPONSIBILITY FOR AHY,AODITIONAL COSTS ,INVOLVED.• iW THE EVENT `CITY, .. FUNDS ARE ,NOT CURRENTLY AVAILABLE TO,;PAY *OR SUCH. LARGER OR DEEPEI4'HAINS- - OR LINES AS MAY Ili REOUIREO' ARRANGEMENTS SHALL OE MAO£ FOR THE'�DEVELOPER TO L '- INSTALL. THESE IMPROVEMENTS AND, DE' REIMBURSED BY THE CITYTi AND •• 'WHEREAS] -4HE SAfD EXTENSION WILL SE 'COMPLETED IN ACCORDANCE WITH ,SAID PLANS`ANU 3PECIFiCATIONS AND'411L1. OA ACCEPTE15 -Or TtE CITY ;'AND r - WiiEI�EAS�,THE COST TO THE DEVELOPER•O •$A 10 EXTENSION- iS- SHOWN.ON -` - ExHlelf "A ", AS 412,'156; AND yrAiWXASi DE,VE'LOPER HAS RECORDED FINAL PLATS QN•STONEGATE "SOUTH , ,SU001VISIpNy 40I4TAINING A TOTAL:OF LOTS; AND " WIiERFAS, it IS'tk INTE4T1ON W THE DEVELOPER TO' RECORD ADD1!�' TIONAL FINAL UNITS 60 STONEOATE SOUTH SUBQIVISION, AS SHOWN IN PRELIMINARY ` • *LATS APPROVE6 13Y TMC, PLANNING :COMMISSION} .'ANA r *REAS,. {T iS THE DESIRE OF.DOTHDEVELOPER AND CITy'THAT'`THIS- ' •REItAtl RSEMENT AGRetiIEHT BE FOBMALI'ZED BY WRITTEN INSTRUNENTi N* TKREFOREp THE CITY OF CGRRUS�'CHRI$T1 AOREES Td PAY DEYELOPHR, F NDT TO',EXCEED 41 ,156- 0N;C6NPLETION AND ACCEPTANCE -SY THE CITY OI` TH15 STORM _ - SEW R INSTALLATION. - ? • • '•' - - " DEVELQPEFi' 11NOERSTANDS ,ARD' /14REES THAT THE CITY 18 'THE OWNER 00' ' - _ ` SUCH, STORM .SEVER I- i•NIE; ANO THAT 0EVELO0.Et2 HAS HO RiGHTj +TITLE, iNTE1tE3T' OR r• _ .CLAIM IN OR TO SUCH STORM SEWER ,L I HE AND., THAT DEVELOPER"$ ONLY hEC00RSE- `+ - HEREUNDER FPO- THC- COLLECTICN OF THE MOVE STATED SUMj -Is AGAIN37 THE - CITY.` _ aP ' 'DATED •THIS THE.• -` qAY OF JANUAFIY" 1966: n CITY OF CORPUS CHRISTI'- .• _ ATTEST: .r BY m CITY SECRETARY ERSERT W- WIIITSIEY - ''' .. 'C,tTY MANAQER APPR01t,D AS TO UGAL FORM THIS /l" DAY� or�11lAAARY,, 1966s , •� _ _ _ ., SlSTANT CLTY/ T.TORNEY } -i Q/ - PAUL KOEP7(El THE, STATE OF 'TEXAS' Cw!l l OF NUECr4. .�3 4 s.. y .. ` b y • .A a- 'g •A_ _ . _ BEFORE ME,,tHE•UNDOSIGNED AUTHORITY" ON THIS DAY PER56NALLY AP- -P . EARe6,HER5ERT W.- 4MITNEY,, -CITY MANAdEIt.OF THE CITY 'OE CORPUS CHRiSTIj _ ' TEXASp A•MUNICIPAL CORPORATION, KNOWN TO ME -TO DE 'THE PER3DN ANp,OiiICER ' WHOSE NAME, 15- SUDSCRIRE6 TO THE FOREGO►NR INSfkltiENT, 'AMP ACKNOWLEDGEp 10= Mt TFIAT NE EXECUTED THE' GAME AS THE ACT AND •DEIp OE SAID CITY OF CORPIi9 CHRISTI. FOR THE'PURPOSES AND 'CONSIDERATiANl- THEREIN,EXPRMED AND IN THE CAPACITY' THERE 1H,01ATED. GIVEN UNDER;MY'HAND AND SEAL OF' •OFFICE, -THIS THE OAY OF ' - - NOTARY PUBLIC III AND FOR NUCCES OUNTY, - - TEXAS„ - ,. THE _6TATE PF• TEXAS COUNTY 'OF - N DECO ; - BEFOitE ME, THE 6NDER8IGNED-A THORITY ON THIS DAY PERSONALLY ' ^ � a APPEAaED. PAUL ,KOEPFiE, Kt10WN TO MME TO @E ?HE- PERSOM WHOSE_ ONE IS ^'31.04CRI,pED1' , TO,TNE FOREGOINoINSTldW'047fAND ACK146WLEOGED.TO•NE TflAT HE fXECUTQO THE' SAME °FOR THE PUAPOftSrANO CONSIDERATION THEREIN EXPRESSEQ. GIVEN UNDER -W HAIL AbID'.SEAL OF't) ICE, rH13 grle�bAY Oi .. t. JANUARY; 1966. ;NOTARY PUBLIC IN AND FOR p §E4 CDfJNTY, - TEXAS'- + °, .,a a `Y 6!„ is ..•i .. =e -� ., - - f , .. -. -' . +P, - JANUARY 19, 1966_ I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANC(I IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 295 STORM SEWER BOND FUND, PROD. No. 295 -64 -45.2 $12,156 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT Y APPROPRIATED FOR ANY OTHER PURPOSE. , + DIR TOR F F AN s -i'. CORPUS CHRISTI, TEXAS �9 DAY OF O/_�� 19( 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES DR. MCIVER FURMAN 1' (,.[ ..P JACK BLACKMON �aT iz_ PATRICK J. DUNNE DR. P. JIMENEZ, JR. ✓u ,/' .L, KEN MCDANIEL RONN I E SI ZEMORE WM. H. WALLACE ✓ /,'t J7 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES DR. MCIVER FURMAN L� JACK BLACKMON4L PATRICK J. DUNNE DR. P. JIMENEZ, JR. 1 KEN MCDANIEL RONNIE SIZEMORE U WM. H. WALLACE r �� 1 � [�iti'c�r�..� �J