HomeMy WebLinkAbout09026 ORD - 09/18/1968TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT
WITH JON HELD FOR PAYMENT OF SEWAGE TREATMENT PLANT
CHARGES FOR WALDRON HEIGHTS UNIT I, AN ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY
OF WHICH AGREEMENT 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 15 HEREBY, AUTHORIZED
AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
AN AGREEMENT WITH JON HELD, FOR PAYMENT OF SEWAGE TREATMENT PLANT CHARGES
FOR WALDRON HEIGHTS UNIT I, AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE
A PART HEREOF.
SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE AGREEMENT
HEREINABOVE MENTIONED 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 SAID CHARTER RULE
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /iW&DAY OF
SEPTEMBER, 1965.
ATTEST
CITY Y SELRETA // A O -
UUU M THE CITY OF CORPUS CHRISTI, TEXAS
APP�QVED:
`�i" OF SEPTEM , 1965:
5 ISTANT CITY AT 0 NAY
D026
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AGREEMENT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES j
THIS CONTRACT, MADE AND ENTERED INTO, THIS THE DAY OF
SEPTEMBER, 1968, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, A MUNICIPAL
CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER,
R. MARVIN TOWNSEND; OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CITY",
AND JON HELD, OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "DEVELOPER ",
WITNESSETH:
WHEREAS, THE DEVELOPER IS THE OWNER OF THE FOLLOWING DESCRIBED
REAL PROPERTY, IN NUECES COUNTY, TEXAS:
WALDRON HEIGHTS UNIT I, AN ADDITION TO THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN THE FLOUR
BLUFF AREA, BEING MORE PARTICULARLY DESCRIBED BY MAP
OF RECORD IN VOLUME 33 , PAGE 30 , MAP RECORDS OF
NUECES COUNTY, TEXAS, WHICH RECORD IS MADE A PART HERE-
OF FOR DESCRIPTION;
AND
WHEREAS, CITY HAS INSTALLED A SEWAGE TREATMENT PLANT FOR WHICH
THE DEVELOPER IS INDEBTED TO THE CITY IN THE AMOUNT OF SIX THOUSAND NINE
HUNDRED DOLLARS ($6,900.00):
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE RIGHT
OF IMMEDIATE USE OF THE AFOREMENTIONED SEWAGE TREATMENT PLANT, DEVELOPER
AGREES TO PAY THE SUM OF $6,900.00 TO THE CITY WITH INTEREST FROM DATE AT
THE RATE OF 6 -1/2% PER ANNUM, PAYABLE IN MONTHLY INSTALLMENTS OF ONE HUNDRED
FIFTY DOLLARS ($150.00) EACH, PLUS ACCRUED INTEREST, WITH THE FIRST INSTALL-
MENT BECOMING DUE ONE MONTH FROM EXECUTION HEREOF, AND SUBSEQUENT INSTALLMENTS
BECOMING DUE ON CORRESPONDING DATES EACH MONTH UNTIL THE ENTIRE PRINCIPAL
AND INTEREST IS PAID. IN THE EVENT OF DEFAULT IN PAYMENT OF PRINCIPAL OR
INTEREST, DEVELOPER AGREES TO PAY AN ADDITIONAL TEN PERCENT (10 %) OF PRINCIPAL
AND INTEREST AS ATTORNEYS FEES.
THE PAYMENTS HEREIN AGREED TO BE PAID SHALL BE IN ADDITION TO
ANY CHARGES FOR TAPS OR OTHER CONNECTION CHARGES OR DEPOSITS PROVIDED BY
THE RULES AND REGULATIONS OF THE CITY PUBLIC UTILITIES DEPARTMENT.
r
IT IS AGREED BY THE PARTIES HERETO THAT ANY LOT OR LOTS MAY BE
RELEASED BY PARTIAL RELEASE FROM THE CITY AS LONG AS THE NUMBER OF LOTS SO
RELEASED MULTIPLIED BY $150.00 DOES NOT EXCEED THE AI4OUNT PREVIOUSLY PAID
BY DEVELOPER AND THE DEVELOPER IS NOT IN DEFAULT IN PAYMENT OF MONTHLY
INSTALLMENTS,
THIS AGREEMENT IS AND SHALL BE A COVENANT RUNNING WITH THE LAND
AND IN CASE OF DEFAULT, AN EXPRESS LIEN IS HEREBY CREATED ON THE ABOVE
DESCRIBED PROPERTY. THE CITY OF CORPUS CHRISTI MAY, ON DEFAULT, ENTER AND
TAKE POSSESSION OF THE ABOVE DESCRIBED PROPERTY AND SELL SAME TO SATISFY
THE LIEN CREATED HEREBY.
UPON THE EXECUTION OF THIS AGREEMENT, THE CITY WILL GIVE ITS
APPROVAL TO THE DEVELOPER AND ACCEPT THE SUBDIVISION FOR MAINTENANCE OF
PUBLIC IMPROVEMENTS THEREIN.
IN WITNESS WHEREOF, THIS INSTRUMENT IS EXECUTED IN DUPLICATE
THIS THE DAY OF SEPTEMBER, 1968.
ATTEST: CITY OF CORPUS CHRISTI
BY
CITY SECRETARY R. MARVIN TOWNSEND
CITY MANAGER
APPROVED:
DAY OF SEPTEMBER, 1968: °CIly,
ITY ATTORNEY
JON HELD
IRECTOR OF FINANCE
"DEVELOPER"
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. MARVIN TOWNSEND, 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 EXPRESSED AND IN THE
CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY of
SEPTEMBER, 1968.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
-2-
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED JON HELD, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED
TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE
SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
SEPTEMBER, 1968.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
CORPUS CHRISTI, TEXAS p
/PtLDAY OF �, 9!0
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; 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, / /%,(j
MAYOR'
,THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY HE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" EfRADLEY, JR. �_ 1
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDAN I EL
W. J. "WRANGLER" ROBERTS U THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D. _ctL1_&
GABE LOZAN O, $R.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS