The URL can be used to link to this page

Home My WebLink About09280 ORD - 03/19/1969L'4 :MV L: j -ty -nj AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR Ai!D ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEP'IENT BETWEEN THE CITY OF CORPUS CHR 1ST I AND PHARAO.' -I ENTERPRISES, I.TD. , AUTHORIZING THE SAID PHARAOH ENTERPRISES, LTD. TO TAKE EFFLUENT WATER FROM THE OSO SEWAGE DISPOSAL PLANT OF THE CITY UNDER CERTAIN TERMS AND CONDITIONS, ALL OF WHICH IS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING API EMERGENCY. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER 15 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH PHARAOH ENTERPRISES, LTD., FOR THE TAKING OF EFFLUENT WATER FROM THE DSO SEWAGE DISPOSAL PLANT OF THE CITY, UNDER CERTAIN TERMS AND CONDITIONS, ALL AS SET OUT IN SAID AGREEMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENABLING THE PARTY CONTRACTING WITH THE CITY TO PROMPTLY COMPLETE PLANS FOR THE USE OF SUCH WATER AND MAKE USE OF SUCH WATER WHICH WOULD OTHERWIS_ BE WASTE WATER OF THE CITY AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FIN:.LLY 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 FIII:,LLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 13 ACCORDINGLY SO ORDAINED THIS THE DAY OF MARCH, 1959. ATTEST: C4YSEeREv AR Y iJ APPROVED: 9 DAY OF MARCH, 1959: CITY ATTORNEY MAYOR ppr�p;Tam TFTE ZITY OF C PU CHRISTI, TEXAS 9ZSC) THE STATE OF TEXAS Q COUNTY OF FIUECES Q UPE -RLAS, THE CITY OF CORPUS CHRISTI IS THE OWNER AND OPERATOR OF A SANITARY SEWER DISPOSAL PLANT, GENERALLY KNOWN AS THE 050 SEWER PLANT, LOCATED NEAR THE 050 MUNICIPAL GOLF COURSE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AT WHICH PLANT THE EF- FLUENT, AFTER TREATMENT, REQUIRES DISPOSALS AND WHEREAS, PHARAOH ENTERPRISES, LTD., IS DESIROUS OF USING SUCH EFFLUENT WATER FOR IRRIGATION OF THE GRASS AREAS ON A GOLF COURSE PLANNED AS A PART OF THE DEVELOPMENT OF PHARAOH VALLEY SUBDIVISION; AND WHEREAS, THE CITY HAS AGREED AND DOES HEREBY AGREE TO PERMIT THE TAKING OF SUCH EFFLUENT WATER: 140d, THEREFORE, KNa•! ALL IKEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS OULY AUTHORIZED CITY MANAGER., HEREINAFTER CALLED "CITY ", AND PHARAOH ENTERPRISES, LTD., HEREINAFTER CALLED`JEVELOPEP.S ", FOR A;;D IN C0; ;SIDERATION OF THE PREMISES, HAVE: AGREED AND BY- THESE PRESENTS DO AGREE AS FOLLOWS: DEVELOPERS SHALL HAVE THE RIGHT AT THEIR OWN COST AND EXPENSE TO TAKE FOR USE AS IRRIGATION WATER FOR THEIR GOLF COURSE THE EFFLUENT WATER. BELONGING TO AND DISCHARGED BY THE CITY FROM ITS SAID OSO SEWAGE DISPOSAL PLANT. THE POINT OF TAKING. SHALL BE THE POINT MOST CONVENIENT TO THE CITY AT OR NEAR* SAID SEWAGE DISPOSAL PLANT, TO BE HEREAFTER DESIGNATED BY THE CITY. ANY AND ALL INSTALLATION, MATERIAL, LABOR, POWER AND EQUIPMENT NECESSARY TO PROVIDE FACILITIES FOR TAKING OF SUCH EFFLUENT WATER AND TO TAKE SUCH EFFLUENT •WATER SHALL BE WITHOUT COST TO THE CITY. IN THE EVENT ANY PUMPING FACILITIES ARE FURNISHED DY THE CITY, THE: CITY SHALL BE REIMBURSED ON A MONTHLY BASIS AS BILLED FOR THE COST OF SUCH PUMPING... IT IS AGREED THAT NO CHARGE SHALL BE MADE BY THE CITY FOR SUCH WATER UNLESS AND UNTIL SOME MARKET IS AVAILABLE FOR THE SALE OF SUCH