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Home My WebLink About09001 ORD - 08/28/1968TDM:JKH:8 -28 -68 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A WATER SUPPLY AGREEMENT WITH PADRE ISLAND INVEST- MENT CORPORATION FOR BARATARIA BAY, UNITS 1 AND 2, PROPOSED ADDITr)NS, AS SHOWN BY THE MAPS THEREFOR, TO NUECES COUNTY, TEXAS, LOCATED ON PADRE ISLAND, COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, THE TERMS OF WHICH ARE FULLY SET OUT THEREIN; 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 TO ENTER INTO A WATER SUPPLY AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR BARATARIA BAY, UNITS 1 AND 2, PROPOSED ADDITIONS, AS SHOWN BY THE MAPS THEREFOR, TO NUECES COUNTY, TEXAS, LOCATED ON PADRE ISLAND, COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, THE TERMS OF WHICH ARE FULLY SET OUT THEREIN. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT' AS PROMPTLY AS POSSIBLE IN ORDER THAT THE PROJECT MAY BE BEGUN 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 28TH DAY OF AUGUST, 1908. ATTEST: r /� v r irl r gL44 J ` 1e��l�I�l7�AP� CITY SE RETAj,Y AYOR THE CITY OF CORPUS CHRISTI, TEXAS APPRO.,ED rrF' DAY OF A ST, 1968: I Ty ATTORNEY 9001 AGREEMENT The City of Corpus Christi, Texas, hereinafter called "City ", and Padre Island Investment Corporation, a Texas corporation, hereinafter called "Padre ", hereby agree as follows: 1. Padre has submitted to the authorised representatives of City a plat of Padre Island- Corpus Christi, Barataria Bay, Units 1 and 2 (hereinafter called "additions ") together with plane and specifications for the construction of sub- division improvements on such additions. 2. The City has approved the final plat of such additions and the plans and specifications for the subdivision improvements to be constructed thereon, subject to the conditions met forth in this agreement. 3. The City agrees that Padre may delay the construction of such subdivision improvements on such additions for a period not exceeding eight (8) years, but such improvements must be installed and constructed on or before September 1, 1976, pro- vided the restriction is agreed to by mortgage holders and an instrument to be filed of record running with the land, forbidding construction until the improvements are installed. 4. Padre agrees to construct the subdivision improvements specified in the plans and specifications on file in the Office of the Director of Public Works, and approved in connection with the approval of the plat of said additions on or before September 1, 1976, and before any buildings or other improvements are constructed upon any lot or parcel out of said additions. It is understood that such plans and specifications may be amended at the time of construction if such amendments are agreeable to both Padre and City. 5. Padre agrees that each contract, contract for deed or deed evidencing a sale or conveyance out of Padre will prohibit the construction of buildings or other improvements of any nature whatsoever upon such lot or parcel out of said additions, a copy of which contract shall be on file with the City Secretary and continue to be used until such time as the subdivision improvements have been constructed and /or installed by Padre, in accordance with the terms of this agreement. 6. Padre agrees to construct or cause to be constructed at no expense to the City, prior to or contemporaneously with the construction of the subdivision improve- ments for such additions, a water lire of adequate size in the opinion of the City to serve all of said additions extending from the City's overhead storage tank at Laguna Shore Road and Padre Island Drive to said additions, unless an alternate water supply facility is agreed to by both the City and Padre, and constructed within the time herein provided. 7. The City agrees to furnish to Padre, its successors or assigns, at the or such other location a reeable to both arties City's overhead storage tank at Laguna Shore Road and Padre Island Drive /an adequ& supply of fresh, potable water for said additions at the rate published by the City for water sold to properties similarly situated outside but within five (5) miles of the City's limits. 8. If such additions should be annexed to or be brought within the corporate limits of the City prior to the completion of the water line, if any, required in paragraph 6 hereof, then Padre will be entitled to reimbursement for the costs of such water line constructed under the terms of paragraph 6 above to the extent that a developer of land within the boundaries of the City would be entitled to reimburse- ment for the construction of a similar line within the City under the then existing City Ordinances. 9. This agreement shall be binding upon the parties hereto, their successors and assigns, and may be specifically enforced by either party, its successors or assigns. DATED , 1968. CITY OF CORPUS CHRISTI, TEXAS PADRE ISLAND INVESTMENT CORPORATION By By Marvin Townsend, City Manager Ben D. Marks, President ATTEST: U4 "A City Secretary Secretary APPROVED AS TO LEGAL FORM THIS DAY OF AUGUST, 1968. ty Attorney 50 CORPUS CriRICfl, TExAs TO 1 HE I'Lf�13ERS OF THE C ITY COUI':C I L CORPUS CHRISTI, TEXAS FOR THE REASONS SET FDPTri IN TIIE _ : =ZIENCY CLAUSE OF lHE FOREGOING ORDINANCE, A PUBLIC EIIELGENCY AND PAPE ^ATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR PLQUIREIIENT THAT NO ORDINAIICE OR RESOLUTION SHALL BE PASSED FINALLf ON THE DATE IT IS IJT60DUCED, AND THAT SUCH ORDINANCE OR RESOLUi ION 511AL� BE READ AT THREE MEETIN�;5 OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT 50U 51USFEND SAID CHARTER PULE OR REQUIREtIENT AND PASS THIS ORDI- NANCE FINALLY ON THE DALE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COU,4CIL. RESPECTFULLY, ri aa' r! 11 'MAIK�R THE CITY Or 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 zr W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE LLi;I,L,- V. A. "DICK" BRADLEY, JR. -4L. P. P. JIMENEZ, JR., M.D. .4 GABE LOZANO, SR. LC LL J KEN MCDAN 1 EL 4 C /,L W. J. "WRANGLER" ROBERTS LC�,C-