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Home My WebLink About08467 ORD - 05/24/1967I L AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH PEERMAN CORPORATION, DEVELOPER OF PHARAOH VALLEY TOWNHOUSE, WHEREBY THE CITY AGREES TO REIMBURSE THE DEVELOPER FOR THE INSTALLATION OF OVER- SIZE AND OVERDEPTH SANITARY SEWER MAIN, IN ACCORDANCE WITH THE PLATTING ORDINANCE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $6,771.70 FOR THE SEWER MAIN, APPLICABLE TO PROJECT NO. 250- 67 -54, MCARDLE LIFT STATION AND MAIN; 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 PEERMAN CORPORATION, DEVELOPER OF PHARAOH VALLEY TOWNHOUSE, WHEREBY THE CITY AGREES TO REIMBURSE THE DEVELOPER FOR THE INSTALLATION OF OVERSIZE AND OVERDEPTH SANITARY SEWER MAIN, IN ACCORDANCE WITH THE PLATTING ORDINANCE, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 1 "SECTION 2. THERE IS HEREBY APPROPRIATED THE SUM OF $6,771.70 FOR THE SEWER LINE, APPLICABLE TO PROJECT No. 250- 67 -54, MCARDLE LIFT STATION AND MAIN, REPRESENTING THE SUM TO BE PAID TO THE PEERMAN CORPORATION UPON COMPLETION OF THE AFORESAID INSTALLATION OF OVERSIZE AND OVERDEPTH SANITARY SEWER MAIN, IN ACCORDANCE WITH THE TERMS OF THE PLATTING ORDINANCE. SECTION 3. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT SO THAT CONSTRUCTION MAY BE BEGUN WITHOUT DELAY CREATES A PUBLIC EMERGENCY ;i ND AN IMPERATIVEr,�PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE • DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE --Vtk DAY OF MAY, 1967- ATTEST: �J Y R� ZIT SECRETA /LEGAL THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AST FORM THI „ q DAY OF MAY, 1967: CITY ATTORNEY // 5/24/67 TW STATE OF TEXAS i COMM or NUECES I*EACASy THE PEERMAN CORPORATION,*. HEREINAFTER CALLED "DEVELOPER" HAS PLATTED) OR VILL PLAT) AND PROPOECa TO D&CLOP CCRTAIN PROPERTICS WHICH IT OWNS, TO St XMOWN AS PHARAOH'VALi.EY TOWNHOUSkf SITUATED IN A NOFITHEAPTERLV 0109CT160 FROM WAAme ROAD, LOCATED IN PHARAOH VALLEY SUBDIVISION, IN THE CITY OF ORP0 CHRUPT1, )NIECES COUNTY,,, TEXAS$ GENERALLY AS, SHOWN ON PRE- LIMINARY PLATS THEREOF APPROVED BY THE ZONING AND PLANNING COMMISSION) AND uKFFAS, THE QEVI;LOPER WILL CONSTRUCT SANITARY'SCWER* IN SUCH OCVCLOOMSHT) AND *VFW,, THE CONNECTION OF THE SANITARY SEWERS TO THE SEWER SYSTEM OWNED AND OPERATED By THE, CITY OF CORPUS► CHRISTI, A 14UNICIPAL CORPORATION, 1461MINAFTER CALLED "CITY", WAS REQUIRED IAY TIE CITY TO BE EXCESS IN Slit AND OEPTA TO THE REQUIREMENT$ OF SAID DCVELQPMENT, ALL AS SHOWN ON THE PLAT ATTACHED HERETO ANO MARKED EXHIBIT "A; AND - *E EASI PLAN$ ObR SUGH $XTCNSIOM WIRE PREPARED AND APPROVEO By THE DIRECTOR OF PUBLIC WQRKS OF THE CITY} AND• WEREAS, THE PLATTING ORDINANCE OP THE CITY, ORDINANCE 4168, PRO- Viols IN EECTIOy "8. wIttRE IT SHALR gE .DE tHMINED BY THE %11RECTOR GF PUBLIC NARKS T14AT LARGER OR 6ECf+ER MAINS, OR LINKS ARC ACQUIRED IN ORDER TO PROS VIDE FOR THE FUTURE RXtENSION OF THE SEWERf AND/Olt WATER UTILITY SYSTEM BEYOND THE LIMITS OF' THE SUDDIVI61001 IN AUEST1ON, TNC CITY SHALL ASSUME THE kESPON318ILITY'FQA ANY A601TIONAL COST3 INVOLVED. IN THE CANT CITY pU %¢S ARC NOT CURRENTLY AVAILABLE. TO PAY FoR SueH LARGER OR bEvOtft 14AIN$ OR LINES AS MAY SC REQUIRED, ARRANGENENTS SHALL BC MADE OOR THE DEVELOPER *0 INSTALL THESE IMPROYEMEMTSf AND BE lillM04RSi;D BY THE CITY") AND t EIDSI'I'HG SAILS. EXY031011 WILL 81 eOWWCO IM ACCVRPANCE WITH