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HomeMy WebLinkAbout08675 ORD - 11/29/19671MS:HR:11 -1 -67 , • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE 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 AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH CONTINENTAL OIL COMPANY, A DELAWARE CORPORATION, FOR THE PURPOSE OF PROVIDING FOR THE REIMBURSEMENT TO THE CITY OF THE COST OF EXTEND- ING AN 8-INCH WATER MAIN AND THE INSTALLATION OF A FIRE HYDRANT TO SERVE A TRACT OF LAND TO BE KNOWN AS ROSELAND PLACE, AND PROVIDING FOR THE REIMBURSE- MENT TO THE CITY FOR THE COST OF THE FUTURE EXTENSION OF SAID 8-INCH WATER MAIN ALONG THE EAST BOUNDARY OF SAID TRACT WHEN SUCH FUTURE EXTENSION IS MADE, 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 AT THE EARLIEST POSSIBLE DATE IN ORDER THAT THE TERMS OF THE AGREEMENT MAY BE EFFECTUATED 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 AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT FROM AND 8675 THE STATE OF TEXAS [ COUNTY OF NUECES [ WHEREAS, THE PAULINE CRAFT, HEREINAFTER CALLED "DEVELOPER ", HAS PLATTED, OR WILL PLAT, AND PROPOSES TO DEVELOP CERTAIN PROPERTIES WHICH IT OWNS, TO BE KNOWN AS LOTS 1 AND Z, BLOCK 4, ROSELAND PLACE, SITUATED IN A NORTHERLY DIRECTION FROM THE INTERSECTION OF HORNE ROAD AND STATE HIGHWAY 286, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, GENERALLY AS SHOWN ON PRELIMINARY PLATS THEREOF A COPY OF WHICH IS ATTACHED HERETO; AND WHEREAS, THE DEVELOPER IS REQUIRED TO CONSTRUCT WATER LINES IN SUCH DEVELOPMENT; AND WHEREAS, THE CONNECTION OF THE WATER LINES TO THE WATER SYSTEM OWNED AND OPERATED BY THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, HEREIN- AFTER CALLED "CITY", ARE REQUIRED BY THE CITY UNDER THE PLATTING ORDINANCE OF THE CITY, ORDINANCE 4168, ALL AS SHOWN ON THE PLAT ATTACHED HERETO AND MARKED EXHIBIT "A "; AND WHEREAS, SUCH WATER LINE EXTENSION IS APPROVED BY THE DIRECTOR OF PUBLIC UTILITIES, DIRECTOR OF PUBLIC WORKS AND WATER SUPERINTENDENT OF THE CITY; AND WHEREAS THE PROPOSED LOT 1, BLOCK 4, ROSELAND PLACE IS UNDER CON- TRACT FOR USE BY THE CONTINENTAL OIL COMPANY, A DELAWARE CORPORATION, HEREIN- AFTER CALLED "COMPANY" AS A SERVICE STATION SITE AND IT IS NECESSARY THAT AN EIGHT (8') INCH WATERLINE BE CONSTRUCTED TO SERVE SAID LOT 1, BLOCK 4, ROSE - LAND PLACE, AND; WHEREAS COMPANY DESIRES TO OBTAIN APPROVAL OF A BUILDING PERMIT ON SAID LOT BUT THAT PRIOR TO THE ISSUANCE OF THE PERMIT A PLAT OF THE PROPERTY IS REQUIRED, AND; WHEREAS THE CITY OF CORPUS CHRISTI IS WILLING TO CONTRACT FOR THE INSTALLATION OF SUCH EIGHT (a') INCH WATER LINE IF THE COMPANY AGREES TO RE- IMBURSE THE CITY FOR -THE COST THEREOF, AND; WHEREAS THE CITY REQUIRES 470 FEET OF 8" WATER LINE AND ONE FIRE PLUG AND THE COST OF INSTALLATION IS $3.00 PER FRONT FOOT AND THE DISTANCE REQUIRED IS 470, INSTALLED, ALL AS SHOWN ON SAID PROPOSED PLAT. THE USUAL AND CUSTOMARY TAP FEES WILL BE PAID BY COMPANY. WHEREAS, THE SAID WATER LINE EXTENSION WILL BE CONSTRUCTED BY THE CITY ALONG THE EAST SIDE OF THE SAID LOT 1, BLOCK 4, ROSELAND PLACE; AND WHEREAS, THE COST TO THE CITY OF SAID WATERLINE EXTENSION AS SHOWN ON EXHIBIT "A" IS $1,410.00; AND WHEREAS, SAID COST OF SAID IMPROVEMENTS ARE BASED ON ACTUAL PRICES WITH RESPECT TO WATER LINE INSTALLATION, AND THE SAID CALCULATIONS HAVE BEEN VERIFIED BY THE CITY'S DEPARTMENT OF PUBLIC UTILITIES AND SAID ITEMS OF REIM- BURSEMENT ARE FAIR AND REASONABLE, BASED ON CURRENT CONSTRUCTION COSTS OF THE SAID WATER INSTALLATION; AND WHEREAS, IT IS THE DESIRE OF BOTH COMPANY AND CITY THAT THIS REIM- BURSEMENT AGREEMENT BE FORMALIZED BY WRITTEN INSTRUMENT: NOW, THEREFORE, THE CITY AGREES TO INSTALL SAID WATER LINE AND FIRE PLUG; SAID COST NOT TO EXCEED $1,410.00. REIMBURSEMENT SHALL BE MADE PRIOR TO ANY WATER TAPS BEING PERMITTED TO SAID LINE. COMPANY UNDERSTANDS AND AGREES THAT THE CITY IS AND WILL BE THE OWNER OF SUCH WATER LINE AND THAT COMPANY HAS NO RIGHT, TITLE, INTEREST OR CLAIM IN OR TO SUCH WATER LINE. COMPANY HEREBY EXPRESSLY ASSUMES DEVELOPERS OBLIGATIONS TO INSTALL SAID a' INCH WATER LINE AND FIRE PLUG. DATED THIS THE DAY OF SEPTEMBER, 1967. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF SEPT., 1967: CITY ATTORNEY ATTEST: CRETARY CITY:OF CORPUS CHRISTI BY HERBERT W. WHITNEY CITY MANAGER CONTINENTAL OIL COMPANY A DELAWARE CORPORATION BY � - jo 0 . . 0 0 THE STATE OF TEXAS Q COUNTY OF NUECES 0 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WHITNEY , CITY MANAGER OF THE CITY OF 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 THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSEZ AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , i9_ NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- PEARED , OF THE CONTINENTAL OIL COMPANY, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 19 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS CORPUS CHRISTI, TEXAS -�� t DAY OF %�Lfll/�•'+�GtJ�I/, �/ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS 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 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 COUNCILS 1, 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, 1 YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS