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HomeMy WebLinkAbout08911 ORD - 06/19/1968B,Iw:6/19 /68 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH LEE ENTERPRISES, DEVELOPERS OF LAGUNA BUSINESS CENTER, CONCERNING THE LAYING OF A SEWER LINE AND INSTALLATION OF PACKAGE TREATMENT PLANT AND CONSTRUCTION OF A LIFT STATION, IN ACCORD- ANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY URBAN ENGINEERING, AS MORE FULLY SET FORTH IN THE AGREEMENT, 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, 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 ENTER INTO AN AGREEMENT WITH LEE ENTERPRISES, DEVELOPERS OF LAGUNA BUSINESS CENTER, CON- CERNING THE LAYING OF A SEWER LINE AND INSTALLATION OF PACKAGE TREATMENT PLANT AND CONSTRUCTION OF A LIFT STATION, IN ACCORDANCE WITH THE PLANS AND SPECIFI- CATIONS PREPARED BY URBAN ENGINEERING, AS MORE FULLY SET FORTH IN THE AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORE- SAID AGREEMENT IN ORDER THAT ADEQUATE SEWAGE TREATMENT FACILITIES MAY BE INSTALLED AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND 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 -Z-q- DAY OF JUNE, 1968. ATTEST:: CITY SECRET Y APPROVED: CL__ DAY OF JUNE, 1968: CITY ATTORNEY O MAYOR Plo•iem THE `CITY 0 C S CHRISTI, TEXAS Y'7 / / CORPUS CHRIST DAY OF j9lP 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 COUNCIL; 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 MAYOR plo:iC(g THE CITY OF CORPUS H ST II 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 FOLLOWI 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 B,Iw :6/19/68 , THE STATE OF TEXAS COUNTY OF NUECES j WHEREAS, LEE ENTERPRISES IS THE OWNER OF A TRACT OF LAND ABUTTING ON SOUTH PADRE ISLAND DRIVE, AT A POINT ABOUT 1050 FEET FROM WALDRON ROAD WHICH EXTENDS ALONG THE SOUTH SIDE OF SOUTH PADRE ISLAND DRIVE FOR A DISTANCE OF ABOUT 865 FEET; AND WHEREAS, SAID LEE ENTERPRISES DESIRES TO DEVELOP SAID PROPERTY AS A BUSINESS CENTER TO BE KNOWN AS "LAGUNA BUSINESS CENTER'; AND WHEREAS, IN A COOPERATIVE EFFORT TO FURNISH SEWER SERVICE TO SAID PROPERTY, THE OWNERS OF SAID PROPERTY HAVE AGREED WITH THE CITY ON A DIVISION OF THE COST OF LAYING A SEWER LINE AND INSTALLATION OF PACKAGE TREATMENT PLANT AND CONSTRUCTION OF A LIFT STATION IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY URBAN ENGINEERING: NOW, THEREFORE, SAID LEE ENTERPRISES, REPRESENTED BY DONALD A. LEE, W. HOWARD LEE AND RONALD E. LEE ESTATE, HAS ENTERED INTO THE FOLLOWING AGREE- MENT WITH THE CITY OF CORPUS CHRISTI, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND: 1. CITY SHALL FURNISH AT ITS EXPENSE AND TRANSPORT AT ITS EXPENSE TO THE SIDE AT FLOUR BLUFF, LOCATED ABOUT 600 FEET WEST OF WALDRON ROAD AND 1800 FEET SOUTH OF PADRE ISLAND DRIVE IN THE FLOUR BLUFF PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A PACKAGE TREATMENT PLANT. Z. THE CITY AGREES TO CONSTRUCT A LIFT STATION, INSTALL THE PACKAGE TREATMENT PLANT AND CONSTRUCT A SEWER MAIN FROM THE PLANT TO A POINT SOUTH OF THE PRIVATE ROAD BETWEEN THE H. E. BUTT PROPERTY AND THE PROPERTY OF LEE ENTERPRISES, AND THENCE IN A WESTWARD DIRECTION ALONG THE SOUTH LINE AND WITHIN A 15 -FOOT EASEMENT TO BE PROVIDED BY LEE ENTERPRISES, BY WRITTEN INSTRUMENT, A DISTANCE OF 1315 FEET TO THE SOUTHWEST CORNER OF THE LEE ENTERPRISES TRACT, SAID LINE TO BE ALONG THE ROUTE, OF THE SIZE, AND AT THE DEPTHS SHOWN ON THE MAP ATTACHED HERETO AND MADE A PART HEREOF. SUCH CONSTRUCTION AND INSTALLATION SHALL BE PERFORMED BY THE CITY UNDER A CONTRACT TO BE LET BY THE CITY TO THE LOWEST BIDDERS AND THE COST OF CONSTRUCTION AND INSTALLATION, AS WELL AS THE ENGINEERING, SHALL BE SHARED BY THE CITY AND LEE ENTERPRISES ON THE BASIS OF THE CITY PAYING 41.25% THEREOF AND LEE ENTERPRISES PAYING 58.75% THEREOF. SUCH COSTS, WHEN PAID BY LEE ENTERPRISES, WILL CONSTITUTE THEIR TOTAL PARTICIPATION IN THE SEWER SYSTEM AND THE CITY WILL NOT MAKE ANY FURTHER PRO RATA CHARGES OR ASSESSMENT AGAINST SAID LEE ENTERPRISES OR SAID LAND IN THE FUTURE FOR SEWER SYSTEMS ON SAID PROPERTY EXCEPT TAP FEES AS IS PROVIDED BY CITY ORDINANCE, FOR CONNECTION TO CITY SEWER LINES. ALL OF THE INSTALLATION SHALL BE THE PROPERTY OF THE CITY AND EASEMENTS FOR SAID LINES SHALL BE FURNISHED WITHOUT COST TO THE CITY BY THE SAID LEE ENTERPRISES. WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS THE DAY OF JUNES 1968. ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY BY R. MARVIN TOWNSEND APPROVED: CITY MANAGER DAY OF JUNE, 1968: I TY ATTORNEY LEE ENTERPRISES ATTEST: BY ETARY ); l I ,,��II ; 1 �.! , �g�� _ice I , �. ,,� � )��I I � - it �I j I et - - — — -------- �V el ►i I1C� rs AI fag;, Z171 1 -577'C'11017 14 , 61