SAID PLANS AND SPECIFICATIONS AND WILL 8E ACCEPTED SY THE CITY,) AND *EMASO THE LOST TD THE DtVEL(*C0 OF SAID EXTEN9AON As SHOWN ON EXH1eIT "A" 14 46,771.701 AND * ' MOW,, SAID COST OF SAID IMPROVEMENTS ARE BASED ON ACTUAL 810 PRICES WITH RESPECT TO SANITARY 3EWER 1118TALLATION, AND THE SAID CALCULA- TIONS HAVE BEEN VERIFIED BY THE CITYIS DEPARTMENT OF PUBLIC WDAKS AND SAID ITEMS OF REIMBURSEMENT ARE FAIR AND REASONABLE, BASED ON CURRENT CONSTRUC- TION CO3T3 OF,THE SAID SEWER INSTALLATION} AND WiiiiEAS, IF 13 THE DESI1tr of MOTH DEVELOPER AND CITY THAT THIS REIMBURSEMENT AGREEMENT BE FORMALIZED BY WRITTEN IN$TRUMENT2 WOW, THERCFOREy THE CITY AGREES TO PAY DEVELOPER #6s771.70 ON COMPLETION AND ACCEPTANCE BY THE CITY OF THE INSTALLATION OF ALL OF SAID IMPROVEMENTS. DEVELOPER UNDERSTANDS AND AGREES THAT THE CITY 03 AND WILL 8E THE OWNER OF SUCH SEWER MAIN AND THAT DEVELOPER HAS NO RIGHT, TITLE, INTERE3T OR CLAIM IN OR TO SUCH SEWER MAIN AND THAT DEVELOPERIS ONLY RECOURSE HERE+ UNDER FOR THE COLLECTION OF THE ABOVE STATED SUM IS AGAINST THE CITY. DATED THIS THE DAY OF MAY, 1967- CITY OF CORPUS CHRISTI ATTI:sT: BY HERBERT W, WHITNEY CITY SECRETARY CITY MANAGER APPROVED AS TO LE:CAL FORM THIS iV1Y OF MAY, 1967: CITY ATTORNEY KERMAN CORPORATION ATTESTS By RESIDENT ECRETARY r Y THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY,. ON THIS DAY PERSONALLY HERBERT W. WHI MY APPEARED f CITY MANAGER OF•THE CITY OF N � r CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, *AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE5SAME�. AS THE - ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. -GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE MAY 67 DAY OF a 19_ NOTARY PUBLIC IN AND FOR NUECE5 COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NIECES BEFORE ME, THE UNDER31ONED AUTHORITY, ON THIS DAY PERSONALLY APPEARED OF THE PEERMAN CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME 13 SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT THE SAME WAS THE ACT of THE SAID PEEW CORPORATION, A. CORPORATION FOR THE PURPO3E3 AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THERE- IN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF MAY, 1967. NOTARY PUBLIC IN AND FOR NIECES COUNTY, TEXA3 CORPUS CHRI Sl 1, TEXAS . ;TT:l DAY OF TO THE t•IENIBCRS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASON; SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTIOA 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE 'IT IS INTRODUCED, 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: JACK R. BLACKMON (/ RONNI E SI ZEi LORE v V. 'A. "DICK" BRADLEY, JR. 1..f J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. ,l GABE L.OZANO, SR. J' KEN McDAN I EL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. 4i J. A. "JACK" GRANT /!i's F. JIMENEZ, JR., m. D. J>✓i' ` GABE L.OZANO, SR. Ap j KEN t-MCDANI EL •;/ /.// ' a May 16 1967 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT, OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF N0. 250 Sanitary Sewer Bond Fund Project No. 250 -67 -54 $6,771.70 FUND FROM WHICH IT IS PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. DI 0 FINANCE -0 �A Ai ;it J, g;� 7 7 SO Z V . AV -P �7, 1:1Z. p P, 7 -- _iN M, _j, A 0 Y, NOIF_ V, v i"SO W, y_ V 5W cgg �-x N" ONZI- FM 0_0 g -W m R AMA G" 0 ft A-5 M t N 3 pl�k A_' t,, p'. 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