EFFLUENT WATER OR A PORTION OF THE EFFLUENT WATER PRODUCED AT SAID PLANT, AND IN THE EVENT A MARKET BE DEVELOPED OR OCCUR BY WHICH A CHARGE IS MADE FOR EFFLUENT WATER PRODUCED AT SAID PLANTS THEN AND IN THAT EVENT THE DEVELOPERS SHALL HAVE THE OPTION OF CONTINUING TO TAKE SUCH EFFLUENT AT THE SAME _RATE AS IS PAID TO THE CITY AT OR NEAR THE SAME POINT OF DELIVERY OR DEVELOPERS MAY AT THEIR OPTION DISCONTINUE THE TAKING OF SUCH EF- FLUENT WATER AND THIS AGREEMENT WILL IN THAT EVENT BECOME NULL AND VOID AND OF NO FURTHER FORCE OR EFFECT. IN THE EVENT A CHARGE FOR SAID WATER BECOMES EFFECTIVE, THEN THE DEVELOPERS SHALL IN- STALL ADEQUATE METERING DEVICE TO ACCURATELY METER THE AMOUNT OF EFFLUENT WATER TAKEN DAILY BY IT HEREUNDER SO LONG AS THIS CONTRACT REMAINS IN FORCE AND THE CITY SHALL ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH BILL THE SAID DEVELOPERS FOR ALL WATER. CHARGES INCURRED FOR THE PRECEDING 14ONTH AND WITHIN FIFTEEN (17) DAYS AFTER THE RENDITION OF SUCH BILL, THE DEVELOPERS SHALL MAKE PAYMENT TO THE CITY FOR ALL SUCH WATER TAKEN FOR THE PRECEDING MONTH, IT IS AGREED BY niE PARTIES HERETO THAT THE CITY IS NOT OBLIGATED TO FURNISH EFFLUENT WATER IN ANY PARTICULAR QUANTITIES AND THAT THIS AGREEMENT IS MADE TO PERMIT THE DEVELOPERS TO TAKE SUCH WATER AS IS AVAILABLE AT THC TIME THE SAME IS AVAILABLE. IV CITY AGREES THAT IT WILL MAKE AVAILABLE TO THE DEVELOPERS SUFFICIENT EASEMENT RIGHTS ACROSS THE LAND OF THE CITY TO BE EFFECTIVE DURING THE LIFE OF THIS CONTRACT TO ENA3LE THE DEVELOPERS TO CONSTRUCT SUCH LINES OR OTHER INSTALLATIONS AS NECESSARY TO PERMIT THE TAKING OF SUCH EFFLUENT WATER. -2- • .0 NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE TO ANY THIRD PARTY FOR THE ACTS OR O11ISSION OF THE OTHER PARTY, ITS AGENTS, SERVANTS AND EMPLOYEES IN THE PERFORMANCE OF THIS AGREEMENT BUT THE DEVELOPERS AGREE TO SAVE AND KEEP HARMLESS THE SAID CITY FOR ANY AND ALL CLAIMS THAT MIGHT BE ADJUDICATED AGAINST SAID CITY BY REASON OF THE CONSTRUCTION, EXISTENCE, OPERATION OR MAINTENANCE OF SAID LINE FROM THE POINT OF TAKING OF WATER FROM THE CITY. VI THIS AGREEMENT SHALL CONTINUE AND REMAIN IN FORCE FOR A PERIOD OF FIVE (5) YEARS FROM AND AFTER THIS DATE, AT WHICH TIME IT SHALL TERMINATE UNLESS RENEWED BY AGREEMENT OF THE PARTIES. THE CITY RESERVES THE RIGHT TO CANCEL ON 90 DAYS WRITTEN NOTICE. IN WITNESS WHEREOF, THIS INSTRUMENT IS EXECUTED THIS THE DAY OF ig6g. CITY OF CORPUS CHRISTI ATTEST: _ BY CITY SECRETARY CITY MANAGER APPROVED: DAY OF ,ig6g: CITY ATTORNEY PHARAOH ENTERPRISES, LTD. ATTEST: BY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. Mo.RVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME 1.0 DE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FORE- GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AIJD DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 7 o6g NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS • CORPUS CHRISTI T XAS DAY OF `�` � 1 9z FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 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. RESPECTFU- %YOR p jgp� THE`�tTTY OF ORP CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOW IfJG OTE: 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